#30 · 2026-09-05 · Legal term
Temporary restraining order
A temporary restraining order can provide immediate relief. Under Rule 65(b), issuing it without notice requires specified factual support and an attorney’s written certification concerning notice. Such an order normally expires within fourteen days unless extended as the rule allows.
Rule to remember
A temporary restraining order is short-term injunctive relief that can preserve the situation until a hearing; federal orders issued without notice require Rule 65(b)'s safeguards.
Key elements and checks
- Specific facts in an affidavit or verified complaint show immediate, irreparable injury before an opposition hearing.
- The attorney certifies notice efforts and reasons for dispensing with notice.
- Without-notice orders ordinarily expire within fourteen days unless properly extended.
In the source’s words
“immediate and irreparable injury, loss, or damage”
Federal Rule of Civil Procedure 65(b)(1)(A)
A TRO and a preliminary injunction are distinct procedures; preliminary injunctions require notice.