Terms Used In Louisiana Code of Civil Procedure 3606

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

A.  When a temporary restraining order is granted, the application for a preliminary injunction shall be assigned for hearing at the earliest possible time, subject to Article 3602, and shall take precedence over all matters except older matters of the same character.  The party who obtains a temporary restraining order shall proceed with the application for a preliminary injunction when it comes on for hearing.  Upon his failure to do so, the court shall dissolve the temporary restraining order.

B.  In the event that the hearing on the issuance of a preliminary injunction is continued by the court because of a declared state of emergency made in accordance with La. Rev. Stat. 29:724, any temporary restraining order issued in the matter shall remain in force for five days after the conclusion of the state of emergency.  When a temporary restraining order remains in force under this Paragraph, the court shall reassign the application for a preliminary injunction for hearing at the earliest possible time, but no later than five days after the conclusion of the state of emergency.  The reassignment of the application shall take precedence over all matters except older matters of the same character.

Acts 2014, No. 618, §1.

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