EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

(South Carolina Court of Common Pleas – Template)

[// GUIDANCE: Prepared pursuant to Rule 65, SCRCP and South Carolina statutory authority (e.g., S.C. Code Ann. §§ 15-53-10 et seq., 39-8-90). Confirm compliance with local circuit administrative orders and e-filing rules (S.C. Supreme Court Administrative Order 2015-08-27-01).]

TABLE OF CONTENTS

1. Caption ..................................................................................................................... 1
2. Ex Parte Application and Notice ............................................................................. 2
3. Memorandum of Law .............................................................................................. 4
   3.1 Introduction ................................................................................................ 4
   3.2 Procedural Background ............................................................................ 4
   3.3 Legal Standard (Rule 65, SCRCP) ............................................................. 5
   3.4 Argument ................................................................................................... 6
   3.4.1 Immediate and Irreparable Harm ................................................. 6
   3.4.2 Likelihood of Success on the Merits ............................................ 7
   3.4.3 Balance of Equities and Public Interest ...................................... 8
   3.5 Requested Relief and Security ................................................................. 9
4. Attorney Certification Regarding Notice ............................................................. 10
5. [Proposed] Order .................................................................................................. 12
6. Certificate of Service (Rule 5, SCRCP) ............................................................... 14

(Page numbers to be finalized in word processor)

1. CAPTION

text
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
FOR THE [JUDICIAL CIRCUIT] CIRCUIT

[PLAINTIFF NAME], ) C.A. No. [Case Number]
Plaintiff, )
v. ) EMERGENCY EX PARTE APPLICATION
) FOR TEMPORARY RESTRAINING ORDER
[DEFENDANT NAME], )
Defendant. )

2. EX PARTE APPLICATION AND NOTICE

TO: [Opposing Counsel/Party]

PLEASE TAKE NOTICE that [Moving Party] hereby applies ex parte to the Honorable [Judge Name] for a Temporary Restraining Order pursuant to Rule 65(b), SCRCP, to be heard on [Hearing Date] at [Time] (or at the earliest time the Court may hear the matter) at [Courthouse Address].

This application is based on immediate and irreparable harm that will occur before the matter can be heard on regular notice. Specifically, [Describe imminent harm, such as misappropriation of trade secrets, breach of restrictive covenants, disposal of collateral, interference with property rights]. Adequate remedy at law does not exist, and delay will undermine the Court’s ability to maintain the status quo.

Notice was [provided / excused]. On [Date] at [Time], [Counsel Name] contacted [Opposing Counsel/Party] via [method], as described in the accompanying Attorney Certification. [// GUIDANCE: If notice is excused, detail specific reasons such as risk of immediate harm, risk of disclosure, or inability to reach opposing party despite diligent efforts.]

The application relies on the Verified [Complaint/Petition], supporting affidavits of [Names], the accompanying Memorandum of Law, the Attorney Certification Regarding Notice, and the [Proposed] Order submitted simultaneously.

DATED: [MM/DD/YYYY]

text
Respectfully submitted,

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME], S.C. Bar No. [Number]
Attorneys for [Moving Party]

3. MEMORANDUM OF LAW

3.1 Introduction

[// GUIDANCE: Concisely frame the emergency, the relief sought, and the legal grounds supporting ex parte issuance.]

3.2 Procedural Background

1. Filing History: [Date complaint/petition filed]
2. Service of Process: [Status of service or waiver]
3. Prior Orders: [Existing injunctions, consent orders, arbitration awards]
4. Timeline of Events Creating Urgency: [Provide detailed chronology]

3.3 Legal Standard (Rule 65, SCRCP)

Rule 65(b) authorizes a temporary restraining order without notice when specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard, and the applicant’s attorney certifies the efforts made to give notice. South Carolina courts evaluate whether (1) the plaintiff has a likelihood of success on the merits, (2) irreparable harm will occur absent relief, and (3) the balance of equities favors the movant. See Scratch Golf Co. v. Dunes West Residential Golf Props., Inc., 361 S.C. 117, 603 S.E.2d 905 (2004); County of Richland v. Simpkins, 348 S.C. 664, 560 S.E.2d 902 (Ct. App. 2002).

3.4 Argument

3.4.1 Immediate and Irreparable Harm

[// GUIDANCE: Provide specific facts demonstrating the imminent injury. Explain why money damages are inadequate and why emergency relief is necessary to preserve the status quo.]

3.4.2 Likelihood of Success on the Merits

[// GUIDANCE: Address the elements of the underlying claim (e.g., restrictive covenant enforcement, conversion, statutory claims). Cite authoritative South Carolina precedent and statutes supporting the claim.]

3.4.3 Balance of Equities and Public Interest

[// GUIDANCE: Explain why the equities favor the movant, address potential hardships to the respondent, and discuss public interest factors (e.g., enforcement of valid contracts, consumer protection, health and safety).]

3.5 Requested Relief and Security

[// GUIDANCE: Detail the specific injunctive provisions requested, propose the scheduling of a Rule to Show Cause hearing for a preliminary injunction, and address security/bond requirements under Rule 65(c).]

4. ATTORNEY CERTIFICATION REGARDING NOTICE

I, [Counsel Name], counsel for [Moving Party], certify as follows:

1. On [Date] at [Time], I notified [Opposing Counsel/Party] of the intent to seek an ex parte TRO by [method].
2. The response received was [Summarize response/no response].
3. If notice was not given, I made the following diligent efforts: [Describe efforts]. Notice should be excused because [Explain exigent circumstances consistent with Rule 65(b)].
4. I informed [Opposing Counsel/Party] that the application would be presented to the Court on [Hearing Date] at [Time] in [Courtroom].

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [MM/DD/YYYY] at [City, State].

text

[COUNSEL NAME], S.C. Bar No. [Number]

5. [PROPOSED] ORDER

text
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
FOR THE [JUDICIAL CIRCUIT] CIRCUIT

[CAPTION SAME AS ABOVE]

[PROPOSED] TEMPORARY RESTRAINING ORDER AND RULE TO SHOW CAUSE

This matter came before the Court on the Ex Parte Application of [Moving Party]. After reviewing the Application, supporting affidavits, and considering counsel’s arguments, the Court FINDS that immediate and irreparable injury will result absent relief. Accordingly, it is ORDERED:

1. The Ex Parte Application is GRANTED.
2. [Set forth detailed injunctive provisions.]
3. Respondent shall appear on [Date] at [Time], in Courtroom [Number], to show cause why a preliminary injunction should not issue.
4. [Service] Moving Party shall serve this Order, the Application, and supporting papers by [method] on or before [Date], and file proof of service.
5. [Security] Moving Party shall post security in the amount of $[Amount] pursuant to Rule 65(c) by [Date].
6. This Order shall remain in effect until [Expiration Date/Time] or further Order of the Court.

IT IS SO ORDERED.

DATED: _____ _____
Circuit Court Judge [JUDGE NAME]

6. CERTIFICATE OF SERVICE (Rule 5, SCRCP)

text
CERTIFICATE OF SERVICE

I certify that on [Date], I served the foregoing EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER on the following counsel/parties:

[Service List: Name, Firm, Address, Email]

☐ South Carolina Judicial Branch e-filing system
☐ E-Mail (consent obtained under Rule 5(b)(1))
☐ U.S. Mail, First-Class Postage Prepaid
☐ Overnight Delivery
☐ Personal Service by [Process Server]

I declare under penalty of perjury that the foregoing is true and correct.

Date: [Date]

[NAME OF DECLARANT]

[// GUIDANCE: Attach supporting affidavits, exhibits, and any local circuit cover sheets (e.g., Richland County Emergency Motion Cover Sheet) required for emergency filings.]