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43.1305 Time for hearing on preliminary injunction.

Cite as [A.S.C.A. § 43.1305]

(a) Whenever a temporary restraining order is issued without notice to the opposing party, hearing on whether a preliminary injunction should issue shall be conducted on the earliest day that the business of the court will reasonably permit not to exceed 10 days, unless time is extended upon a finding of good cause for such extension after the opposing party has received notice of the proposed extension.

(b) Whenever an opposing party requests a continuance of the hearing on a preliminary injunction, upon notice to all interested parties, a reasonable continuance shall be freely granted, provided:

(1) if a temporary restraining order has been issued, then the party requesting the continuance stipulates that the temporary restraining order may remain effective until the ruling on the preliminary injunction; and

(2) if an opposing party, upon notice of a requested continuance by another opposing party, objects to the continuance, then the court may, upon balancing the relative interests of all parties, grant or deny a continuance.

(c) Notice of a continuance request by an opposing party may be oral or in writing to a party, or his attorney, and may be contemporaneously made with the continuance request.

(d) Hearing on whether a preliminary injunction should issue takes precedence over all other matters on the calendar day, except older matters of the same character, and matters to which special precedence may be given by law.

History: 1981, PL 17-6.