Circuit Court Probate Division Rules Table of Contents
(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.