RULE 4:52. Injunctions

4:52-1. Temporary Restraint and Interlocutory Injunction-Application on Filing of Complaint

Note: Source-R.R. 4:67-2. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (a) amended effective July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 9, 2008 to be effective September 1, 2008.

4:52-2. Temporary Restraint and Interlocutory Injunction-During Pendency of Action

During the pendency of an action, either a temporary restraint or an interlocutory injunction may be applied for either by motion or by order to show cause. The order to show cause shall be applied for and proceeded with in accordance with the provisions of R. 4:52-1, insofar as applicable.

Note: Source-R.R. 4:67-3.

4:52-3. Security

The court, on granting a temporary restraining order or interlocutory injunction or at any time thereafter, may require security or impose such other equitable terms as it deems appropriate.

Note: Source-R.R. 4:67-4.

4:52-4. Form and Scope of Injunction or Restraining Order

Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon such parties to the action and such of their officers, agents, employees, and attorneys, and upon such persons in active concert or participation with them as receive actual notice of the order by personal service or otherwise.

Note: Source-R.R. 4:67-5.

4:52-5. Denial of Application

A statement of the denial of an application for a temporary restraining order or an interlocutory injunction shall be made on the complaint or affidavit which shall then be filed.

Note: Source-R.R. 4:67-6.

4:52-6. Stay of Action in Superior Court

No injunction or restraint shall be granted in one action to stay proceedings in another pending action in the Superior Court, but such relief may be sought on counterclaim or otherwise in the pending action.

Note: Source-R.R. 4:67-7; amended July 26, 1984 to be effective September 10, 1984.

4:52-7. Labor Disputes

These rules do not supersede N.J.S. 2A:15-51 to 58 (Injunctions in Labor Disputes).

Note: Source-R.R. 4:67-9.