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Rule 680. Temporary Restraining Order


No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable in­jury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed ten days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period unless the party against whom the order is directed consents that it may be extended far a longer period. The reasons far the extension shall be entered of record. In case a temporary restraining order is granted without notice, the application far a temporary injunction shall be set dawn far hearing at the earliest possible date and takes precedence of all matters except older matters of the same character; and when the application comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a temporary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and de­termine such motion as expeditiously as the ends of justice require.

Source: Federal Rule 65 (b), with minor textual change, superseding Art. 4654.

Oct. 29, 1940, eff. Sept. 1, 1941.


Dec. 5, 1983, eff. April 1, 1984

July 15, 1987, eff. Jan. 1, 1988