Preliminary Injunctive Relief

Question 1

When can TRO be ex parte? (2)

Answer 1

Applicant files a paper under oath showing that if TRO is not issued he will suffer immediate and irreparable harm if she must wait until the other side is heard AND

Applicant’s lawyer certifies in writing his efforts to give oral or written notice to D or D’s lawyer

Question 2

If a party gets an ex parte TRO, he will be required to do what?

Answer 2

Post bond

Question 3

When must a TRO be served?

Answer 3

ASAP

Question 4

If the court issues a TRO, D can move to ____ or ____ the TRO

Answer 4

Modify

Dissolve

Question 5

How long is a TRO effective?

Answer 5

14 day, plus 14 more if good cause.

Question 6

Can a preliminary injunction be granted ex parte?

Answer 6

No never

Question 7

Burden on applicant for Prelim. Injunction? (4)

Answer 7

Likely to suffer irreparable harm if not granted

Likely to win on the merits in the case

Balance of hardship favors him

Injunction is in the public interest

Question 8

Is there ever a right to an injunction?

Answer 8

No

Question 9

If court grants PI, applicant must post what?

Answer 9

Bond

Question 10

Is an order granting a PI immediately appealable?

Answer 10

Yes