Hearings; threatened unlawful acts; limitations; security
Sec. 6. (a) No court of the state of Indiana shall have jurisdiction
to issue a temporary or permanent injunction in any case involving
or growing out of a labor dispute, as herein defined, except after
hearing the testimony of witnesses in open court (with opportunity
for cross-examination) in support of the allegations of a complaint
made under oath, and testimony in opposition thereto, if offered, and
except after findings of fact by the court, to the effect:
(1) that unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat or
unlawful act excepting against the person or persons,
association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof;
(2) that substantial and irreparable injury to complainant's
property will follow;
(3) that as to each item of relief granted injury will be inflicted
upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief;
(4) that complainant has no adequate remedy at law; and
(5) that the public officer charged with the duty to protect
complainant's property is unable or unwilling to furnish
adequate protection.
(b) Such hearings shall be held after due and personal notice
thereof has been given, in such manner as the court shall direct, to all
known persons against whom relief is sought, and also to the chief
of those public officers of the county and city within which the
unlawful acts have been threatened or committed charged with the
duty to protect complainant's property. However, if a complainant
shall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant's property will be unavoidable, such a temporary
restraining order may be issued upon testimony under oath,
sufficient, if sustained, to justify the court in issuing a temporary
injunction upon a hearing after notice.
(c) Such a temporary restraining order shall be effective for no
longer than five (5) days and shall become void at the expiration of
said five (5) days.
(d) No temporary restraining order or temporary injunction shall
be issued except on conditions that complainant shall first file an
undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense,
or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable cost (together with a
reasonable attorney's fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the same
proceedings and subsequently denied by the court.
(e) The undertaking herein mentioned shall be understood to
signify an agreement entered into by the complainant and the surety
upon which the decree may be rendered in the same suit or
proceeding against said complainant and surety, upon a hearing to
assess damages of which hearing complainant and surety shall have
reasonable notice, the said complainant and surety submitting
themselves to the jurisdiction of the court for that purpose. But
nothing herein contained shall deprive any party having a claim or
cause of action under or upon such undertaking from electing to
pursue his ordinary remedy by suit at law or in equity.
(Formerly: Acts 1933, c.12, s.7.) As amended by P.L.5-1988,
SEC.115.
Last modified: May 27, 2006