Also known as: temporary restraining order · temporary restraining orders · TRO · TROs · temporary injunction
Written by attorneys · grounded in primary & secondary sources — see below
A short-term court order that preserves the status quo by restraining a party from specified conduct until a hearing on a preliminary injunction can occur. The order issues only upon a showing that the moving party will suffer irreparable injury before the opposing party can be heard. It terminates automatically after a brief period unless extended by consent or further court action.
Threshold Capital, a limited partnership, faces a derivative suit brought by one of its limited partners alleging mismanagement. The partnership moves for a temporary restraining order to prevent the partner from accessing confidential records while a special litigation committee completes its investigation. The court grants the order to maintain the existing information barriers until the committee reports.
State Farm deposits policy proceeds into court after multiple claimants assert rights to the same insurance fund. One claimant attempts to file a parallel state-court action against the insured. The federal court issues a temporary restraining order halting that filing so the interpleader can determine all rights to the single fund.
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Hawai`i Housing Authority begins condemnation proceedings against several landowners. The owners file a federal suit seeking to block the takings and simultaneously move for a temporary restraining order. The court issues the order to prevent transfer of title while it resolves whether the proposed condemnations satisfy constitutional requirements.
A state attorney general threatens to enforce a newly enacted statute against a utility company. The company sues the attorney general in federal court and requests a temporary restraining order. The court grants the order to maintain the regulatory status quo until the constitutionality of the statute can be litigated.
NASCO discovers that Chambers has destroyed documents relevant to an ongoing contract dispute. NASCO applies for a temporary restraining order to prevent further spoliation. The court issues the order to preserve the remaining evidence until a hearing on sanctions can be scheduled.
Normet serves an eviction notice on Lindsey for nonpayment of rent. Lindsey files a federal action challenging the state eviction procedures and seeks a temporary restraining order. The court grants the order to prevent removal from the premises until the constitutional challenge is heard.
A court may issue a TRO without notice only when the moving papers demonstrate that irreparable injury will result before the opposing party can respond. The order must state why notice was not given and must be narrowly tailored. It automatically expires after a short statutory period unless extended.
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A TRO lasts only long enough to allow a hearing on a preliminary injunction. It dissolves automatically upon expiration or upon entry of a preliminary injunction. The restrained party may move to dissolve the order earlier.
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The court may issue the order only upon a showing, by affidavit or other evidence, that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed.
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…had begun filing motions for summary judgment in the District Court — in September 1979. Whether issuance of the February temporary restraining order was a substantial federal court action or not, issuance of the June preliminary injunction certainly was. See Doran v. Salem Inn, Inc. , 422 U. S. 922, 929-931 (1975). A federal court…