Also known as: FRCP 65 · Fed. R. Civ. P. 65 · Rule 65
Written by attorneys · grounded in primary & secondary sources — see below
A federal procedural rule that governs the issuance of temporary restraining orders and preliminary injunctions in civil actions. The rule imposes requirements for notice to the adverse party, the duration of orders issued without notice, the posting of security by the movant, and the identification of persons bound by the resulting orders.
Select any source to read its text and confirm it supports the definition.
Frontier Capital obtained a preliminary injunction against its former employee barring disclosure of trade secrets. When the employee shared the information with Fisher Foods, a competitor that knew of the injunction and coordinated the disclosure to gain a market advantage, the court held Fisher Foods bound by the order as a person in active concert with the named party.
Forrest Falconer filed suit against his business partner and immediately sought a temporary restraining order to prevent asset transfers. After providing notice to opposing counsel as required by local rules, the court considered the verified complaint and granted the order only after confirming that the procedural prerequisites for ex parte relief had not been met.
Francesca Fiore obtained a temporary restraining order against a photographer who had repeatedly approached her in public. The court tailored the order to prohibit specific harassing conduct near her residence and workplace, rejecting broader geographic restrictions after finding that narrower limits adequately protected her while allowing the photographer to pursue his profession.
Foster Forge acquired a manufacturing plant from a company subject to an existing injunction requiring reinstatement of laid-off workers. The court enforced the injunction against Foster Forge because it had acquired the business with knowledge of the order and continued the same operations, placing the new owner in active concert with the original enjoined party.
A court may issue a temporary restraining order without notice only when the verified complaint or affidavit shows specific facts establishing that immediate and irreparable injury will occur before the adverse party can be heard and the movant's attorney certifies efforts to provide notice or the reasons notice should not be required.
Supporting sources
…well founded, cannot be substituted for compliance with Sec. 144. Galella claims that notice given him of consolidation under Rule 65(a)(2) of preliminary injunction proceedings and the trial was inadequate in that he was not advised of the consolidation sufficiently in advance of trial to properly prepare. The claim…
…order (TRO) to prevent the alienation or encumbrance of the properties at issue. NASCO provided this notice in accordance with Federal Rule of Civil Procedure 65
…that a bona fide successor reinstate with backpay an employee illegally discharged by its predecessor. We disagree.[^maj-4] Rule 65
Yes. Rule 65(c) requires the movant to provide security in an amount the court deems proper to cover costs and damages if the order later proves wrongful, with the sole categorical exception for the United States and its officers or agencies.
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A temporary restraining order issued without notice expires no later than fourteen days after entry unless the court extends it for good cause or the adverse party consents to a longer period, and the court must set a preliminary-injunction hearing at the earliest possible time.
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No. Rule 52(a)(2) mandates findings and conclusions only for interlocutory injunctions, which courts interpret to mean preliminary injunctions under Rule 65(a). Temporary restraining orders governed by Rule 65(b) fall within the general exemption from findings requirements.
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No. Rule 65(a)(1) expressly requires notice to the adverse party before a preliminary injunction may issue, and the rule contains no exception even when the movant demonstrates urgency or potential mootness.
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