§ 6314. Vacating or modifying preliminary injunction or temporary restraining order.
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§ 6314. Vacating or modifying preliminary injunction or temporary
restraining order. A defendant enjoined by a preliminary injunction may
move at any time, on notice to the plaintiff, to vacate or modify it. On
motion, without notice, made by a defendant enjoined by a temporary
restraining order, the judge who granted it, or in his absence or
disability, another judge, may vacate or modify the order. An order
granted without notice and vacating or modifying a temporary restraining
order shall be effective when, together with the papers upon which it is
based, it is filed with the clerk and served upon the plaintiff. As a
condition to granting an order vacating or modifying a preliminary
injunction or a temporary restraining order, a court may require the
defendant, except where the defendant is a public body or officer, to
give an undertaking, in an amount to be fixed by the court, that the
defendant shall pay to the plaintiff any loss sustained by reason of the
vacating or modifying order.