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Chapter 31.30 INJUNCTIONS

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(1) Emergency Restraining Order. When the complaining party demonstrates to the Tribal Court by affidavit or verified complaint that immediate and irreparable damage, injury, or loss will occur unless a party is restrained by the Tribal Court, the Tribal Court may issue an emergency restraining order, without notice to the adverse party, provided that the applicant provides the Tribal Court with written reasons supporting their claim that notice should not be required and certifying their efforts, if any, to notify the adverse party. Any emergency restraining orders issued by the Tribal Court shall contain a statement of the injury, why it is irreparable, and why the order was granted without notice. No restraining order shall be issued unless a complaint in writing shall have been filed with the Tribal Court. An emergency restraining order shall expire by its own terms not more than 35 days from the date of its issuance and this fact shall be shown on the face of the order. Such an order may be renewed for a like period of time, but not more than once. Such renewal must be requested before the expiration of the initial order and shall be granted only upon notice to the opposing party. An emergency restraining order may be modified, vacated, or set aside by motion of either party upon notice and opportunity for a hearing.

(2) Preliminary Injunctions. Following opportunity for hearing either on affidavits or on testimony, the Tribal Court may enter a preliminary injunction restraining a party from taking certain action or requiring a party to take certain action during the pendency of the lawsuit. A preliminary injunction may be entered only after an appropriate motion by a party and after notice and opportunity to be heard by the opposing party or parties. [Res. 24-44, 2024.]