Motion for Dissolution or Modification of Temporary Restraining Order (TRO) or Preliminary Injunction
(MI)

Summary

This template is a motion by defendant to dissolve, or in the alternative modify, a temporary restraining order (TRO) or preliminary injunction that was previously granted by the court on plaintiff's motion in a Michigan civil action. This template includes practical guidance and drafting notes. After the court has granted preliminary injunctive relief, the party enjoined may potentially move to dissolve or modify the TRO or preliminary injunction. Potential grounds for dissolving or modifying a TRO or preliminary injunction include: • The injunction is vague, overbroad, or ambiguous. See MCR 3.310(C)(2), (3). • The applicable law supporting the grant of injunctive relief has changed. • The pertinent factual circumstances supporting issuance of the injunction have changed. See Mich. AFSCME Council 25 v. Woodhaven-Brownstown Sch. Dist., 293 Mich. App. 143, 146 n.2, 809 N.W.2d 444 (2011) (per curiam). • The injunctive relief would not have issued had the court been presented all the facts. If the court has granted an ex parte TRO, the court may in some instances set a hearing on a motion to dissolve the TRO at the time it issues the TRO, even if you have not filed a motion. See MCR 3.310(B)(5). The court may also order that the hearing on a motion to dissolve an ex parte TRO be consolidated with the hearing on a motion for issuance of a preliminary injunction or an order to show cause why a preliminary injunction should not be issued. MCR 3.310(B)(5). If the court, however, has not set a hearing, you should prepare, file, and serve a written motion for dissolution or modification of the TRO and request a hearing date. Likewise, if the court previously issued a preliminary injunction after a hearing, you should prepare, file, and serve a written motion for dissolution or modification of the preliminary injunction. Your motion should comply with the format rules for motions generally, including any applicable local rules. For discussion of general procedures for making and opposing motions, see Motion Practice Fundamentals (MI). See also Formatting Rules in Court Checklist (MI). Thus, the motion should be accompanied by one or more affidavits and brief in support of the motion, and a notice of hearing. See MCR 2.119(A)(2), (3), (B). The brief and supporting affidavit should provide legal and factual argument supporting specific reasons why the original TRO or injunction is no longer necessary to protect plaintiff from harm or should be modified, such as a material change in facts. In addition to the statewide rules, some individual courts have specific local rules governing motion practice, including the format and contents of motions. Counsel should consult these rules and modify this template as appropriate. If the court ordered that the hearing on a motion to dissolve an ex parte TRO be consolidated with the hearing on a motion for issuance of a preliminary injunction or an order to show cause why a preliminary injunction should not be issued, the hearing takes precedence over all matters except older matters of the same character. In that case, the motion may be heard on 24 hours' notice and, for good cause shown, the court may order the motion heard on even shorter notice. See MCR 3.310(B)(5). In that case, your motion for dissolution of the TRO should be combined with your response/opposition to the plaintiff's motion for issuance of a preliminary injunction and should be filed and served as soon as possible after you receive notice of the hearing date. If you are moving to dissolve a preliminary injunction after it has been issued, the time line for serving and filing the motion is the same as for other motions, unless the court orders otherwise. Thus, the motion should be served: • Nine days before the date set for the hearing on the motion, if served by first class mail –or– • Seven days before the date set for the hearing on the motion, if served by delivery under MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a) (e-service) MCR 2.119(C)(1). Unless the court sets a different time, the motion must be filed at least seven days before the hearing on the motion. MCR 2.119(C)(4). For discussion of service and filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). For additional discussion of procedures for opposing preliminary injunctive relief, including motions to dissolve or modify a TRO or preliminary injunction, see Pretrial Injunctive Relief: Opposing a Temporary Restraining Order (TRO) or Preliminary Injunction (MI).