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Ch 1, p.74 CIVIL PROCEDURE December 2010
Rule 1.1504 Statement re prior presentation. A petition seeking a temporary injunction shall state,
or the attorney shall certify thereon, whether a petition for the same relief, or part thereof, has been
previously presented to and refused by any court or justice, and if so, by whom and when.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1505 Place for filing. A request for a temporary injunction shall be filed in the county where
the action is, or will be, pending.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1506 By whom granted. A temporary injunction may be granted by any of the following:
1.1506(1) A judge of the district in which the action is or will be pending.
1.1506(2) The supreme court or a justice thereof.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1507 Notice. Before granting a temporary injunction, the court may require reasonable notice
of the time and place of hearing therefor to be given the party to be enjoined. When the applicant is
requesting that a temporary injunction be issued without notice, applicant’s attorney must certify to
the court in writing either the efforts which have been made to give notice to the adverse party or that
party’s attorney or the reason supporting the claim that notice should not be required. Such notice
and hearing must be had for a temporary injunction or stay of agency action pursuant to Iowa Code
section 17A.19(5), to stop the general and ordinary business of a corporation, or action of an agency
of the state of Iowa, or the operations of a railway or of a municipal corporation, or the erection of a
building or other work, or the board of supervisors of a county, or to restrain a nuisance.
[Report 1943; amended October 9, 1984, effective December 8, 1984; October 31, 1997, effective January
24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1508 Bond. The order directing a temporary injunction must require that before the writ
issues, a bond be filed, with a penalty to be specified in the order, which shall be 125 percent of
the probable liability to be incurred. Such bond with sureties to be approved by the clerk shall
be conditioned to pay all damages which may be adjudged against the petitioner by reason of the
injunction. But in actions for dissolution of marriage, separate maintenance, annulment of marriage,
or domestic abuse, the court in its discretion may waive any bond, or fix its penalty in any amount
deemed just and reasonable.
[Report 1943; Report 1978, effective July 1, 1979; amendment 1981; November 9, 2001, effective February
15, 2002]
Rule 1.1509 Hearing to dissolve temporary injunction. A party against whom a temporary
injunction is issued without notice may, at any time, move the court where the action is pending to
dissolve, vacate or modify it. Such motion shall be submitted to that court. A hearing shall be held
within ten days after the filing of the motion.
[Report 1943; amendment 1984; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
COMMENT ON AMENDMENTS TO RULES 1.1505, 1.1506, 1.1507, AND 1.1509: Concern has been raised regarding the
issuance of temporary injunctions without a hearing or notice to the adverse party, and the subsequent difficulty in scheduling a hearing
to dissolve, vacate or modify the injunction. The amendment to rule 1.1507 puts the burden upon the applicant to certify that he or she
has either made an attempt to provide notice or has legitimate reasons for not providing notice. The amendment to rule 1.1509 provides
once the temporary injunction has been issued, the adverse party may then file a motion to dissolve, vacate or modify the injunction,
which shall be heard within ten days. This puts the burden upon the adverse party to request the hearing.
Rule 1.1510 Enjoining proceedings or judgment; venue; bond. An action seeking to enjoin
proceedings in a civil action, or on a judgment or final order, must be brought in the county and
court where such proceedings are pending or such judgment or order was obtained, unless that be the
supreme court, in which case the action must be brought in the court from which appeal was taken.
Any bond in such action must be further conditioned to pay or comply with such judgment or order,
or to pay any judgment that may be recovered against the petitioner on the claim enjoined.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1511 Violation as contempt. Violation of any provision of any temporary or permanent
injunction shall constitute contempt and be punished accordingly.
[Report 1943; November 9, 2001, effective February 15, 2002]