To modify or dissolve an injunction, you file a motion in the court that issued the order and show that a significant change in facts or law has made continued enforcement inequitable under Federal Rule of Civil Procedure 60(b)(5).1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order The exact path depends on whether the order is a temporary restraining order, a preliminary injunction, or a permanent injunction, and the standard tightens when the injunction grew out of a consent decree.
What You Have to Prove
Rule 60(b)(5) lets a court relieve a party from an order when “applying it prospectively is no longer equitable.” That language is broad, but courts have read it to demand a real showing. The kinds of changes that typically qualify are new legislation that undercuts the legal basis for the order, a higher court decision that shifts the controlling law, or on-the-ground factual shifts dramatic enough that compliance has become oppressive.
The Supreme Court in Horne v. Flores held that once a party makes that showing, a court abuses its discretion if it refuses to modify the injunction.2Justia. Horne v. Flores, 557 U.S. 433 (2009) The other side of that rule matters just as much: inconvenience, buyer’s remorse, or disagreement with the original ruling will not do. A Rule 60(b)(5) motion is not a vehicle to relitigate legal conclusions the court has already reached. The change has to be external and substantial.
Judges also weigh what modification would do to the opposing party and the public. An injunction protecting public health carries more weight than one resolving a purely private commercial dispute. What the court looks for is a genuine disconnect between why the order was entered and what it is now accomplishing.
Consent Decrees Get a Stricter Test
If the injunction grew out of a settlement, you face an added requirement. In Rufo v. Inmates of Suffolk County Jail, the Supreme Court held that a party seeking to modify a consent decree must show both a significant change in facts or law and that the proposed modification is “suitably tailored to the changed circumstances.”3Justia. Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992) The Court identified three situations that justify modification: compliance has become substantially more burdensome because of changed facts, the decree has proven unworkable due to unforeseen obstacles, or continued enforcement without change would harm the public interest.
Horne v. Flores reinforced that courts should take a flexible approach to institutional reform decrees and return responsibility to the government once the underlying violation has been remedied. This comes up most often with decades-old orders in prison, school, and other long-running institutional cases.
How the Type of Injunction Changes the Path
A temporary restraining order is short by design. Under Rule 65, a TRO issued without advance notice expires no later than 14 days after entry, extendable once for another 14 days with good cause.4Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders If the party who obtained it does not go forward at the preliminary injunction hearing, the court dissolves the TRO automatically. You do not have to wait that out. Rule 65(b)(4) lets you move to dissolve or modify a TRO on just two days’ notice to the party who obtained it, and the court must hear and decide your motion “as promptly as justice requires.” That accelerated timeline reflects the constitutional concern with orders entered before the other side has been heard.
A preliminary injunction lasts through the litigation and is modified or dissolved by motion under the standard above. A permanent injunction is the hardest to undo because the court has already made a final determination after a full trial, but it is still subject to Rule 60(b)(5) when enforcement becomes inequitable.
Preparing and Filing the Motion
File the motion in the same court that issued the injunction. Reference the original case number and identify the specific provisions you want changed or eliminated. Vague requests to “reconsider” the order without pinpointing which terms are at issue rarely succeed.
Supporting evidence is where the motion lives or dies. Because the standard requires a significant change in circumstances, you need documentation proving it: affidavits from witnesses or experts, financial records showing hardship, and evidence of new legal developments. A motion to modify a preliminary injunction does not carry the verification-under-oath requirement that applies to seeking a TRO without notice, but unsupported factual claims will not survive the hearing.
Submit a proposed order showing exactly what you want the modified injunction to look like. Judges appreciate this because it forces you to think through the practical consequences of your request and simplifies matters if the court agrees. Serve the motion and supporting materials on the opposing party using a method that creates a verifiable record, such as certified mail or a professional process server, and file a certificate of service.
Filing fees vary. Many federal courts do not charge a separate fee for motions filed within an existing case; state courts often do. Check with the clerk’s office before filing.
The Evidentiary Hearing
Under the federal rules, written motions and hearing notices must be served at least 14 days before the hearing, and any opposing affidavit must be served at least 7 days before.5Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Local rules often adjust these deadlines, so check the court’s scheduling order.
At the hearing, you carry the burden of proof. You have to convince the judge that facts or law have changed enough to make the current order inequitable and that your proposed modification is appropriately tailored to those new circumstances. The judge weighs new evidence against the original reasons for the injunction. Expect the other side to argue that nothing has really changed or that your proposed change would strip away protections they still need. If you carry the burden, the judge signs your proposed order or issues a revised one; a ruling to dissolve removes the restraints entirely.
Keep Obeying the Order While Your Motion Is Pending
Filing a motion does not suspend the injunction. The order remains fully enforceable until the court says otherwise. Violating it while your motion is pending destroys your credibility with the judge and exposes you to contempt.
Federal courts have inherent power to punish contempt by fine or imprisonment for disobedience of any lawful order.6Office of the Law Revision Counsel. 18 USC 401 – Power of Court Civil contempt is coercive: sanctions are designed to force compliance and end the moment you obey. Criminal contempt is punitive and comes with full constitutional protections, including proof beyond a reasonable doubt and a jury trial for serious offenses carrying more than six months of imprisonment.7United States Department of Justice. Criminal Versus Civil Contempt Where the violation also constitutes an independent crime, federal law caps the fine at $1,000 and imprisonment at six months.8Office of the Law Revision Counsel. 18 USC 402 – Contempts Constituting Crimes Civil contempt has no statutory cap because the sanction is meant to coerce; a court can impose escalating daily fines until you comply.
The Bond and Recovering on It
When a preliminary injunction or TRO is issued, Rule 65(c) conditions the order on the movant posting security “in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” If the injunction is later dissolved and you were wrongfully restrained, that bond is your source of recovery, and your damages are capped at its face value. Courts retain discretion to deny recovery even if you prevail, particularly where the injunction was sought in good faith or the law was unsettled. If the order was only narrowed rather than dissolved, the party who obtained it may still be liable for damages caused by the original overbreadth.
To collect, you proceed under Rule 65.1, which allows enforcement against the surety by motion rather than a separate lawsuit.9Office of the Law Revision Counsel. Federal Rules of Civil Procedure Rule 65.1 – Proceedings Against a Surety The clerk serves the necessary papers on the surety.
Stays and the Right to an Immediate Appeal
An injunction is not automatically stayed when someone files an appeal. Under Rule 62(c), the order remains enforceable while the appeal is pending; to pause it, you have to ask the court for a stay under Rule 62(d), and the court has broad discretion to suspend, modify, or restore the injunction on terms that protect the opposing party, which often means posting a bond.10Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment Courts evaluate stay requests under a four-factor test: a strong showing of likely success on the merits, irreparable injury without the stay, substantial harm to the opposing party, and the public interest. When the government is the opposing party, the second and fourth factors merge.
One important advantage in injunction cases is the right to an immediate appeal. Under 28 U.S.C. ยง 1292(a)(1), the courts of appeals have jurisdiction over interlocutory orders granting, refusing, modifying, or dissolving injunctions.11Office of the Law Revision Counsel. 28 USC 1292 – Interlocutory Decisions If the trial court denies your motion to modify or dissolve, you can take that denial straight to the appellate court without waiting for final judgment. The same window is open to the opposing party if the court grants your modification. Missing it because you assumed the usual final-judgment rule applies can lock in an unfavorable order for the rest of the litigation.