Printable Format60-903. Temporary restraining order. (a) Temporary restraining order; issuing without notice. Except as provided in subsection (b) of K.S.A. 60-904, and amendments thereto, the court may issue a temporary restraining order without notice or bond to the adverse party or its attorney only if:
(1) Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition;
(2) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required; and
(3) notice of the issuance of a temporary restraining order is provided to the attorney general of the state of Kansas if the adverse party is the state of Kansas or an agency, officer or employee thereof, or to the appropriate city clerk or county clerk if the adverse party is a city or county or an agency, officer or employee thereof.
(b) Contents; expiration. Every temporary restraining order issued without notice must state the date and hour it was issued, describe the injury and state why it is irreparable, state why the order was issued without notice and be promptly filed in the clerk's office and entered in the record. The order expires at the time after entry, not to exceed 14 days, that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.
(c) Expediting the temporary injunction hearing. If the temporary restraining order is issued without notice, the motion for a temporary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion, and if the party does not, the court must dissolve the order.
(d) Service. Where a temporary restraining order is issued without notice, it shall be served upon each party restrained in the manner prescribed for personal service of a summons.
(e) Motion to Dissolve. On two days' notice to the party who obtained the temporary restraining order without notice, or on shorter notice set by the court, the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.
(f) Security. Unless otherwise provided by statute or this section, the court may issue a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully restrained. The state of Kansas or an agency, officer or employee thereof, is not required to give security. For any city or county or an agency, officer or employee thereof, at the discretion of the judge, the security required by this subsection may be waived.
History: L. 1963, ch. 303, 60-903; L. 1990, ch. 202, § 30; L. 2013, ch. 123, § 1; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 240; L. 1909, ch. 182, § 252; L. 1913, ch. 233, § 2; R.S. 1923, 60-1105, 60-1108.
Cross References to Related Sections:
Process generally, see chapter 60, article 3.
Law Review and Bar Journal References:
Law discussed prior to new code, Dan Hopson, Jr., 6 K.L.R. 1–37 (1957).
"Service of Process by Certified Mail," Robert C. Casad, 59 J.K.B.A. No. 10, 25, 26 (1990).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1105, 60-1108 and the 1961 Supp. thereto.
1. Provisions discussed and applied. Ostler v. Nickel, 196 Kan. 477, 479, 413 P.2d 303.
2. Damages recoverable in action on injunction bond where period of temporary restraint wrongfully imposed. Tobin Construction Co. v. Holtzman, 207 Kan. 525, 526, 529, 485 P.2d 1276.
3. Statute, valid on its face, may be unconstitutional as to particular facts such as freedom of speech. U.S.D. No. 503 v. McKinney, 236 Kan. 224, 231, 689 P.2d 860 (1984).
4. Cited; authority of securities commissioner to conduct evidentiary hearing under K.S.A. 17-1266a(a) on permanent cease and desist order examined. Activator Supply Co. v. Wurth, 239 Kan. 610, 624, 722 P.2d 1081 (1986).
5. Party may not maintain action for wrongful procurement of restraining order (other than upon bond) without showing malice. DeWerff v. Schartz, 12 Kan. App. 2d 553, 558, 751 P.2d 1047 (1988).
6. Whether emergency or extreme circumstances existed to support ex parte temporary injunction restraining newspaper from reporting on trial examined. State v. Alston, 256 Kan. 571, 579, 887 P.2d 681 (1994).
7. Cited; no error in trial court's failure to require a bond before issuing restraining order. St. David's Episcopal Church v. Westboro Baptist Church, Inc., 22 Kan. App. 2d 537, 556, 921 P.2d 821 (1996).
8. Imposition of permanent injunction without giving enjoined party right to be heard reversed. Kansas East Conf. of the United Methodist Church v. Bethany Med. Ctr., 266 Kan. 366, 381, 969 P.2d 859 (1998).