A TRO may issue for a limited period, fourteen days in federal practice with one extension for good cause. Issuance without notice requires specific certification of immediate irreparable injury and efforts to notify.
It is followed by a preliminary injunction hearing.
Alternative Names:
TRO, Restraining Order
Why it Matters?
The short duration reflects that a TRO issued without adversarial testing should not persist, and the fourteen-day limit is enforced. For a defendant served with one, the priority is the preliminary injunction hearing where a real record is developed rather than challenging the TRO itself. Ex parte issuance requires certification that courts examine, and inadequate certification is a ground for dissolution.
Frequently Confused with
Related terms
Frequently asked questions
How long does a TRO last?
What should a defendant prioritize?
