Del. Ch. Ct. R. 65 (2026)

Rule 65. Injunctions and Restraining Orders (a) Preliminary Injunction. (1) Request. A party seeking a preliminary injunction must make the request by motion supported by affidavit or verified pleading. (2) Notice. The Court may issue a preliminary injunction only on notice to the adverse party. (3) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the Court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. (b) Temporary Restraining Order. (1) Issuing Without Notice. The Court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant files a certification identifying any efforts made to give notice and the reasons why it should not be required. (2) Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be filed promptly. The order expires at the time after entry—not to exceed 10 days—that the Court sets, unless before that time the Court extends it for cause for up to an additional 30 days or the restrained party consents to a longer extension. (3) Expediting the Preliminary Injunction Hearing. If the restraining order was issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time. At the hearing, the party who obtained the order must proceed with the

motion; if the party does not, the Court must dissolve the order. (4) Motion to Dissolve. On two days’ notice to the party who obtained the restraining order without notice—or on shorter notice set by the Court—the adverse party may appear and move to dissolve or modify the order. The Court must then hear and decide the motion as promptly as justice requires. (c) Security. The Court may issue a preliminary injunction or a temporary restraining order only if the movant gives security that the Court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. (d) Contents and Scope of Every Injunction and Restraining Order. (1) Contents. Every order granting an injunction and every restraining order must: (A) state the reasons why it issued or reference a ruling providing the reasons; (B) state its terms specifically; and (C) describe in reasonable detail—and not by referring to the pleading or other document, unless such document is filed with the injunction or restraining order—the act or acts restrained or required. (2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise: (A) the parties; (B) the parties’ officers, agents, servants, employees, and attorneys; and (C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). History. Amended March 31, 1999, effective June 1, 1999; May 18, 2026, effective June 1, 2026.