Home / Tools / Motion Explainer / Temporary Restraining Order
Equitable / injunctive relief · TRO

Temporary Restraining Order

Emergency order to prevent irreparable harm for up to 14 days while a preliminary-injunction hearing is scheduled. Can issue ex parte in narrow cases.

Governing rule
Fed. R. Civ. P. 65(b)
Read the rule

What it is

A short-term emergency order — usually 14 days or less in federal court — issued to prevent irreparable harm before a full preliminary-injunction hearing can be held. May be issued ex parte (without notice) only if the movant shows immediate harm and certifies efforts to give notice.

When it's used

Filed when harm will occur within hours or days — a planned firing, an imminent product launch infringing IP, an asset transfer that would frustrate later judgment. Almost always paired with a preliminary-injunction motion to be heard during the TRO period.

What the other side does

If given notice, files an emergency opposition. If TRO was issued ex parte, files an emergency motion to dissolve it and demands an expedited preliminary-injunction hearing.

Common outcomes

Granted (often with a bond requirement and a hearing date set within 14 days for the preliminary injunction), denied (no emergency basis), or granted in modified form. TROs are not directly appealable but can be challenged on motion to dissolve.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.