Lesson 48: Temporary Restraining Orders (TROs)

Temporary Restraining Orders (TROs) are a crucial aspect of Injunctions and Restraining Orders in civil procedure. TROs are a type of provisional remedy designed to provide immediate relief to prevent irreparable harm before a more comprehensive court hearing can be held.

What is a Temporary Restraining Order?

A Temporary Restraining Order (TRO) is a short-term court order issued to prohibit an individual or entity from taking specific actions that could cause harm. TROs are typically issued without notice to the opposing party and are intended to last only until a hearing for a preliminary injunction can be conducted.

Requirements for Obtaining a TRO

To obtain a TRO, the requesting party must demonstrate:

  • Immediate and irreparable harm: The party must show that they will suffer immediate and irreparable harm if the TRO is not issued.
  • Likelihood of success on the merits: There is a reasonable probability that the requesting party will ultimately prevail in the case.
  • Balance of equities: The harm to the requesting party if the TRO is denied must outweigh any potential harm to the opposing party if the TRO is granted.
  • Public interest: Issuing the TRO must not be adverse to the public interest.

Procedure for Obtaining a TRO

The procedure for obtaining a TRO generally involves filing a motion with the court, accompanied by a sworn affidavit or declaration detailing the facts that support the request. The motion must clearly articulate the reasons for the TRO and the specific actions that the moving party seeks to restrain.

Duration and Extension of TROs

TROs are short-lived, typically lasting no more than 10 to 14 days. However, the court may extend a TRO if the moving party demonstrates continuing necessity, or if the opposing party agrees to an extension. A hearing for a preliminary injunction is usually scheduled before the TRO expires.

Temporary Restraining Orders in the Context of Civil Procedure

TROs are part of the broader category of provisional remedies designed to maintain the status quo and prevent harm while a case is pending. For more on provisional remedies, you can read Class Actions and Preliminary Injunctions.

For further reading on civil procedure, check out this comprehensive guide on Amazon.
graph TD A["Plaintiff Files TRO Motion"] --> B["Court Reviews Motion"] B --> C{"Grant or Deny?"} C --> D["TRO Granted"] C --> E["TRO Denied"] D --> F["TRO in Effect for 10-14 Days"] F --> G["Preliminary Injunction Hearing"]

Best Practices for Attorneys

When seeking a TRO, attorneys should meticulously document evidence of irreparable harm and be prepared to argue convincingly on all required elements. Likewise, opposing attorneys should be ready to challenge the necessity and appropriateness of the TRO.

Conclusion

TROs are an essential tool in civil procedure to prevent immediate harm and preserve the status quo until a more comprehensive hearing can be conducted. Understanding the requirements and procedures for obtaining a TRO is critical for both plaintiffs and defendants in civil litigation.

Next »