Federal TRO and Preliminary Injunction Checklist

Federal TRO and Preliminary Injunction Checklist

Court: United States District Court for the [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Type of Relief Sought:
☐ Temporary Restraining Order (TRO)
☐ Preliminary Injunction
☐ Both TRO and Preliminary Injunction

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Threshold Considerations

Type of Relief Analysis

Temporary Restraining Order (TRO):
☐ Emergency relief needed before adversary can be heard
☐ Immediate and irreparable harm will occur
☐ Duration: Up to 14 days (extendable for good cause)
☐ May be issued ex parte in limited circumstances

Preliminary Injunction:
☐ Relief needed to preserve status quo pending trial
☐ Requires notice to adverse party
☐ Full hearing with opportunity to oppose
☐ Lasts until final judgment or further order

II. Four-Factor Test for Injunctive Relief

Factor 1: Likelihood of Success on the Merits

☐ Strong likelihood of success demonstrated
☐ Or substantial question going to merits (some circuits)
☐ Legal claims identified: [________________________________]
☐ Key evidence supporting success:
☐ [________________________________]
☐ [________________________________]
☐ Anticipated defenses addressed

Factor 2: Irreparable Harm

☐ Harm is irreparable (cannot be remedied by damages)
☐ Harm is imminent (not speculative or remote)
☐ Types of irreparable harm alleged:
☐ Constitutional rights violation
☐ Loss of goodwill/business reputation
☐ Environmental damage
☐ Dissemination of confidential information
☐ Loss of unique property
☐ Continuing statutory violation
☐ Other: [________________________________]

☐ Monetary damages inadequate because: [________________________________]

Factor 3: Balance of Hardships

☐ Harm to movant outweighs harm to opposing party
☐ Movant's harm if injunction denied: [________________________________]
☐ Opposing party's harm if injunction granted: [________________________________]
☐ Balance favors movant

Factor 4: Public Interest

☐ Injunction serves public interest
☐ Public interest considerations:
☐ [________________________________]
☐ [________________________________]
☐ No significant harm to third parties or public

III. Ex Parte TRO Requirements (FRCP 65(b))

When Ex Parte TRO May Issue

☐ Only if BOTH requirements met:
☐ (A) Specific facts show immediate and irreparable injury before adverse party can be heard
☐ (B) Movant's attorney certifies in writing efforts to give notice and reasons notice should not be required

Attorney Certification

☐ Written certification included in motion
☐ Describes efforts to give notice:
☐ [________________________________]
☐ States reasons why notice should not be required:
☐ [________________________________]

TRO Order Requirements (FRCP 65(b)(2))

☐ States date and hour issued
☐ Describes injury
☐ States why injury is irreparable
☐ States why TRO issued without notice
☐ Sets expiration (max 14 days from entry)
☐ Promptly filed with clerk

IV. Required Documents

Motion for TRO/Preliminary Injunction

☐ Caption with case number
☐ Title identifying relief sought
☐ Statement of grounds for relief
☐ Specific injunctive relief requested
☐ Request for hearing date (preliminary injunction)
☐ Attorney certification for ex parte TRO (if applicable)
☐ Signature block

Memorandum of Law

☐ Statement of Facts
☐ Legal Standard (four-factor test)
☐ Argument addressing each factor:
☐ Likelihood of success on merits
☐ Irreparable harm
☐ Balance of hardships
☐ Public interest
☐ Conclusion with specific relief requested

Declarations/Affidavits

☐ Declaration(s) of party/parties
☐ Declaration(s) of witnesses
☐ Expert declaration(s) (if applicable)
☐ Each declaration:
☐ Based on personal knowledge
☐ Sets out facts admissible in evidence
☐ Shows affiant competent to testify

Exhibits

☐ All relevant documentary evidence
☐ Contracts, agreements at issue
☐ Communications
☐ Photographs
☐ Expert reports
☐ Prior court orders

Proposed Order

☐ Proposed TRO/Preliminary Injunction Order
☐ Specific conduct enjoined
☐ Persons bound identified
☐ Duration specified
☐ Bond amount (if proposed)

V. Security Bond Requirement (FRCP 65(c))

Bond Requirement

☐ "The court may issue a preliminary injunction or a TRO only if the movant gives security in an amount that the court considers proper"
☐ Bond covers costs and damages to wrongfully enjoined party

Bond Considerations

☐ Proposed bond amount: $[________________]
☐ Basis for proposed amount
☐ Opposing party's potential damages estimated
☐ Request for waiver of bond (rare circumstances):
☐ Public interest litigation
☐ Constitutional rights
☐ Government entity as movant

VI. Content Requirements for Injunction Orders (FRCP 65(d))

Required Contents

☐ States reasons why issued
☐ States terms specifically
☐ Describes in reasonable detail:
☐ Act(s) restrained, OR
☐ Act(s) required
☐ Does NOT incorporate by reference to complaint or other document

Persons Bound (FRCP 65(d)(2))

☐ Parties who receive actual notice
☐ Parties' officers, agents, servants, employees, attorneys
☐ Persons in active concert or participation with those above

VII. Filing and Service

Filing

☐ File motion via CM/ECF
☐ Mark as emergency/TRO filing if applicable
☐ Contact clerk's office to expedite if emergency
☐ Request emergency hearing date

Service

☐ Preliminary injunction: Full notice to adverse party required
☐ Ex parte TRO: Serve immediately after TRO issued
☐ Service method complies with FRCP 5

Expedited Hearing

☐ Contact clerk for expedited hearing
☐ Contact chambers (if permitted by local rules)
☐ File motion to expedite if needed

VIII. TRO Extension and Preliminary Injunction Hearing

TRO Duration and Extension (FRCP 65(b)(2))

☐ TRO expires in maximum 14 days
☐ Extension for additional 14 days permitted:
☐ For good cause, OR
☐ With adverse party consent
☐ Preliminary injunction hearing must be scheduled promptly

Scheduling Preliminary Injunction Hearing

☐ Hearing date: [__/__/____]
☐ Takes precedence over other matters
☐ Evidence rules apply
☐ Testimony may be presented
☐ Court must make findings of fact (FRCP 52(a))

IX. Opposing Party's Rights

Motion to Dissolve or Modify TRO (FRCP 65(b)(4))

☐ Available on 2 days' notice (or shorter if court sets)
☐ Court must hear and decide promptly
☐ Prepare for opposition hearing

Preliminary Injunction Opposition

☐ Opposition brief deadline: [__/__/____]
☐ Counter-declarations/evidence
☐ Cross-examination of movant's witnesses

X. Appeals

Immediate Appeal Available

☐ Orders granting/refusing/dissolving injunctions appealable under 28 U.S.C. § 1292(a)(1)
☐ Appeal deadline: 30 days from order
☐ Interlocutory appeal, not final judgment

Motion to Stay Pending Appeal

☐ May be sought in district court
☐ May be sought in court of appeals

XI. Checklist by Relief Type

TRO with Notice Checklist

☐ Motion for TRO
☐ Memorandum of Law
☐ Supporting declarations
☐ Exhibits
☐ Proposed TRO order
☐ Proposed bond amount
☐ Certificate of service

Ex Parte TRO Checklist

☐ Motion for TRO
☐ Attorney certification (efforts to notify, reasons ex parte)
☐ Memorandum of Law
☐ Supporting declarations (verified complaint may suffice)
☐ Exhibits
☐ Proposed TRO order
☐ Proposed bond amount

Preliminary Injunction Checklist

☐ Motion for Preliminary Injunction
☐ Memorandum of Law
☐ Supporting declarations
☐ Exhibits
☐ Proposed order
☐ Proposed bond amount
☐ Certificate of service
☐ Request for hearing

XII. Quality Control

Before Filing

☐ All four factors analyzed and supported
☐ Irreparable harm clearly demonstrated
☐ Specific relief requested is enforceable
☐ Proposed order complies with FRCP 65(d)
☐ Bond amount reasonably calculated
☐ All declarations properly executed
☐ Exhibits organized and authenticated

After Filing

☐ Confirm receipt and expedited processing
☐ Confirm hearing date
☐ Prepare for evidentiary hearing
☐ Serve opposing party promptly

XIII. Document Tracking Log

XIV. Key Deadlines

Sources and References

• FRCP Rule 65: https://www.law.cornell.edu/rules/frcp/rule_65
• Federal Courts on Preliminary Injunctions: https://www.fjc.gov
• Circuit-specific injunction standards (review applicable circuit precedent)

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]