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.A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if it clearly appears from specific facts. For the court to grant injunctive relief, the claimant must prove that without the injunction, they would suffer "irreparable harm. Write a short and plain statement of the claim. Do not make legal arguments. Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. During the ex parte TRO period, the applicant must apply for and have a hearing on a preliminary injunction. ¶¶ 2628, while Count II raised a claim for equitable injunctive relief in the event that no monetary damages were available, id. Yes, since an injunction is a remedy, not a cause of action (Marlin v.