Section 1336. Vacating or modifying preliminary injunction or temporary restraining order  


Latest version.
  • A defendant enjoined by a preliminary injunction  may
      move  at  any  time,  on  notice to the claiming authority, to vacate or
      modify it. On motion, without notice, made by a defendant enjoined by  a
      temporary  restraining order, the judge who granted it, or in his or her
      absence or disability, another judge, may vacate or modify the order. An
      order granted without notice  and  vacating  or  modifying  a  temporary
      restraining order shall be effective when, together with the papers upon
      which  it  is  based,  it  is  filed  with the clerk and served upon the
      claiming authority. As a condition to  granting  an  order  vacating  or
      modifying  a  preliminary injunction or a temporary restraining order, a
      court may require the defendant to give an undertaking, in an amount  to
      be  fixed  by  the  court,  that the defendant shall pay to the claiming
      authority any loss sustained by reason  of  the  vacating  or  modifying
      order.