District court — civil · Motions
Motion for TRO / Preliminary Injunction (Rule 65)
Seeks emergency or interim injunctive relief.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Motion and memorandum addressing likelihood of success, irreparable harm, balance of equities and public interest
- Affidavit or verified complaint showing immediate and irreparable injury, and attorney certification of efforts to give notice, for a TRO without notice (FRCP 65(b)(1))
- Proposed order specifying the terms and acts restrained (FRCP 65(d))
- Proposed security amount (FRCP 65(c))
- Signature of attorney of record with address, email and phone (FRCP 11(a))
- Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
Deadline and length
Deadline: A TRO issued without notice expires after no more than 14 days unless extended (FRCP 65(b)(2)).
Governing rules
- FRCP 65
- FRCP 7(b)
Check the local rules for
- Emergency-motion procedures and contact with chambers
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other motions
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