GA Code § 9-11-65 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 11 - Civil Practice Act|Article 8 - Provisional and Final Remedies and Special Proceedings|§ 9-11-65. Injunctions and Restraining Orders

  Interlocutory injunction.   NOTICE. No interlocutory injunction shall be issued without notice to the adverse party.   CONSOLIDATION OF HEARING WITH TRIAL ON MERITS. Before or after the commencement of the hearing of an application for an interlocutory injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for an interlocutory injunction which would be admissible upon the trial on the merits shall become a part of the record on the trial and need not be repeated upon the trial. This paragraph shall be construed and applied so as to save any rights of the parties which they may have to trial by jury.     Temporary restraining order; when granted without notice; duration; hearing; application to dissolve or modify. A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if:   It clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition; and   The applicant's attorney certifies to the court, in writing, the efforts, if any, which have been made to give the notice and the reasons supporting the party's claim that notice should not be required.  Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance, shall be filed forthwith in the clerk's office and entered of record, and shall expire by its terms within such time after entry, not to exceed 30 days, as the court fixes, unless the party against whom the order is directed consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the motion for an interlocutory injunction shall be set down for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character; when the motion comes on for hearing, the party who obtained the temporary restraining order shall proceed with the application for an interlocutory injunction; and, if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification; and in that event the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require.      Security. As a prerequisite to the issuance of a restraining order or an interlocutory injunction, the court may require the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been enjoined or restrained wrongfully. A surety upon a bond or undertaking under this Code section submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the persons giving the security if their addresses are known.   Form and scope of injunction or restraining order. Every order granting an injunction and every restraining order 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 the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive notice of the order by personal service or otherwise.   When inapplicable. This Code section is not applicable to actions for divorce, alimony, separate maintenance, or custody of children. In such actions, the court may make prohibitive or mandatory orders, with or without notice or bond, and upon such terms and conditions as the court may deem just.    (Ga. L. 1966, p. 609, § 65; Ga. L. 1967, p. 226, § 31; Ga. L. 1972, p. 689, §§ 10, 11.)   Cross references.   - Injunctions generally, T. 9, C. 5.   Equity generally, T. 23.    Issuance of injunction to prevent nuisance, § 41-2-4.   U.S. Code.   - For provisions of Federal Rules of Civil Procedure, Rule 65, and annotations pertaining thereto, see 28 U.S.C.   Law reviews.   - For article discussing validity of ex parte injunction affecting constitutionally protected rights, see 7 Ga. L. Rev. 246 (1973). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007). For comment, "Engendering Fairness in Domestic Violence Arrests: Improving Police Accountability Through the Equal Protection Clause," see 60 Emory L.J. 1011 (2011).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Interlocutory Injunctions   Temporary Restraining Orders   Form and Scope of Injunctions and Restraining Orders    RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Injunctions, §§ 7, 243, 244, 249, 256, 257, 261 et seq., 276, 277, 280, 282 et seq., 299 et seq., 308, 331, 332.   14A Am. Jur. Pleading and Practice Forms, Injunctions, §§ 4, 105, 116, 152.   C.J.S.   - 35B C.J.S., Federal Civil Procedure, §§ 1048, 1342, 1343, 1345. 43A C.J.S., Injunctions, §§ 8, 20 et seq., 121, 122, 226, 227, 232, 239, 240, 244 et seq., 259, 260, 263, 265 et seq., 280 et seq., 289, 309, 310, 368 et seq., 402 et seq.   ALR.    - Right of state or federal court to protect litigants by enjoining proceedings in bankruptcy, 32 A.L.R. 979.    May suit for injunction against a nonresident rest upon constructive service or service out of state, 69 A.L.R. 1038.    When preliminary order or temporary injunction deemed to have been dissolved within contemplation of statute providing for recovery of damages where injunction is dissolved, 123 A.L.R. 1235.    Constitutionality of statute or practice requiring or authorizing temporary restraining order or injunction without notice, 152 A.L.R. 168.   Decree granting or refusing injunction as res judicata in action for damages in relation to matter concerning which injunction was asked in first suit, 26 A.L.R.2d 446.   Furnishing of bond as prerequisite to issuance of temporary restraining order, 73 A.L.R.2d 854.   Dismissal of injunction action or bill without prejudice as breach of injunction bond, 91 A.L.R.2d 1312.   Period for which damages are recoverable or are computed under injunction bond, 95 A.L.R.2d 1190.   Who, under Federal Rule 65(d) and state counterparts, are persons "in active concert or participation" with parties to action so as to be bound by order granting an injunction, 97 A.L.R.2d 490.   Appealability of order granting, extending, or refusing to dissolve temporary restraining order, 19 A.L.R.3d 403.   Appealability of order refusing to grant or dissolving temporary restraining order, 19 A.L.R.3d 459.