APPLICATIONS FOR EMERGENCY RELIEF

(a) Any party may apply for an order requiring an adverse party to show cause why a preliminary injunction should not issue, upon the filing of a verified complaint or verified counterclaim or by affidavit or other document complying with 28 U.S.C. § 1746 during the pendency of the action. No order to show cause to bring on a matter for hearing will be granted except on a clear and specific showing by affidavit, other document complying with 28 U.S.C. § 1746 or verified pleading of good and sufficient reasons why a procedure other than by notice of motion is necessary. An order to show cause which is issued at the beginning of the action may not, however, serve as a substitute for a summons which shall issue in accordance with Fed. R. Civ. P. 4. The order to show cause may include temporary restraints only under the conditions set forth in Fed. R. Civ. P. 65(b).

(b) Applications for orders to show cause, and for consent and ex parte orders, shall be filed with the Clerk, who shall promptly deliver each application to the District Judge to whom the case has been assigned. (c) The order shall provide for service upon the opposing party of the order together with all supporting papers, as specified by the Court. (d) All applications for provisional remedies or a writ of habeas corpus or any other emergency relief may be made at any time to the District Judge to whom the case has been assigned. Amended: June 19, 2013; April 23, 2024.

Civ. RULE 65.1.1 SECURITY AND SURETIES (a) Deposit in Lieu of Surety In lieu of surety in any case there may be deposited with the Clerk lawful United States currency, certificates of deposit issued by a bank licensed to do business in the United States, negotiable bonds approved by the Court or notes of the United States. If certificates of deposit, negotiable bonds or notes are deposited, the depositor shall execute the agreement required by 31 U.S.C. §9303, authorizing the Clerk to collect or sell the bonds or notes in the event of default. In the case of certificates of deposit, the depositor shall notify the banking institution that the depositor's rights in the certificate of deposit have been assigned to the Clerk, United States District Court, and the banking institution shall acknowledge such notification to the Clerk. Unless ordered otherwise, the Clerk automatically shall reinvest the certificate of deposit at the maturity date at the then prevailing rate of interest.

(b) Attorney Shall Not Provide Surety No attorney shall tender his or her own funds or otherwise personally serve as surety for costs in any suit pending in the Court, except by special leave of the Court. Amended: June 19, 2013. 60