43.1303 Issuance of preliminary injunction.

Cite as [A.S.C.A. § 43.1303]

(a) A preliminary injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after:

(1) there has been a hearing in which sufficient grounds for the issuance of a preliminary injunction has been established by a preponderance of the evidence adduced; and

(2) at least 48 hours prior to the hearing on the preliminary injunction, the applicant has filed with the court, and the opposing party, or his attorney has been served with a copy of the following documents:

(A) notice of the place and time the hearing is to take place;

(B) application for a preliminary injunction;

(C) order to show cause why a preliminary injunction should not issue;

(D) complaint praying for a permanent injunction;

(E) proposed permanent injunctive order and preliminary injunctive order;

(F) affidavits submitted in support of preliminary injunction; and

(G) memorandum of points and authorities of law in support of preliminary injunction.

(b) The opposing party may waive any or all of the requirements for issuance of a preliminary injunction as provided for in this section. Failure to object prior to and at, the noticed preliminary injunction hearing constitutes a waiver. A waiver of a requirement by an opposing party does not constitute a waiver of any other requirement, nor constitute a waiver by any other opposing party.

History: 1981, PL 17-6.