Rule 65(b)(1) provides that no court shall issue an injunction unless proper notice is given to the adverse party. This article defines preliminary injunction, details its elements and the hearing process, and includes a sample motion to download.No court shall have jurisdiction to issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute. When deciding whether to grant a permanent injunction under Massachusetts law, the court must determine that: • The applicant prevailed on the merits. At the request of the Committee on Rules and Practice of the Judicial Conference of the. Removal is the process of transferring a case from state court to federal court. It takes more than three weeks to get a preliminary injunction (sometimes much more). For any applicant that is not a party to the Kansas v.