This form should be prepared in advance of and brought to the hearing on the application for a temporary injunction. This manual contains no separate application for the temporary injunction, because it is assumed that the plaintiff will initially file a combined application for a temporary restraining order and a temporary injunction; see form 8-26 in this chapter.
If the defendant appears without counsel or does not appear, the form should be modified accordingly. The order probably should recite that notice was given. See Tex. R. Civ. P. 681.
The order must state the reasons the court believes the plaintiff will be injured if the injunction does not issue. The enjoined conduct must be described clearly, definitely, and precisely, so that the defendant will not have to draw inferences or conclusions about what is proscribed. See section 8.39.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application at form 8-26. |
Order for Issuance of Temporary Injunction
After due notice was given, the Court heard Plaintiff’s Application for Temporary Injunction in this cause. Plaintiff and Defendant appeared by and through their attorneys of record.
The Court finds that—
1.Defendant intends to [state defendant’s wrongful action, e.g., liquidate his personal property, close his bank accounts, and remove all his assets from this state, to effectively place them beyond Plaintiff’s reach before a judgment can be rendered in this cause];
2.Plaintiff will probably be awarded a recovery in this cause;
3.if Defendant’s threatened conduct as described above is not enjoined during the pendency of this suit, Plaintiff will be injured because [state reasons for injury, e.g., Defendant will not have nonexempt assets available to satisfy Plaintiff’s judgment for damages, so that the judgment will be ineffectual and Plaintiff will have no adequate remedy at law];
4.Plaintiff has exercised due diligence in prosecuting the underlying claim in this cause;
5.Plaintiff’s injury will outweigh any injury to Defendant that may occur on issuance of this injunction;
6.the injunction will not disserve the public interest;
7.Defendant’s intended conduct as described above will change the status quo, which should be maintained in the public interest; and
8.Plaintiff’s bond in the amount of $____________ will fully protect Defendant’s rights during the pendency of this action.
It is therefore ORDERED that a temporary injunction issue, operative until judgment is entered in this cause, enjoining [name[s]] from [describe conduct enjoined, e.g., transferring or removing any funds or other property belonging to [name of defendant] in the possession of [name of third-party defendant]], provided that, before the issuance of the injunction, Plaintiff must post bond in the amount of $____________, payable to Defendant, conditioned and approved as required by law.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for Defendant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
Order Setting Cause for Trial
It is ORDERED that the foregoing cause of action is set for trial on ______________________, at ______________ __.m. at [designation and location of court].
SIGNED on ________________________________.
JUDGE PRESIDING