30.01.2015 Views

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

or modification and in that event <strong>the</strong> court shall proceed to hear and determine such<br />

motion as expeditiously as <strong>the</strong> ends <strong>of</strong> justice require.<br />

(c) Security. The court may require a movant to give security in an amount <strong>the</strong> court<br />

considers proper to pay <strong>the</strong> costs and damages sustained by any party found to have been<br />

wrongfully enjoined or restrained before issuing a preliminary injunction or a temporary<br />

restraining order. No such security shall be required <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> or <strong>of</strong> any <strong>of</strong>ficer<br />

or agency <strong>the</strong>re<strong>of</strong>.<br />

The provisions <strong>of</strong> Rule 65.1 apply to a surety upon a bond or undertaking under this<br />

rule.<br />

(d) <strong>For</strong>m and Scope <strong>of</strong> Injunction or Restraining Order.<br />

Every order granting an injunction and every restraining order shall set forth <strong>the</strong><br />

reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and<br />

not by reference to <strong>the</strong> complaint or o<strong>the</strong>r document, <strong>the</strong> act or acts sought to be<br />

restrained; and is binding only upon <strong>the</strong> parties to <strong>the</strong> action, <strong>the</strong>ir <strong>of</strong>ficers, agents,<br />

servants, employees, and counsel, and upon those persons in active concert or<br />

participation with <strong>the</strong>m who receive actual notice <strong>of</strong> <strong>the</strong> order by personal service or<br />

o<strong>the</strong>rwise.<br />

(e) Vacant. (Employer and Employee; Interpleader; Constitutional Cases)<br />

Comment: The time for expiration <strong>of</strong> temporary restraining orders has been<br />

increased in <strong>the</strong>se rules from <strong>the</strong> U.S. Federal Rules, 10 days to 14 days. Time for <strong>the</strong><br />

adverse party to move for dissolution has been increased from 2 days in <strong>the</strong> U.S. Federal<br />

Rules to 3 days here.<br />

Rule 65 has been modified make <strong>the</strong> giving <strong>of</strong> security discretionary with <strong>the</strong><br />

court ra<strong>the</strong>r than mandatory.<br />

Rule 65.1. Security: Proceedings Against Sureties. Whenever <strong>the</strong>se rules require or<br />

permit <strong>the</strong> giving <strong>of</strong> security by a party, and security is given in <strong>the</strong> form <strong>of</strong> a bond or<br />

stipulation or o<strong>the</strong>r undertaking with one or more sureties, each surety submits himself to<br />

<strong>the</strong> jurisdiction <strong>of</strong> <strong>the</strong> court and irrevocably appoints <strong>the</strong> clerk <strong>of</strong> <strong>the</strong> court as his agent<br />

upon whom any papers affecting his liability on <strong>the</strong> bond or undertaking may be served.<br />

His liability may be enforced on motion without <strong>the</strong> necessity <strong>of</strong> an independent action.<br />

The motion and such notice <strong>of</strong> <strong>the</strong> motion as <strong>the</strong> court prescribes may be served on <strong>the</strong><br />

clerk <strong>of</strong> <strong>the</strong> court, who shall promptly mail copies to <strong>the</strong> sureties if <strong>the</strong>ir addresses are<br />

known.<br />

Rule 66. Receivers Appointed by Courts. An action wherein a receiver has been<br />

appointed shall not be dismissed except by order <strong>of</strong> <strong>the</strong> court. An action in which <strong>the</strong><br />

appointment <strong>of</strong> a receiver is sought or which is brought by or against a receiver is<br />

governed by <strong>the</strong>se rules.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!