Chapter 28 - Injunctions
CHAPTER 28 - INJUNCTIONS
1-28-101. "Injunction" defined.
Aninjunction is a command to refrain from a particular act. It may be the finaljudgment in an action or may be allowed as a provisional remedy, and when soallowed it is by order.
1-28-102. Causes for injunction; granting temporary order.
Whenit appears by the petition that the plaintiff is entitled to relief consistingof restraining the commission or continuance of some act the commission orcontinuance of which during the litigation would produce great or irreparableinjury to the plaintiff, or when during the litigation it appears that thedefendant is doing, threatens to do, or is procuring to be done some act inviolation of the plaintiff's rights respecting the subject of the action andtending to render the judgment ineffectual, a temporary order may be grantedrestraining the act. The order may also be granted in any case where it isspecially authorized by statute and by municipal ordinance adopted pursuant toW.S. 15-1-103(a)(xlvi).
1-28-103. When and by whom granted.
Theinjunction may be granted at the time of commencing the action, or at any time beforejudgment, by the district court or a judge thereof, or in the absence from thecounty of the judge, by the court commissioner of the county, when it appearsby affidavit of the plaintiff or his agent that the plaintiff is entitledthereto. When an injunction has been vacated during the pendency of the actionin the district court, and an appeal is taken to the supreme court from thejudgment or final order after trial in the district court, an injunction may begranted at any time before judgment or final order in the supreme court by ajudge of the supreme court, when it appears to the court or judge by affidavitof the party or his agent that the party is entitled thereto. Upon like proof,an injunction may also be allowed by the supreme or district court or by ajudge of either as a temporary remedy, during the pendency of a case on erroror appeal.
1-28-104. Order of injunction and notice.
Theorder of injunction shall be addressed to the party enjoined and shall statethe injunction. When the injunction is allowed at the commencement of theaction, the clerk shall endorse upon the summons "injunctionallowed", and it is not necessary to issue the order of injunction; nor isit necessary to issue the order when notice of the application has been givento the party enjoined. Service of the summons so endorsed or the notice of theapplication for an injunction is notice of its allowance.
1-28-105. Injunction operative from time of notice.
Aninjunction shall bind the party from the time he has notice and the bondrequired is executed.
1-28-106. When second application for injunction denied.
Noinjunction shall be granted by a judge after a motion therefor has beenoverruled by his court on the merits of the application. When it has been refusedby the court in which the action is brought, or a judge thereof, it shall notbe granted to the same applicant by a court of inferior jurisdiction, or anyjudge thereof.
1-28-107. Enforcement of injunction; penalties.
An injunction or restraining order grantedby a judge may be enforced as the act of the court, and disobedience may bepunished by the court as a contempt. An attachment may be issued against thedisobedient party upon satisfactory showing by affidavit of the breach of theinjunction or restraining order. The disobedient party may be required by thecourt or judge to pay a fine not exceeding two hundred dollars ($200.00), tomake immediate restitution to the party injured and to give further security toobey the injunction or restraining order. In default thereof, he may becommitted to custody until he complies with the requirements or is otherwiselegally discharged. Fines collected under this section shall be paid to thestate treasurer and credited as provided in W.S. 8-1-109.
1-28-108. Additional security may be required.
Atany time before judgment, upon reasonable notice to the party who obtained theinjunction, a party enjoined may move the court or judge for additionalsecurity. If it appears that the surety has removed from the state or isinsufficient, the court may vacate the injunction unless in a reasonable timesufficient security is given.
1-28-109. Affidavits used on hearing.
Onthe hearing of an application for an injunction, each party may readaffidavits, and all affidavits shall be filed.
1-28-110. Motion to vacate or modify injunction.
Whenan injunction has been granted a party may, before trial, apply to the court inwhich the action is pending, or a judge thereof, or to the supreme court or ajudge thereof, to vacate or modify the same. The party applying for vacation ormodification shall give the adverse party reasonable notice of the time andplace for hearing the motion. The application may be made upon the petition andaffidavits upon which the injunction was granted, or upon affidavits of theparty enjoined, with or without answer.
1-28-111. Evidence on hearing of motion.
Whenthe application is made upon affidavits of the defendant but not otherwise, theplaintiff may oppose the same by affidavits or other evidence in addition tothe evidence on which the injunction was granted.