2007 Minnesota Statutes

185.13 LIMITED JURISDICTION OF COURT IN CERTAIN CASES.
No court of the state shall have jurisdiction to issue a temporary or permanent injunction
in any case involving or growing out of a labor dispute, 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 greater 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 officers charged with the duty to protect complainant's property have
failed to furnish adequate protection.
Such hearing 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 officials of the county and city within which the unlawful acts
have been threatened or committed, charged with the duty to protect complainant's property. If
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. Such a temporary
restraining order shall be effective until hearing and decision on the petition for a temporary
injunction unless theretofore revoked by the court, which hearing shall be held within ten days
after issuance of a temporary restraining order unless defendants ask for additional time. Any
temporary restraining order so issued shall become void at the expiration of this period of ten
days unless renewed. No temporary restraining order or temporary injunction shall be issued
except on condition 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 costs, 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 proceeding and
subsequently denied by the court.
The undertaking herein mentioned shall be understood to signify an agreement entered
into by the complainant and the surety upon which a decree may be rendered in the same
suit or proceeding against the complainant and surety, upon a hearing to assess damages, of
which hearing complainant and surety shall have reasonable notice, the complainant and surety
submitting themselves to the jurisdiction of the court for that purpose. Nothing herein contained
shall deprive any party having a claim or cause of action under or upon such undertaking from
electing to pursue a remedy by suit at law or in equity.
History: (4260-7) 1933 c 416 s 7; 1986 c 444