TRO Flashcards

1
Q

ex parte TRO

A

a TRO may be issued WITHOUT NOTICE to the nonmovant (ie, ex parte).

only if:

the movant files an affidavit or verified complaint containing specific facts showing that he/she will suffer immediate and irreparable harm before the nonmovant can be heard and

the movant’s attorney certifies in writing any efforts made to give notice and the reasons why notice should not be required (Choice A).*

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2
Q

TRO

A

A temporary restraining order (TRO) is a court order that commands a party to do or stop doing a specified action for 14 days or until a preliminary-injunction hearing can take place—whichever occurs first.

This preserves the parties’ status quo until the court can fully consider the issue at a hearing. Unlike a preliminary injunction, a TRO may be issued without notice to the nonmovant (ie, ex parte).

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