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Federal Civil Procedure > Preliminary Injunctive Relief > Flashcards

Flashcards in Preliminary Injunctive Relief Deck (10):
1

When can TRO be ex parte? (2)

Applicant files a paper under oath showing that if TRO is not issued he will suffer immediate and irreparable harm if she must wait until the other side is heard AND

Applicant's lawyer certifies in writing his efforts to give oral or written notice to D or D's lawyer

2

If a party gets an ex parte TRO, he will be required to do what?

Post bond

3

When must a TRO be served?

ASAP

4

If the court issues a TRO, D can move to ____ or ____ the TRO

Modify

Dissolve

5

How long is a TRO effective?

14 day, plus 14 more if good cause.

6

Can a preliminary injunction be granted ex parte?

No never

7

Burden on applicant for Prelim. Injunction? (4)

Likely to suffer irreparable harm if not granted

Likely to win on the merits in the case

Balance of hardship favors him

Injunction is in the public interest

8

Is there ever a right to an injunction?

No

9

If court grants PI, applicant must post what?

Bond

10

Is an order granting a PI immediately appealable?

Yes