34-19-4 - Injunctive relief -- Reasons for prohibiting. - Utah Statutes

34-19-4. Injunctive relief -- Reasons for prohibiting.
Equity procedure that permits a complaining party to obtain sweeping injunctive relief thatis not preceded by or conditioned upon notice to and hearing of the responding party or parties, orthat issues after hearing based upon written affidavits alone and not wholly or in part uponexamination, confrontation and cross-examination of witnesses in open court, is peculiarly subjectto abuse in labor litigation for the reasons that:
(1) The status quo cannot be maintained but is necessarily altered by the injunction;
(2) Determination of issues of veracity and/or probability of fact from affidavits of theopposing parties that are contradictory and, under the circumstances, untrustworthy rather thanfrom oral examination in open court is subject to grave error;
(3) Error in issuing the injunctive relief is usually irreparable to the opposing party; and
(4) Delay incident to the normal course of appellate practice frequently makes ultimatecorrection of error in law or in fact unavailing in the particular case.

Enacted by Chapter 85, 1969 General Session