Emergency relief, sometimes without the other side present.
Esshaki Legal Media TeamCurrent as of July 2026
A temporary restraining order preserves the status quo until a preliminary
injunction motion can be heard. It is the fastest relief available and the most
demanding procedurally.
Ex parte issuance requires specific facts in an affidavit or verified
complaint showing immediate and irreparable injury will result before the
opposing party can be heard, and certification by counsel of the efforts made to
give notice and the reasons notice should not be required.
Duration. Limited by rule — commonly fourteen days — extendable once for
good cause or with consent. It expires by its terms.
Content. The order must state the reasons for issuance, the terms
specifically, and describe in reasonable detail the acts restrained, without
reference to the complaint.
Security. A bond is generally required.
The showing. Likelihood of success on the merits, irreparable harm, the
balance of harms, and the public interest. Irreparable harm is where most
commercial applications fail, because money damages are usually adequate.
Practical preparation. The application, affidavits, exhibits, a proposed
order, a memorandum, and a bond ready to post — assembled before approaching the
court. Judges hearing emergency applications are assessing preparation as much
as merit.