Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance, shall be filed forthwith in the clerk’s office and entered of record, and shall expire by its terms within such time after entry, not to exceed 30 days, as the court fixes, unless the party against whom the order is directed consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the motion for an interlocutory injunction shall be set down for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character; when the motion comes on for hearing, the party who obtained the temporary restraining order shall proceed with the application for an interlocutory injunction; and, if he does not do so, the court shall dissolve the temporary restraining order. On two days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification; and in that event the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require.
History. Ga. L. 1966, p. 609, § 65; Ga. L. 1967, p. 226, § 31; Ga. L. 1972, p. 689, §§ 10, 11.
Cross references.
Injunctions generally, T. 9, C. 5.
Equity generally, T. 23.
Issuance of injunction to prevent nuisance, § 41-2-4 .
U.S. Code.
For provisions of Federal Rules of Civil Procedure, Rule 65, and annotations pertaining thereto, see 28 U.S.C.
Law reviews.
For article discussing validity of ex parte injunction affecting constitutionally protected rights, see 7 Ga. L. Rev. 246 (1973).
For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).
For comment, “Engendering Fairness in Domestic Violence Arrests: Improving Police Accountability Through the Equal Protection Clause,” see 60 Emory L.J. 1011 (2011).