Also known as:pro tempore · pro-tem · temporary · for the time being
Written by attorneys · grounded in primary & secondary sources — see below
A Latin abbreviation for pro tempore meaning for the time being. It denotes a temporary appointment, order, status, or measure that lasts only until a permanent arrangement or the end of an emergency.
Sources & Authorities· 34 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Pro Tem Judge Applies Dwelling Rule
Paige Porter sits as pro tem judge in a burglary prosecution. The evidence shows the victims regularly slept in the structure even though they also ran a business there and were temporarily away on vacation. Porter holds that the structure remains a dwelling under the rule, so the nighttime entry supports a burglary conviction.
Court Issues TRO Pro Tem
Pulse Media moves ex parte for a temporary restraining order against a competitor. The pro tem judge issues the order without notice, includes the required findings of irreparable injury, states why notice was omitted, and sets an expiration date fourteen days later. The order is promptly entered on the docket.
Senate Blocks Pro Tem Appointment
The President attempts to fill a vacant agency post with a recess appointment while the Senate holds only pro forma sessions. The Senate has not formally declared a recess. A court later invalidates the appointment because the Recess Appointments Clause requires an actual recess of sufficient length.
Temporary Impracticability Suspends Duty
Pedro Pacheco contracts to supply materials but a sudden flood makes delivery impossible for three weeks. The pro tem arbitrator rules that the impracticability merely suspends Pacheco's duty during the flood and does not discharge the contract because performance after the flood would not be materially more burdensome.
Court Exercises Temporary Emergency Jurisdiction
A child present in the state is threatened with abuse by a parent. Priya Prasad, sitting pro tem, invokes temporary emergency jurisdiction under the uniform act, issues an immediate protective order, and schedules a prompt hearing to determine duration and next steps.
Temporary Custody Order Entered
Patrick Phan moves for temporary custody supported by affidavit. The pro tem judge conducts a hearing, applies the best-interests factors, and awards temporary custody to Phan pending final resolution of the dissolution proceeding.
Common questions
Frequently Asked
6
Does a temporary absence from a structure destroy its status as a dwelling for burglary purposes?+
No. A structure remains a dwelling if occupants use it regularly for sleeping even when they are temporarily absent, provided they intend to return. The rule treats the temporary absence as insufficient to change the character of the dwelling.
Supporting sources
What must a temporary restraining order issued without notice contain?+
The order must state the date and hour of issuance, describe the irreparable injury and why it is irreparable, explain why notice was not given, and be promptly filed and entered. It expires no later than fourteen days after entry unless extended for good cause or by consent.
When may the President make a recess appointment without Senate confirmation?+
The President may make a recess appointment only during a Senate recess of sufficient duration. Pro forma sessions without a formal declaration of recess mean the Senate is not in recess, so the President lacks authority to bypass the normal confirmation process.
Supporting sources
What is the effect of temporary impracticability on a contractual duty?+
Temporary impracticability suspends the duty to perform while the condition exists. The duty is not discharged unless performance after the condition ends would be materially more burdensome than originally contemplated.
Supporting sources
When does a court have temporary emergency jurisdiction over a child-custody matter?+
A court has temporary emergency jurisdiction when the child is present in the state and has been abandoned or faces an emergency threat of mistreatment or abuse to the child or a parent or sibling. The court must communicate promptly with any other court that has jurisdiction.
Supporting sources
How may a party obtain a temporary custody order?+
A party may move for a temporary custody order supported by affidavit. The court may award temporary custody after a hearing or, if there is no objection, solely on the affidavits, applying the best-interests standards.
Supporting sources
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