When in the judgment of the corresponding court, in a lawsuit supported by a sworn statement filed by the owner of a trade secret, specific facts are alleged which clearly establish that the defendant misappropriated such trade secret, that the disclosure or use thereof by the defendant shall cause damages to the plaintiff, and that it is highly likely that the plaintiff shall prevail, the court shall issue a provisional ex parte order to require the defendant to immediately stop, cease or desist, under warning of contempt, from the use and disclosure of the trade secret which prompted such lawsuit, until a hearing is held within ten (10) days following the date the provisional order is issued.
The provisional order shall provide for a hearing to be held within ten (10) days following the date such order is issued, in order for the defendant to show grounds for which a preliminary injunction should not be issued so as to allow for the elucidation of the rights of the parties involved. The order thus issued shall be rendered ineffective, inefficient, and invalid and shall not be enforceable after such ten (10)-day term has transpired. Such term may only be extended if the court finds that extraordinary circumstances exist before the expiration of the term for the previous order.
History —June 3, 2011, No. 80, § 7.