MBE Rules · Civil Procedure
Rule 65 — TROs & preliminary injunctions
FRCP 65
The rule
A preliminary injunction requires notice and a hearing; the movant must show (1) likelihood of success on the merits, (2) irreparable harm, (3) balance of equities favoring relief, and (4) public interest. A TRO may issue ex parte only on specific facts showing immediate irreparable harm and certification of efforts to notify; it lasts no more than 14 days, extendable once for good cause.
In plain English
TRO is the emergency stopgap; the preliminary injunction is the longer-term hold. Winter v. NRDC controls the four-factor test.
Memory hook
Winter's Four: Success, Irreparable, Balance, Public.
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