Motion for a Temporary Restraining Order (TRO)

When the motion for a temporary restraining order is used

Timing: in an emergency, often at the start of a case. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 65(b)(1) sets the strict conditions for a TRO without notice, including specific facts in an affidavit or verified complaint and the movant's attorney's certification of efforts to give notice.
• A TRO issued without notice expires at the time after entry — not to exceed 14 days — that the court sets, unless extended for good cause (Rule 65(b)(2)).
• The court may issue a TRO only if the movant gives security in an amount the court considers proper (Rule 65(c)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 65(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a temporary restraining order in state court

This page covers the federal version. In state court, the motion for a temporary restraining order may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Temporary restraining order: a short-term emergency order to prevent immediate and irreparable harm before a hearing can be held.
• Irreparable harm: harm that cannot be adequately remedied by money damages after the fact.
• Bond: security posted with the court, such as for an injunction or to stay enforcement of a judgment.
• Verified complaint: a complaint whose allegations are sworn to or declared true under penalty of perjury.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a Preliminary Injunction: a request for an order that preserves the situation while the case is decided.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.