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 Application for Temporary Restraining Order

 United States District Court
 District of Massachusetts

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

After Commencement of Action

An application for a temporary restraining order ("TRO") can be made at any time after an action is more...   

An application for a TRO is usually brought as an ex parte motion. For more information, District of Massachusetts SmartRules procedural guide: more...

 Rules And Requirements

May Issue Without Notice

The court may issue a temporary restraining order without written or oral notice to the adverse party or more...

Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or more...

The movant s attorney certifies in writing any efforts made to give notice and the reasons why it should more...

.

Opposition To TRO Obtained Without Notice

If a TRO is obtained without notice, the party against whom the TRO was issued may, on two more...

Must Seek Preliminary Injunction

If the order is issued without notice, the motion for a preliminary injunction must be set for hearing more...

Miscellaneous Business Docket Judge

A miscellaneous business docket ("MBD") judge will be designated to hear and determine emergency matters requiring immediate action more...

Contact Clerk

For information regarding procedures, contact the clerk's office using the contact information at the following link: . more...

File in Paper Format

An motion must be filed only on paper, and may not be filed through the ECF system. more...

 Motion Papers

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

Memorandum of Law Required

A party filing a motion must, at the same time, file a memorandum of reasons, including a citation more...

Length of Memoranda

Unless otherwise ordered by the court, memoranda in support of or in opposition to a motion must not more...

Request Ex Parte Consideration on Motion's Face

The moving party should indicate on the face of its motion that it is requesting consideration. . more...

Request for Special Action

When a pleading or paper filed with the court includes a request for special process or relief, or more...

Request for Hearing

A moving or opposing party who believes that oral argument may assist the court and wishes to be more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Signature on Electronic Documents

The user log-in and password required to submit documents to the ECF system serve as the ECF user's more...

Multiple Signatures

If a document requires more than one signatory, it must contain each signatory's name with a "/s/" block more...

Additional Requirements

District of Massachusetts SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

District of Massachusetts SmartRules procedural guide: DECLARATIONS. more...

Affidavits and Other Evidence

Affidavits and other documents setting forth or evidencing facts on which the motion is based must be filed more...

Attachments to Filings and Exhibits

Unless otherwise ordered by the court, attachments must be filed in accordance with the ECF User Manual, which more...

The filing user may submit only relevant excerpts of referenced documents, and that excerpted material must be cleary more...

 Additional Documents

Registration for ECF System

As of January 1, 2006, electronic filing is mandatory in the District and every attorney or party must register as a filing user of ECF. more...

A registration form for the District is available online at the following link: . more...

Notice of Appearance

Except for the attorney filing the complaint (which filing itself constitutes an appearance), attorneys must file a notice more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes. . more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

Proposed Order

District of Massachusetts SmartRules procedural guide: PROPOSED ORDER. more...

 FILING AND SERVICE

Filing

File in Paper Format

An motion must be filed only on paper, and may not be filed through the ECF system. more...

Method of Filing

For updated information regarding electronic and traditional filing requirements, District of Massachusetts SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Do Not Serve Until Motion Ruled On

An motion and related papers need not be served until the motion has been ruled upon or the court more...

 HEARING AND DISPOSITION

Hearing

If the court determines that there should be a hearing on a motion, the motion will be set more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions without oral more...

Motion Decided as Soon as Practicable

The court must rule on motions as soon as practicable, bearing in mind the reporting requirements of the more...

Findings of Fact and Conclusions of Law

Contents

Every order granting an injunction and every restraining order must: more...

(A) state the reasons why it issued; more...

(B) state its terms specifically; and more...

(C) describe in reasonable detail and not by referring to the complaint or other document the act more...

Persons Bound

The order binds only the following who receive actual notice of it by personal service or otherwise: more...

(A) the parties; more...

(B) the parties officers, agents, servants, employees, and attorneys; and more...

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). more...

 

Order Re TRO

Contents

Every order granting an injunction and every restraining order must: more...

(A) state the reasons why it issued; more...

(B) state its terms specifically; and more...

(C) describe in reasonable detail and not by referring to the complaint or other document the act more...

Persons Bound

The order binds only the following who receive actual notice of it by personal service or otherwise: more...

(A) the parties; more...

(B) the parties officers, agents, servants, employees, and attorneys; and more...

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). more...

Other Requirements

Every temporary restraining order issued without notice must state the date and hour it was issued; describe the more...

Effective Date

The court will set the date on which the injunction will become effective. more...

TRO -- Contents and Expiration

Every temporary restraining order issued without notice must state the date and hour it was issued; describe the more...

Copyright SmartRules 2003-2013 exclusive of the text of Government codes

 

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