Injunctions - Temporary Restraining Orders

INJUNCTIONS/TEMPORARY RESTRAINING ORDERS

Overview:

Preliminary Injunction:  The court may issue a preliminary injunction only on notice to the adverse party.

Temporary Restraining Order:  The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if specific facts in an affidavit or a verified complaint clearly show that immediate irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition; and the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.

Preliminary Injunctions and Temporary Restraining Orders are usually filed requiring emergency hearings.  Permanent Injunctions are usually orders entered after a hearing or trial.

Codes, Rules and Forms:

US Code:

29

Bankruptcy Rule:

 65

Local Rule:

9075-1

Local Form:

None

 

CM/ECF Event(s):

            Motions/Applications/Contested Matters, Injunction (Permanent or Preliminary)

            Motions/Applications/Contested Matters, Temporary Restraining Order