Ex Parte Application for Temporary Injunction and Order to Show Cause
(CT)

Summary

This template is an application for ex parte issuance of a temporary injunction for use in a civil action in Connecticut superior court. This template includes practical guidance, drafting notes, and alternate clauses. This template is for use when seeking issuance of a temporary injunction without advance notice to the party to be restrained (i.e., ex parte). In that case, you must present facts showing that irreparable harm will result to the moving party before the matter can be heard on notice. See Conn. Gen. Stat. § 52-473(b). You must also certify to the court that you have notified the opposing party of the application or attempted to provide such notification or present facts establishing good cause for not notifying the opposing party. See Conn. Practice Book § 4-5(a). This template includes such a certification. If you are not seeking ex parte issuance of the temporary injunction, this template may be adapted for use as a noticed motion by removing language related to immediate and ex parte issuance of the injunction and omitting the certification regarding notice. Like all pretrial motions, an application for a temporary injunction must be made in writing. See Conn. Practice Book § 11-1(a). The motion should conform to the general format rules governing other documents filed in court. See Conn. Practice Book § 4-1; Formatting Rules in Court Checklist (CT). Your motion must present legal and factual argument showing that: • Your client will suffer irreparable harm unless the requested injunction is issued • Your client has no adequate remedy at law for that harm • Your client will likely prevail on the merits –and– • The balance of equities tips in your client's favor (i.e., the harm to your client from denying the injunction outweighs the harm to the opposing party if the injunction is granted) See Aqleh v. Cadlerock Joint Venture II, L.P., 299 Conn. 84, 97, 10 A.3d 498 (2010); Waterbury Teachers Assn. v. Freedom of Information Commission, 230 Conn. 441, 446, 645 A.2d 978 (1994). Your application must also indicate if a motion or application for the same order or injunction has been previously made to the court or to any judge. See Conn. Practice Book § 11-9. Generally, you may set forth your legal and factual argument in the motion itself; a motion for a preliminary injunction is not among the motions for which a supporting memorandum of law is required. See Conn. Practice Book § 11-10(a). Nevertheless, consider submitting a separate supporting memorandum with your motion if your argument is lengthy or complex. If you do submit a memorandum, you may briefly state the grounds for the motion in the motion itself and refer to the memorandum for more detail. Ensure that your memorandum, if submitted, complies with the format requirements for memoranda (e.g., page limits, font size). See Conn. Practice Book § 4-6(a). For a template illustrating the general structure and format of a supporting memorandum or brief, see Memorandum of Law (CT). The facts supporting your argument for granting the injunction must be verified by the plaintiff or another competent witness. See Conn. Gen. Stat. § 52-471(b). This may be accomplished by setting forth those facts in a complaint verified by the plaintiff or in supporting affidavits by the plaintiff or other competent witnesses. See Conn. Gen. Stat. § 52-473(b). The facts stated in the complaint or affidavits should be incorporated by reference into the motion document. After completing the application, you must file it with the court. See Conn. Practice Book § 4-3. Ordinarily, attorneys and law firms must electronically file (e-file) most types of civil motions through the state's electronic filing (e-filing) system (Connecticut Judicial Branch E-Services), unless they obtain an exemption. (Self-represented parties may e-file their motions, but are not required to do so.) See Conn. Practice Book § 4-4; E-Services Procedures and Technical Standards, § III(B). For discussion of e-filing procedures, see E-filing in State Court (CT). However, if you are applying ex parte for a temporary injunction, the application cannot be e-filed and must be filed with the court in paper format. See E-Services Procedures and Technical Standards, § III(B)(5)(i). For more detailed information on seeking pretrial injunctive relief, see Pretrial Injunctive Relief: Seeking and Enforcing a Temporary Injunction (CT).