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46.4407 Injunctions and declaratory judgments.

Cite as [A.S.C.A. § 46.4407]

(a) Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of 46.4402 through 46.4405, a civil action may be instituted by the Attorney General against any person violating or about to violate those sections in order to obtain a declaration that the promotion, furnishing, or display of that material or performance is prohibited. The action may also seek an injunction appropriately restraining promotion furnishing or display.

(b) The action may be brought only in the Trial Division of the High Court.

(c) Any promoter, furnisher, or displayer of, or a person who is about to be a promoter, furnisher, or displayer of, the material or performances involved may intervene as of right as a party defendant in the proceedings.

(d) The Trial and Appellate Divisions of the High Court shall give expedited consideration to actions and appeals brought under this section. The defendant is entitled to a trial of the issues within one day after the issuance of any injunction or restraining order and a decision is rendered by the court within 2 days of the conclusion of the trial. No restraining order or injunction of any kind shall be issued restraining the promotion, furnishing, or display of any material or performance without a prior adversary hearing before the court.

(e) A final declaration obtained under this section may be used to form the basis for an injunction and for no other purpose.

(f) All laws regulating the procedure for obtaining declaratory judgments or injunctions which are inconsistent with the provisions of this section are inapplicable to proceedings brought under this section. There is no right to jury trial in any proceedings under this section.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 573. 070.