In seeking a preliminary injunction or temporary restraining order (TRO), which procedural requirement is required?

In seeking a preliminary injunction or temporary restraining order (TRO), which procedural requirement is required?

• A. Motion on notice required
• B. Ex parte motion allowed
• C. Bond not required
• D. Affidavit alone is sufficient

Answer: (A)

Notice and an opportunity to be heard are required when seeking injunctive relief. In practice, you file a motion on notice, serve the motion and supporting papers on the other side, and then the court holds a hearing before deciding the request. This approach protects due process and ensures the court can weigh irreparable harm against the likelihood of success with input from both parties. There is a narrow exception for emergencies: an ex parte TRO can be issued without notice, but only for a short period and typically with security, followed by timely notice and a hearing to determine whether a longer injunction should be entered on notice. So the standard requirement is a motion on notice, with ex parte relief available only in limited urgent situations. Bond is usually considered, and affidavits alone do not suffice for a full injunction.

Notice and an opportunity to be heard are required when seeking injunctive relief. In practice, you file a motion on notice, serve the motion and supporting papers on the other side, and then the court holds a hearing before deciding the request. This approach protects due process and ensures the court can weigh irreparable harm against the likelihood of success with input from both parties.

There is a narrow exception for emergencies: an ex parte TRO can be issued without notice, but only for a short period and typically with security, followed by timely notice and a hearing to determine whether a longer injunction should be entered on notice. So the standard requirement is a motion on notice, with ex parte relief available only in limited urgent situations. Bond is usually considered, and affidavits alone do not suffice for a full injunction.