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Chapter 13 - Injunctions

Chapter 13 - Injunctions

43.1301 Definitions.


As used in this chapter, the following definitions apply:

(a) “Applicant” means the entity or entities requesting the court’s issuance of an injunction in their favor.

(b) “Entity” means an individual, group of individuals, joint venture, partnership, corporation, trust, or other group, association, or thing cognizable under law.

(c) “lnjunction” means a court order which commands a party to take, conduct or effectuate, or prohibits a party from taking, conducting, or effectuating, specific action or activity.

(d) “Opposing party” means the entity or entities who have been or are requested to be enjoined.

(e) “Party” An entity which may sue or be sued in the court issuing the injunction is a party, if that entity is subject to the personal jurisdiction of that court at the time the injunction is served upon that entity, regardless of whether prior to the issuance of the injunction, that entity has been served with summons, or complaint, or otherwise notified of a potential or pending action.

(f) “Permanent injunction” means an injunction issued only after a full and final trial on the merits. A permanent injunction is in force and effect during the time period specified by the court at the time of issuance, or if no time period is specified then continuously until terminated by court order.

(g) “Preliminary injunction” means an injunction issued only after a noticed hearing in a court of competent jurisdiction on whether there is sufficient grounds for its issuance. A preliminary injunction is in force and effect continuously until such time as:

(1) the court issuing the preliminary injunction, or a superior court by court order, terminates the preliminary injunction; or

(2) a court of competent jurisdiction issues a permanent injunction in the same case in which the preliminary injunction was issued; or

(3) a court of competent jurisdiction, after a full and final trial on the merits, determines that a permanent injunction should not issue against the opposing party.

(h) “Sa‘o” means head matai or ulu of a Samoan family, for the purpose of this act, the traditionally recognized and registered sa’o or head matai in a Samoan family in American Samoa.

(i) “Samoan family” for the purpose of this act, means a unit of Samoan people bound together by tradition and blood heritage including blood relationship to the head matai title or sa’o of said family in American Samoa.

(j) “Sufficient grounds for the issuance of a preliminary injunction” means:

(1) there is a substantial likelihood that the applicant will prevail at trial on the merits and that a permanent injunction will be issued against the opposing party; and

(2) great or irreparable injury will result to the applicant before a full and final trial can be fairly held on whether a permanent injunction should issue.

(k) “Sufficient grounds for the issuance of a temporary restraining order” means:

(1) there is a substantial likelihood that the applicant will prevail at the hearing for a preliminary injunction;

(2) great or irreparable injury will result to the applicant before a hearing can be reasonably held on whether a preliminary injunction should issue; and

(3) the applicant:

(A) has informed the opposing party, or his attorney of the place and time the application for a temporary restraining order is to be made;

(B) has, in good faith, attempted to inform the opposing party, or his attorney of the place and time the application for a temporary rest raining order is to be made; or

(C) will probably incur substantial irreparable injury, loss, or damage, if required, prior to the issuance of the temporary restraining order, to inform the opposing party of the place and time the application is to be made.

(1) “Temporary restraining order” means an injunction prohibiting a party from taking, conducting, or effectuating, specific action or activity, issued after a court of competent jurisdiction determines that there is sufficient grounds for its issuance. A temporary restraining order is in force and effect only from the time of service upon the opposing party until:

(1) a court of competent jurisdiction issues a preliminary injunction embracing the subject action or activity;

(2) a court of competent jurisdiction, after hearing on whether a preliminary injunction should issue, determines that a preliminary injunction, embracing the subject action or activity should not issue; or

(3) 15 days from the date of issuance elapses, except that:

(A) the 15-day limitation may be extended by court order up to a total of 20 days upon a finding of good cause for that extension;

(B) the 15-day limitation may be extended as to an opposing party that stipulates, up to the end of the period to which stipulated, by and as to that opposing party.

43.1302 Issuance of permanent injunction.


A permanent injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after a full and final trial on the merits of the applicant’s claim and determination that a judgment for money damages will inadequately remedy the complained of wrong.

43.1303 Issuance of preliminary injunction.


(a) A preliminary injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after:

(1) there has been a hearing in which sufficient grounds for the issuance of a preliminary injunction has been established by a preponderance of the evidence adduced; and

(2) at least 48 hours prior to the hearing on the preliminary injunction, the applicant has filed with the court, and the opposing party, or his attorney has been served with a copy of the following documents:

(A) notice of the place and time the hearing is to take place;

(B) application for a preliminary injunction;

(C) order to show cause why a preliminary injunction should not issue;

(D) complaint praying for a permanent injunction;

(E) proposed permanent injunctive order and preliminary injunctive order;

(F) affidavits submitted in support of preliminary injunction; and

(G) memorandum of points and authorities of law in support of preliminary injunction.

(b) The opposing party may waive any or all of the requirements for issuance of a preliminary injunction as provided for in this section. Failure to object prior to and at, the noticed preliminary injunction hearing constitutes a waiver. A waiver of a requirement by an opposing party does not constitute a waiver of any other requirement, nor constitute a waiver by any other opposing party.

43.1304 Issuance of temporary restraining order.


A temporary restraining order may be issued by a court having subject matter jurisdiction of the case if sufficient grounds for the issuance of a temporary restraining order have been established by way of affidavit, verified complaint, testimony under oath or other competent evidence.

43.1305 Time for hearing on preliminary injunction.


(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.

43.1306 Modification and termination of injunctions.


(a) Upon notice and hearing, or on its own initiative, the court which issued an injunction, or a superior court, may modify an injunction upon terms that are fair. The modification is effective immediately upon its issuance; however, the modification is not effective against an opposing party until that opposing party, or his attorney, has notice of, or has been served with, the modification.

(b) An injunction is terminated upon the request of the applicant in whose favor the injunction issued.

43.1307 Form and scope of injunction.


Every order granting an injunction must set forth the reasons for its issuance. Every injunction issued must be specific in terms, must describe in reasonable detail, and not by reference to the complaint or other document, the acts enjoined, and is binding only upon the opposing parties, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them.

43.1308 Transmission to law enforcement agencies.


The clerk of courts transmits a copy of each injunction, modification, or termination thereof, granted under this chapter, by the close of the business day on which the order was granted, to the marshal and law enforcement officer or agency within the court’s discretion that are requested by the applicant. Each appropriate law enforcement agency may make available information as to the existence and current status of the injunction to law enforcement officers responding to the scene of reported violations.

43.1309 Undertaking-Justification of sureties-Termination of injunction for insufficient sureties.


(a) Before issuing a preliminary injunction or temporary restraining order the court shall, except when the injunction is granted on the application of the United States government, the government, or an officer or agency thereof or on the application of either spouse against the other in an action for divorce or separate maintenance, require a written undertaking on the part of the applicant, with sufficient sureties as the court may determine to the effect that the applicant will pay the opposing party the costs and damages not exceeding an amount to be specified, that the opposing party may sustain by reason of the injunction, if the court decides that the applicant should not have been entitled to the injunction or that he should pay the damage as the court may determine.

(b) In matters concerning disputes or controversies over communal or aiga land and matai titles only, before the full and final trial on the merits or permanent injunction can be held, the matter shall first be referred to the department of local government pursuant to 43.0302. The security or bond herein required shall be waived if and when the application for injunction is sought by the sa’o of a Samoan family to enjoin or prohibit a party from taking, conducting, or effectuating, specific action or activity on matters pertaining to communal or alga land or matai titles within his own family where he is the sa’o. The sa’o is the only authorized person under this act to bring such an application, unless the matai title of the sa’o is vacant or that he is incapacitated on such events, at least two blood male matai members of said family over the age of 18 may bring such an application and security thereof be waived. If the family does not have blood matai male members, then on such an occasion, at least two blood members of the family over the age of 18 may bring such application and the bond be waived.

43.1310 Injunction after answer.


After an opposing party has filed a responsive pleading, a temporary restraining order cannot be issued against the opposing party except upon reasonable notice.

43.1311 Costs and fees.


If a temporary restraining order or a preliminary injunction has been issued and thereafter it is determined that the applicant should not have been entitled to that injunction, then the opposing party may be awarded reasonable costs and attorney’s fees resulting from the issuance of that injunction.

43.1312 Effect on other laws.


Nothing in this chapter precludes any right to use other existing civil remedies.

43.1313 Failure to comply.


Any party failing to comply with an effective injunction issued pursuant to this chapter is, upon a showing of contempt as provided by court rules, subject to the contempt sanctions available to the court issuing the injunction