§ 1.7.1 In General. Rule 65 of the Arizona Rules of Civil Procedure contains no procedure for modification of permanent injunctions. Unlike the Federal Rules, however, sections (b) and (c) do provide authority for the modification of preliminary injunctions. Power to modify injunctions is inherent in a court of equity. As stated by Justice Cardozo:
Power to modify the decree was reserved by its very terms, and so from the beginning went hand in hand with its restraints. If the reservation had been omitted, power there still would be by force of principles inherent in the jurisdiction of the chancery. A continuing decree of injunction directed to events to come is subject always to adaptation as events may shape the need.
United States v. Swift & Co., 286 U.S. 106, 114, 52 S. Ct. 460 (1932) .
Power to modify permanent injunctions also may be found in Rule 60(c)(5) of the Arizona Rules of Civil Procedure. That Rule provides for relief from a final judgment, where “it is no longer equitable that the judgment should have prospective...
