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

Summary

This template is a motion to dissolve or modify a temporary restraining order (TRO) or preliminary injunction in a civil action in Washington superior court. This template includes practical guidance and drafting notes. The court has the power to modify or dissolve an injunction if the "ends of justice" would be served by a modification or dissolution. Pacific Telephone and Telegraph Co. v. Henneford, 199 Wash. 462, 473, 92 P.2d 214 (1939). For discussion of grounds for dissolving a TRO or preliminary injunction, see Pretrial Injunctive Relief: Opposing a Temporary Restraining Order (TRO) or Preliminary Injunction (WA). Typically, the motion would be based on defects in the injunction itself (e.g., vagueness or ambiguity), procedural defects such as failure to require that the party obtaining the injunction provide security, or changed factual or legal circumstances such that the TRO or preliminary injunction is no longer needed or justified. This template follows the standard format for motions in Washington superior court. Be sure to check local rules in the court where the action is pending for any additional requirements regarding the format of motions generally or for motions to dissolve specifically. For discussion of general requirements for motions, see Motion Practice Fundamentals (WA). The motion should be served on the opposing party's attorney (or the opposing party, if unrepresented). See Wash. CR 5(a), (b). Before moving to modify or dissolve a TRO, the moving party must first give two days' advance notice to the party who obtained the TRO or such shorter notice as the court may prescribe. Wash. CR 65(b). A motion to dissolve or modify a preliminary injunction should be served at least five days before the hearing on the motion, unless a different time is ordered by the court. See Wash. CR 6(d). Consult local rules for any additional timing requirements related to the motion. The motion should be filed with the court before service or promptly thereafter. See Wash. CR 5(d)(1). For discussion of procedures for service and filing, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA).