Which statement best describes notice requirements for a preliminary injunction?

Which statement best describes notice requirements for a preliminary injunction?

• A. A preliminary injunction requires notice to the opposing party and a more comprehensive hearing.
• B. A preliminary injunction is issued ex parte with no notice.
• C. Notice is required only if the court believes it is necessary.
• D. Notice is never required for any injunction.

Answer: (A)

In Alabama practice, a preliminary injunction is a court order meant to preserve the status quo while a case is decided. To ensure fairness, the party seeking the injunction must give the opposing party reasonable notice and an opportunity to be heard. Rule 65 of the Alabama Rules of Civil Procedure normally requires notice to the adverse party and a full hearing with evidence before a preliminary injunction is issued. There is an exception only if the movant shows good cause why notice should not be required, but that is not the norm for a preliminary injunction. This distinguishes a preliminary injunction from a temporary restraining order, which can be issued ex parte for a short period without notice. So the best statement is that notice to the opposing party and a more comprehensive hearing are required. The other options are inconsistent with the standard rule: ex parte without notice applies to TRO, not a preliminary injunction; notice isn’t discretionary to the extent of being optional in most cases; and notice is not never required.

In Alabama practice, a preliminary injunction is a court order meant to preserve the status quo while a case is decided. To ensure fairness, the party seeking the injunction must give the opposing party reasonable notice and an opportunity to be heard. Rule 65 of the Alabama Rules of Civil Procedure normally requires notice to the adverse party and a full hearing with evidence before a preliminary injunction is issued. There is an exception only if the movant shows good cause why notice should not be required, but that is not the norm for a preliminary injunction. This distinguishes a preliminary injunction from a temporary restraining order, which can be issued ex parte for a short period without notice.

So the best statement is that notice to the opposing party and a more comprehensive hearing are required. The other options are inconsistent with the standard rule: ex parte without notice applies to TRO, not a preliminary injunction; notice isn’t discretionary to the extent of being optional in most cases; and notice is not never required.