34-19-5 - Injunctive relief -- When available -- Necessary findings -- Procedure.
34-19-5. Injunctive relief -- When available -- Necessary findings -- Procedure.
(1) No court, nor any judge or judges of a court, shall have jurisdiction to issue atemporary or permanent injunction in any case involving or growing out of a labor dispute, asdefined in Section 34-19-11, except after hearing the testimony of witnesses in open court, withopportunity for cross-examination, in support of the allegations of a complaint made under oathand testimony in opposition to it, if offered, and except after findings of all of the facts describedin Subsection (2) by the court, or a judge or judges.
(2) The findings required by Subsection (1) are all of the following:
(a) that unlawful acts have been threatened or committed and will be executed orcontinued unless restrained;
(b) that substantial and irreparable injury to property or property rights of thecomplainant will follow unless the relief requested is granted;
(c) that as to each item of relief granted greater injury will be inflicted upon complainantby the denial of it than will be inflicted upon defendants by the granting of it;
(d) that no item of relief granted is relief that a court or judge of it has no jurisdiction torestrain or enjoin under Section 34-19-2;
(e) that the complainant has no adequate remedy at law; and
(f) that the public officers charged with the duty to protect complainant's property havefailed or are unable to furnish adequate protection.
(3) Subject to Subsection (4), the hearing required by Subsection (1) shall be held afterdue and personal notice of it has been given, in such manner as the court shall direct, to allknown persons against whom relief is sought, and also to those public officers charged with theduty to protect complainant's property.
(4) (a) If a complainant shall also allege that unless a temporary restraining order shall beissued before a hearing may be had, a substantial and irreparable injury to complainant's propertywill be unavoidable, a temporary restraining order may be granted upon the expiration of suchreasonable notice of application for the restraining order as the court may direct by order to showcause, but in no less than 48 hours. This order to show cause shall be served upon such party orparties as are sought to be restrained and as shall be specified in the order, and the restrainingorder shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient,if sustained to justify the court in issuing a temporary injunction upon a hearing as provided forin this section.
(b) Such a temporary restraining order shall be effective for no longer than five days, andat the expiration of said five days shall become void and not subject to renewal or extension,except that if the hearing for a temporary injunction shall have been begun before the expirationof the five days, the restraining order may in the court's discretion be continued until a decision isreached upon the issuance of the temporary injunction.
(5) No temporary restraining order or temporary injunction shall be issued except oncondition that the complainant shall first file an undertaking with adequate security sufficient torecompense those enjoined for any loss, expense, or damage caused by the improvident orerroneous issuance of such order or injunction, including all reasonable costs, together withreasonable attorney fees, and expense against the order or against the granting of any injunctiverelief sought in the same proceeding and subsequently denied by the court. This undertakingshall be understood to signify an agreement entered into by the complainant and the surety uponwhich a decree may be rendered in the same suit or proceeding against such complainant and
surety, the complainant and the surety submitting themselves to the jurisdiction of the court forthat purpose, except that nothing in this Subsection (5) shall deprive any party having a claim orcause of action under or upon such undertaking from electing to pursue the party's ordinaryremedy by suit at law or in equity.
Amended by Chapter 306, 2007 General Session