Senator Daniel McCay proposes the following substitute bill:


1     
JOINT RESOLUTION AMENDING RULES OF CIVIL

2     
PROCEDURE ON INJUNCTIONS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Brady Brammer

6     
Senate Sponsor: Daniel McCay

7     

8     LONG TITLE
9     General Description:
10          This joint resolution amends the Utah Rules of Civil Procedure, Rule 65A, regarding
11     injunctions.
12     Highlighted Provisions:
13          This resolution:
14          ▸     amends the Utah Rules of Civil Procedure, Rule 65A, regarding injunctions.
15     Special Clauses:
16          This resolution provides a special effective date.
17          This bill provides revisor instructions.
18     Utah Rules of Civil Procedure Affected:
19     AMENDS:
20          Rule 65A, Utah Rules of Civil Procedure
21     

22     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
23     of the two houses voting in favor thereof:
24          As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
25     rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of

26     all members of both houses of the Legislature:
27          Section 1. Rule 65A, Utah Rules of Civil Procedure is amended to read:
28          Rule 65A. Injunctions.
29          (a) Preliminary injunctions.
30          (a) (1) Notice. No preliminary injunction shall be issued without notice to the adverse
31     party.
32          (a) (2) Consolidation of hearing. Before or after the commencement of the hearing of
33     an application for a preliminary injunction, the court may order the trial of the action on the
34     merits to be advanced and consolidated with the hearing of the application. Even when this
35     consolidation is not ordered, any evidence received upon an application for a preliminary
36     injunction which would be admissible at the trial on the merits becomes part of the trial record
37     and need not be repeated at the trial. This subdivision (a)(2) shall be so construed and applied
38     as to save to the parties any rights they may have to trial by jury.
39          (b) Temporary restraining orders.
40          (b) (1) Notice. No temporary restraining order shall be granted without notice to the
41     adverse party or that party's attorney unless (A) it clearly appears from specific facts shown by
42     affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage
43     will result to the applicant before the adverse party or that party's attorney can be heard in
44     opposition, and (B) the applicant or the applicant's attorney certifies to the court in writing as to
45     the efforts, if any, that have been made to give notice and the reasons supporting the claim that
46     notice should not be required.
47          (b) (2) Form of order. Every temporary restraining order shall be endorsed with the
48     date and hour of issuance and shall be filed forthwith in the clerk's office and entered of record.
49     The order shall define the injury and state why it is irreparable. The order shall expire by its
50     terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the
51     time so fixed the order, for good cause shown, is extended for a like period or unless the party
52     against whom the order is directed consents that it may be extended for a longer period. The
53     reasons for the extension shall be entered of record.
54          (b) (3) Priority of hearing. If a temporary restraining order is granted, the motion for a
55     preliminary injunction shall be scheduled for hearing at the earliest possible time and takes
56     precedence over all other civil matters except older matters of the same character. When the

57     motion comes on for hearing, the party who obtained the temporary restraining order shall have
58     the burden to show entitlement to a preliminary injunction; if the party does not do so, the court
59     shall dissolve the temporary restraining order.
60          (b) (4) Dissolution or modification. On 48 hours' notice to the party who obtained the
61     temporary restraining order without notice, or on such shorter notice to that party as the court
62     may prescribe, the adverse party may appear and move its dissolution or modification. In that
63     event the court shall proceed to hear and determine the motion as expeditiously as the ends of
64     justice require.
65          (c) Security.
66          (c) (1) Requirement. The court shall condition issuance of the order or injunction on
67     the giving of security by the applicant, in such sum and form as the court deems proper, unless
68     it appears that none of the parties will incur or suffer costs, attorney fees or damage as the
69     result of any wrongful order or injunction, or unless there exists some other substantial reason
70     for dispensing with the requirement of security. No such security shall be required of the
71     United States, the State of Utah, or of an officer, agency, or subdivision of either; nor shall it be
72     required when it is prohibited by law.
73          (c) (2) Amount not a limitation. The amount of security shall not establish or limit the
74     amount of costs, including reasonable attorney fees incurred in connection with the restraining
75     order or preliminary injunction, or damages that may be awarded to a party who is found to
76     have been wrongfully restrained or enjoined.
77          (c) (3) Jurisdiction over surety. A surety upon a bond or undertaking under this rule
78     submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as agent
79     upon whom any papers affecting the surety's liability on the bond or undertaking may be
80     served. The surety's liability may be enforced on motion without the necessity of an
81     independent action. The motion and such notice of the motion as the court prescribes may be
82     served on the clerk of the court who shall forthwith mail copies to the persons giving the
83     security if their addresses are known.
84          (d) Form and scope. Every restraining order and order granting an injunction shall set
85     forth the reasons for its issuance. It shall be specific in terms and shall describe in reasonable
86     detail, and not by reference to the complaint or other document, the act or acts sought to be
87     restrained. It shall be binding only upon the parties to the action, their officers, agents, servants,

88     employees, and attorneys, and upon those persons in active concert or participation with them
89     who receive notice, in person or through counsel, or otherwise, of the order. If a restraining
90     order is granted without notice to the party restrained, it shall state the reasons justifying the
91     court's decision to proceed without notice.
92          (e) Grounds. A restraining order or preliminary injunction may issue only upon a
93     showing by the applicant that:
94          (e) (1) there is a substantial likelihood that the applicant will prevail on the merits of
95     the underlying claim;
96          (e) [(1) The] (2) the applicant will suffer irreparable harm unless the order or
97     injunction issues;
98          (e) [(2) The] (3) the threatened injury to the applicant outweighs whatever damage the
99     proposed order or injunction may cause the party restrained or enjoined; and
100          (e) [(3) The] (4) the order or injunction, if issued, would not be adverse to the public
101     interest[; and].
102          [(e) (4) There is a substantial likelihood that the applicant will prevail on the merits of
103     the underlying claim, or the case presents serious issues on the merits which should be the
104     subject of further litigation.]
105          (f) Motion for reconsideration.
106          (f) (1) A party enjoined or restrained by a restraining order or a preliminary injunction
107     on the effective date of this resolution may move the court to reconsider whether the order or
108     injunction should remain in effect if the order or injunction:
109          (A) is in writing;
110          (B) is restraining or enjoining the enforcement of a law; and
111          (C) explicitly states that the court granted the order or injunction on the ground that the
112     case presented serious issues on the merits which should be the subject of further litigation.
113          (f) (2) A motion for reconsideration under this paragraph (f) may be filed at any time
114     before the final determination of the case.
115          (f) (3) Upon a motion for reconsideration, the court must determine whether the
116     issuance of the restraining order or preliminary injunction meets the requirements in paragraph
117     (e) regardless of the requirements for the issuance of the order or injunction on the day on
118     which the order or injunction was issued.

119          (f) (4) If the court determines that the issuance of the restraining order or preliminary
120     injunction does not meet the requirements of paragraph (e), the court must terminate the order
121     or injunction.
122          [(f)] (g) Domestic relations cases. Nothing in this rule shall be construed to limit the
123     equitable powers of the courts in domestic relations cases.
124          Section 2. Effective date.
125          As provided in Utah Constitution Article VIII, Section 4, this resolution takes effect
126     upon a two-thirds vote of all members elected to each house.
127          Section 3. Revisor instructions.
128          The Legislature intends that the Office of Legislative Research and General Counsel, in
129     enrolling this resolution, delete the phrase "the effective date of this resolution" where the
130     phrase appears in paragraph (f) of Rule 65 of the Utah Rules of Civil Procedure in this
131     resolution and replace the phrase with the actual date on which the resolution takes effect.