TROs and Injunctions

Question 1

Mechanics of seeking a TRO: when and how

Answer 1

When: can precede complaint, can be a freestanding action (i.e. doesn’t have to be followed by a complaint)

Must include affidavit or verified complaint

Must plead specific facts.

Must articulate that the TRO standard is satisfied.

Service can be excused if it’s impractical or impossible (e.g. can’t serve b/c they will tear down my building if they do, hence the TRO).

Question 2

Standards for granting a TRO or preliminary injunction

Answer 2

(1) likelihood of success on the merits
(2) imminent (not speculative) and irreparable harm (money can’t fix it)
(3) public interest
(4) balance of interest/equities (whose interests are stronger)

Question 3

Content of a TRO order (what the Court has to do)

Answer 3

Specificity: must include

• -date & time,
• -description of injury and what makes it irreparable,
• -reason for the order,
• -specific description of terms (what the order forbids)

Question 4

Timing of TRO (how long does it last?)

Answer 4

TROs expire after 14 days, but they can be renewed once. After that, the TRO becomes a preliminary injunction.

The 14 days start as soon as you enter federal court.

Question 5

Motion to dissolve

Answer 5

This is D’s response to a TRO

Have to give 2 days’ notice to P (but court can shorten that requirement)

Question 6

Consolidation of preliminary injunction and merits

Answer 6

Court can consolidate a preliminary injunction hearing with a trial on the merits. However, the Court must preserve any party’s right to a jury.

Question 7

Mechanics of seeking a preliminary injunction: when and how

Answer 7

Must be in support of a complaint that’s going to be filed

Must give notice within 14 days.

Must pay bond if required by court.

FRE does not apply.

Judge must explicitly make findings of fact and law