Ex Parte Motion for Temporary Restraining Order
(TRO) (MI)

Summary

This template is an ex parte motion by plaintiff for a temporary restraining order (TRO) against a defendant in a civil action in Michigan circuit court. The motion also requests an order to show cause why a preliminary injunction should not be issued for the pendency of the action. This template includes practical guidance, drafting notes, and an alternate paragraph. A TRO is an injunction of short duration that may be granted ex parte, that is, without written or oral notice to the adverse party, provided certain requirements are satisfied as described below. See MCR 3.310(B) & 1985 Staff Comment. Consider applying for an ex parte TRO if it appears that irreparable harm may be caused to your client by the opposing party's activities before notice can be afforded and a hearing held on a request for a preliminary injunction. A TRO may be granted ex parte only if immediate and irreparable injury, loss, or damage will result to the applicant from either of the following: • The delay required to effect notice –or– • The risk that notice will itself precipitate adverse action before a TRO can be issued MCR 3.310(B)(1)(a); The motion and accompanying brief must be supported by one or more affidavits setting forth specific facts supporting one or both of the above grounds (or alternatively the facts may be set forth in a verified complaint). See MCR 2.119(B), 3.310(B)(1)(a). In addition, the motion must be accompanied by your certification to the court of the efforts, if any, that have been made to give the adverse party notice and the reasons supporting any claim that notice should not be required. MCR 3.310(B)(1)(b). The motion should also comply with the general format and content requirements for motions and other documents filed in court. For discussion, see Motion Practice Fundamentals (MI). See also Formatting Rules in Court Checklist (MI). Thus, in addition to the affidavits mentioned above, the motion should be accompanied by a supporting brief addressing any legal issues raised by the motion. See MCR 2.119(A)(2). The motion should be filed with the court in accordance with the procedures for filing in the court where the action is pending. For general discussion of filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). Be sure to check with the clerk for any special filing or scheduling procedures that may apply to ex parte motions. An ex parte motion for a TRO is, of course, not served on the opposing party. See MCR 2.119(C)(1). Unless the court sets a different time, the motion must be filed at least seven days before the hearing. MCR 2.119(C)(4). However, since an ex parte request for a TRO is generally based on an immediate risk of irreparable harm, you should consider requesting that the court hear the motion at an earlier time after the motion is filed, if appropriate under the circumstances. For additional discussion of TROs, see Pretrial Injunctive Relief: Seeking and Enforcing a Temporary Restraining Order (TRO) or Preliminary Injunction (MI).