Application for Temporary Restraining Order

 United States District Court
 Eastern District of New York

After Commencement of Action

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

An application for a TRO is usually brought as an ex parte motion. For more information, See Eastern District of New York SmartRules procedural guide: EX PARTE MOTION.

Consult Judges' Procedures

Each Eastern District Judge has specific procedures governing motion practice in his or her courtroo more...

May Issue Without Notice

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

(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparab more...

(B) the movants attorney certifies in writing any efforts made to give notice and the reasons why it 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 (2) days' more...

Must Seek Preliminary Injunction

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

Motion

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

Form of Motion Papers

Every written motion must (1) be plainly written, typed, printed, or copied without erasures or inte more...

Memorandum of Law Required

more...

Except as otherwise permitted by the court, all motions and all oppositions thereto shall be support more...

Copies of Decisions to Pro Se Litigants

In cases involving a pro se litigant, counsel shall, when serving a memorandum of law (or other subm more...

Page Limits on Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of New York Local Rules provid more...

Specification of Statutes or Rules

For any motion based upon rules or statutes, the notice of motion must specify the rules or statutes more...

Motions Involving Discovery or Disclosure Requests

In any motion or application involving discovery or disclosure requests or responses under Rule 37, more...

Set Forth Grounds

The motion or application must set forth the grounds on which the moving party is entitled to prevai more...

Signature

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

Local Rule Re Additional Information Required

All pleadings, motions, oppositions, and other documents must be signed by the attorney or party su more...

Additional Requirements

Eastern District of New York SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

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

Eastern District of New York SmartRules procedural guide: DECLARATIONS. more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, resp 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: more...

(1) identifies any parent corporation and any publicly held corporation owning 10% or more of its st more...

(2) states that there is no such corporation. . more...

Local Rule Re Disclosure Statement--File Supplemental Statement Within 14 Days

For purposes of Fed. R. Civ. P. 7.1.(b)(2), promptly shall mean within days, that is, parties are r more...

Proposed Order

Eastern District of New York SmartRules procedural guide:PROPOSED ORDER. more...

Consult Standing Orders

Many Eastern District Judges' Standing Orders contain directives regarding the filing and service of more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions withou 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 or 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)( 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 or 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)( more...

Other Requirements

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

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