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CR 65.04 Temporary injunction

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VIII Provisional and Final Remedies and Special Proceedings
CR 65. Injunctions (Refs & Annos)
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 65.04
CR 65.04 Temporary injunction
(1) When authorized.
A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action, or the acts of the adverse party will tend to render such final judgment ineffectual.
(2) Officers who may grant, modify or dissolve.
A temporary injunction may be granted, modified or dissolved on motion by the judge of the court in which the action is pending, or if he is disqualified or absent from his judicial district, by any circuit judge.
(3) Issuance, filing and entry.
Every temporary injunction shall be indorsed with the date and hour of issuance, and shall forthwith be filed in the clerk's office and entered.
(4) Binding effect and duration.
A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motions or until a permanent injunction is granted or denied.
(5) Findings of fact and conclusions of law.
In granting, denying, or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action, as required by Rule 52.01.

Credits

HISTORY: Amended eff. 6-1-60; adopted eff. 7-1-53
Rules Civ. Proc., Rule 65.04, KY ST RCP Rule 65.04
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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