Section 6314. 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 plaintiff, 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 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 plaintiff. As a
      condition to granting an  order  vacating  or  modifying  a  preliminary
      injunction  or  a  temporary  restraining order, a court may require the
      defendant, except where the defendant is a public body  or  officer,  to
      give  an  undertaking,  in  an amount to be fixed by the court, that the
      defendant shall pay to the plaintiff any loss sustained by reason of the
      vacating or modifying order.