WA · rules
Wash. Super. Ct. Civ. R. 65
Injunctions
(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued without notice to the adverse party.
(2) Consolidation of Hearing With Trial on Merits. Before or after the commencement of
the hearing of an application for a preliminary injunction, the court may order the trial of the
action on the merits to be advanced and consolidated with the hearing of the application. Even
when this consolidation is not ordered, any evidence received upon an application for a
preliminary injunction which would be admissible upon the trial on the merits becomes part of
the record on the trial and need not be repeated upon the trial. This subsection shall be so
construed and applied as to save to the parties any rights they may have to trial by jury.
(b) Temporary Restraining Order; Notice; Hearing; Duration. A temporary restraining
order may be granted without written or oral notice to the adverse party or the adverse party’s
attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified
complaint that immediate and irreparable injury, loss, or damage will result to the applicant
before the adverse party her or his attorney can be heard in opposition, and (2) the applicant’s
attorney certifies to the court in writing the efforts, if any, which have been made to give the
notice and the reasons supporting the applicant’s claim that notice should not be required. Every
temporary restraining order granted without notice shall be endorsed with the date and hour of
issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury
and state why it is irreparable and why the order was granted without notice; and shall expire by
its terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the
time so fixed the order, for good cause shown, is extended for a like period or unless the party
against whom the order is directed consents that it may be extended for a longer period. The
reasons for the extension shall be entered of record. In case a temporary restraining order is
granted without notice, the motion for a preliminary injunction shall be set down for hearing at
the earliest possible time and takes precedence over all matters except older matters of the same
character; and when the motion comes on for hearing the party who obtained the temporary
restraining order shall proceed with the application for a preliminary injunction and, if the party
does not do so, the court shall dissolve the temporary restraining order. On 2 days' notice to the
party who obtained the temporary restraining order without notice or on such shorter notice to
that party as the court may prescribe, the adverse party may appear and move its dissolution or
modification and in that event the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(c) Security. Except as otherwise provided by statute, no restraining order or preliminary
injunction shall issue except upon the giving of security by the applicant, in such sum as the
court deems proper, for the payment of such costs and damages as may be incurred or suffered by
any party who is found to have been wrongfully enjoined or restrained. No such security shall be
required of the United States or of an officer or agency thereof or of an Indian tribe within the
State of Washington with a governing body duly recognized by the United States Secretary of
Interior or of an officer or agency thereof. Pursuant to RCW 4.92.080 no security shall be
required of the State of Washington, municipal corporations or political subdivisions of the State
of Washington.
The provisions of rule 65.1 apply to a surety upon a bond or undertaking under this rule.
(d) Form and Scope. Every order granting an injunction and every restraining order shall
set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail,
and not by reference to the complaint or other document, the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers, agents, servants, employees, and
attorneys, and upon those persons in active concert or participation with them who receive actual
notice of the order by personal service or otherwise.
(e) Statutes. These rules are intended to supplement and not to modify any statute
prescribing the basis for obtaining injunctive relief. These rules shall prevail over statutes if there
are procedural conflicts.
History
[Adopted effective July 1, 1967; Amended effective July 1, 1974; January 1, 1981; September 1, 1989; April 28, 2015; September 19, 2023.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
54429eeaee65b8169405a0d22b49f9d447a5504aa41c3beee1a1e0aa73d81a10
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