Monday, December 11, 2017

LR 65.1: Motions for Temporary Restraining Orders and for Preliminary Injunctions

Requests for temporary restraining orders and for preliminary injunctions must be made by a separate motion and not by order to show cause. Motions for temporary restraining orders and preliminary injunctions and responses must comply with the briefing requirements of LR 7.1(b)-(d). A request under LR 7.1(a) to the opposing party for concurrence in the relief sought is not necessary for a temporary restraining order if Fed. R. Civ. P. 65(b)(1) permits an ex parte order. The court may set a different time schedule for motions and briefing and may grant an ex parte temporary restraining order under Fed. R. Civ. P. 65(b)(1).

COMMENT: Stylistic amendments to the Federal Rules of Civil Procedure took effect on December 1, 2007. Pursuant to those amendments, the references to Fed.R.Civ.P. 65(b) were changed to Fed.R.Civ.P. 65(b)(1). (6/2/08)

March 2, 1998