§ 16-113-402 - Motion -- Notice.
16-113-402. Motion -- Notice.
(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given.
(b) After answer filed by the party enjoined, he or she may give notice to the plaintiff of a motion to be made to the court in not less than ten (10) days thereafter, upon the whole case, to dissolve or modify the injunction.
(c) Upon the motion, each party may read depositions and other competent evidence in writing for the purposes of the motion.
(d) The court shall not be bound to take the answer as true.
(e) Only one (1) motion to dissolve or modify an injunction upon the whole case shall be allowed.