Local Rule 7065-1: Temporary Restraining Orders

LOCAL RULE 7065-1 Temporary Restraining Orders

(a) Notice to Affected Parties. Any party seeking a temporary restraining order in the absence of actual notice to the affected parties and/or counsel shall comply with the requirements of Fed. R. Civ. P. 65(b). Appropriate notice would inform the affected parties and/or counsel of the intention to seek a temporary restraining order, the date and time for hearing to be requested of the Court, whether the judge will permit a counsel to appear by telephone, and the nature of the relief requested. Once a specific time and location has been set by the Court, additional notice of the time and location of the hearing shall be given.

(b) Documents to Be Filed. No hearing on a temporary restraining order will normally be set unless the following documents are filed with the Clerk and, unless impossible under the circumstances, served on the affected parties and/or their counsel:

1) An adversary complaint;

2) A motion for temporary restraining order;

3) A brief on all relevant legal issues presented by the motion;

4) A declaration in support of the existence of an irreparable injury;

5) A declaration detailing the notice or efforts to effect notice to the affected parties and/or counsel or showing good cause why notice should not be given; and 6) A proof of service.

(c) Contents and Service of Proposed Order. The party seeking the order shall deliver to the Court and, unless impossible under the circumstances, serve the affected parties and/or counsel with a proposed temporary restraining order with, if applicable under Fed. R. Bankr. P. 7065, a provision for a bond. In all circumstances in which a temporary restraining order is requested ex parte, the proposed order shall further notify the affected parties and/or counsel that they may apply to the Court for modification or dissolution on two (2) days' notice by personal service or such other notice as the Court may allow.

(d) Modification or Dissolution. When a preliminary injunction or temporary restraining order has been issued, the affected parties may apply to the Court for modification or dissolution of the injunction or order. Such motion shall normally be accompanied by a brief on all relevant legal issues to be presented in support and declarations supporting modification or dissolution and detailing the notice or efforts to notify the other parties and/or counsel.