(a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why the injunction should not be granted.
(b) No temporary injunction may be granted without notice to the adverse party unless it clearly appears from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result to the plaintiff before the matter can be heard on notice. It shall be sufficient, on such application for a temporary injunction, to present to the court or judge the original complaint containing the demand for an injunction, duly verified, without further complaint, application or motion in writing.
(1949 Rev., S. 8209; P.A. 82-160, S. 174.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 52-481 re temporary injunction to abate nuisance created by a manufacturer.
Ex parte injunction without bond disapproved. 77 C. 402. Discretion of court in granting ex parte injunction; review. 80 C. 430. Cited. 153 C. 661. In divorce or separation action, husband cannot be punished for civil contempt unless final judgment itself awards damages for such civil contempt. 157 C. 470. Tenants of a building where sewage disposal system was causing water pollution were not adverse parties requiring notice. 180 C. 568. Cited. 181 C. 492; 186 C. 725.
Cited. 29 CA 105.
Cited. 26 CS 290.
Stipulation entered into between parties that breach of their agreement by defendant would result in issuance of injunction forthwith is sufficient grounds for ex parte issuance of injunction sought; no jury trial was required where defendant was charged with civil contempt. 5 Conn. Cir. Ct. 724. Cited. 6 Conn. Cir. Ct. 105.
Notes of Decisions
Nizzardo v. State Traffic Comm'n, 788 A.2d 1158 (Conn. 2002).
· cites it 9× “General Statutes § 52-473 (b) provides in relevant part that “[n]o temporary injunction may be granted without notice to the adverse party unless it clearly appears from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result .”
Koizim v. Koizim, 435 A.2d 1030 (Conn. 1980).
· cites it 3× “See General Statutes §52-473; Phoenix Ins. Co.”
Papa v. New Haven Fed'n of Teachers, 444 A.2d 196 (Conn. 1982).
· cites it 2× “According to the defendants, the automatic ex parte injunction violates their due process notice rights and, because such an injunction is available against only teachers and not other government employees, violates their equal protection rights as well.”
In re Jeffrey C., 779 A.2d 765 (Conn. App. Ct. 2001).
· cites it 2× “” General Statutes § 52-473 provides: “(a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why the injunction should…”
Gill v. Shimelman, 430 A.2d 1292 (Conn. 1980).
· cites it 3× “” 2 General Statutes § 52-473 provides in part: “[N]o temporary injunction shall be granted without notice to the adverse party .”
Gattoni v. Zaccaro, 727 A.2d 706 (Conn. App. Ct. 1999).
· cites it 2× “General Statutes § 52-473 (b). At the hearing, however, the trial court opined that it had to be a permanent injunction because the relief sought, conveyance of the land back to NSDA, could not be granted temporarily and then made permanent later.”
DiMauro v. Pavia, 492 F. Supp. 1051 (D. Conn. 1979).
· cites it 2× “See Conn.Gen. Stat. §§ 52-473, 52-475; 2 E. Stephenson, supra, § 268b, at 1109.”
Tkaczyk v. Gallagher, 222 A.2d 226 (Conn. Super. Ct. 1965).
· cites it 2× “This action is not in the form of an appeal from probate but seeks injunctive relief under General Statutes § 52-473. A temporary injunction was granted on February 21, 1964, by Thim, J.”
Nowell v. Nowell, 254 A.2d 889 (Conn. 1969).
“On the same day that the wife was served with notice of the Texas antisuit injunction, the Connecticut Superior Court, pursuant to § 52-473 of the General Statutes, issued an ex parte injunction restraining the husband from prosecuting his Texas divorce action pending the…”
Shanbrom v. Tupko, 260 A.2d 900 (Conn. App. Ct. 1969).
“Under § 52-473 of the General Statutes, “ [injunctions may be granted forthwith, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why such injunction should…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.