2.02.120 [Rule 9] Preliminary Injunctions and Temporary Restraining Orders

(a) A party to a civil suit may ask the judge for a pretrial order (injunction) prohibiting or requiring particular action by another party to keep things as they are until the Court has a chance to reach a final decision in the case. The order shall be granted if the person requesting it shows that there is a good chance that he or she will win the suit and that he or she will suffer irreparable loss or injury if the injunction is not issued.

(b) Unless otherwise stated in the injunction, a pretrial injunction shall remain in effect until final judgment in the case.

(c) Except as provided in this section, Rule 9(d), no pretrial injunction shall be issued unless the party to be enjoined first has notice and an opportunity to be heard in court.

(d) A judge may issue a temporary restraining order prohibiting or requiring particular action by a party to keep things as they are pending the court's final decision in the case without prior notice to the party to be restrained when the party who requests such an order provides by sworn statement or oral testimony that he or she will suffer permanent loss or injury if the order is not issued before the opposing party can be notified and heard and that he or she made a reasonable attempt to notify the opposing party of the time when the request would be made.

(e) A temporary restraining order shall be effective only for the time period specified in the order, and in no case for longer than ten (10) days. Subject to the requirements of this section, Rule 9(d), a temporary restraining order may be renewed once and only for good cause.

(f) The judge may require a party who requests a restraining order or pretrial injunction to provide security for any loss or injury which may be suffered by a party who is wrongfully enjoined or restrained; provided, however, that the judge shall not require such security from the Tribal government or any of its branches or instrumentalities.