Ex Parte Motion for Temporary Injunction
(FL)

Summary

This motion may be used to seek temporary injunctive relief ex parte in Florida state courts. A court can issue a temporary injunction at the outset of litigation to preserve the status quo while the parties litigate over whether the court should maintain, extend or modify a preliminary injunction. This template includes practical guidance and drafting notes. The court can issue temporary restraints ex parte—without notice to the opposing party—as long as the supporting affidavit or verified complaint contains facts showing that the moving party will suffer irreparable injury, loss, or damage before the opposing party can appear in opposition. But the movant will need to certify what efforts, if any, have been made to give notice to the party(ies) being enjoined and the reasons why notice should not be required prior to the entry of the restraining order. Fla. R. Civ. P. 1.610(a). All Florida temporary restraints require the posting of an injunction bond, with the exception of domestic violence or physical abuse cases. It is generally impossible to determine pre-hearing the amount of bond you will need in support of the application. Usually it is a better practice to have a bond template prepared with a bonding company on stand-by that can issue a bond immediately after a hearing or an order from the court. As soon as the court issues temporary injunctive relief, you should serve it on the opposing party's attorney (or the opposing party, if unrepresented). The restraints are binding only on the parties and their officers, agents, servants, employees, attorneys, and persons in active concert with them who receive actual notice of the order. Fla. R. Civ. P. 1.610(c). Since time is of the essence when seeking temporary restraints, consider personally filing the motion and supporting documents at the clerk's office. That way you can immediately address any issues the clerk may raise with the filing and minimize the chances that the filing will fail. The clerk may also be able to immediately schedule the hearing on the motion. For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL). For more on temporary restraints, see Pretrial Injunctive Relief: Seeking a Temporary Injunction (FL). For a related checklist, see Motion Practice: Making and Opposing a Motion Checklist (FL).