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Circuit Court Probate Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- PROBATE DIVISION 

Rule 161. TEMPORARY RESTRAINING ORDERS; PRELIMINARY INJUNCTIONS.


    (a) Temporary Restraining Order; Notice; Hearing; Duration. A temporary restraining order may be granted only by a judge of the Probate Court. It may be granted without written or oral notice to the adverse Pro Se Party or Attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified Petition that immediate and irreparable injury, loss or damage will result to the applicant before the adverse Pro Se Party or Attorney can be heard in opposition; and (2) the applicant or the applicant's Attorney certifies to the Court in writing the efforts which have been made to give the notice or the reasons supporting his or her claim that notice should not be required. Any hearing held without the presence of the adverse Pro Se Party or Attorney shall be recorded, unless waived by the Court. Every temporary restraining order, which is granted without notice, shall be endorsed with the date and hour of issuance, shall define the injury and state why it is irreparable and why the order was granted without notice, and shall expire by its terms within such time after issuance, not to exceed ten (10) days, as the Court fixes, unless, within the time so fixed, the order, for good cause shown, is extended for a like period, or unless the Party, against whom the order is directed, consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the application for a preliminary injunction shall be set down for hearing at the earliest possible time, and in any event within ten (10) days, and, when the matter comes on for hearing, the Party, who obtained the temporary restraining order, shall proceed with the application for a preliminary injunction, and if he or she does not do so, the Court shall dissolve the temporary restraining order. On two (2) days' notice to the Party who obtained the temporary restraining order without notice, or on such shorter notice to that Party as the Court may prescribe, the adverse Party may appear and move its dissolution or modification, and, in that event, the Court shall proceed to hear and determine such Motion as expeditiously as the ends of justice require.

    (b) Preliminary Injunction.

        (1) Notice. No preliminary injunction shall be issued without notice to the adverse Party and a preliminary injunction shall only be issued by a judge of the Probate Court.

        (2) Consolidation of Hearing With Trial on Merits. Before, or after, the commencement of the hearing of an application for a preliminary injunction, the Court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application.

    (c) Security. Unless the Court, for good cause shown, shall otherwise order, no restraining order or preliminary injunction shall issue except upon the giving of an injunction bond by the applicant, in such sums as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any Party who is found to have been wrongfully enjoined or restrained. No such bond shall ordinarily be required of the United States or of the State of New Hampshire.  The provisions of Rule 163 apply to a surety upon a bond or undertaking under this Rule.

    (d) Form and Scope of Injunction or Restraining Order. Unless the Court, for good cause shown, otherwise orders, an injunction or restraining order shall be specific in terms; shall describe in reasonable detail, the act or acts sought to be restrained; and is binding only upon the Parties to the action, their officers, agents, servants, employees, and Attorneys, and upon those Persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

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Circuit Court Probate Division Rules Table of Contents