Which sequence lists the five steps to obtain a TRO?

Which sequence lists the five steps to obtain a TRO?

• A. Make an Ex Parte Motion for Preliminary Injunction via OTSC; Demonstrating 'significant prejudice' if NO notice to OC; Ask for a TRO; Judge signs the OTSC including a TRO; Get an expedited return date
• B. Notify all parties; Immediately file for permanent injunction; Request a TRO; Court issues TRO; Schedule trial date
• C. File a complaint; Serve summons; File for TRO; TRO issued; Wait for merits hearing
• D. Determine damages; Obtain bond; Seek a TRO; TRO issued; Appeal

Answer: (C)

The main idea is that a TRO is part of an action, built from starting the suit through to a short-term order and then a full hearing. Start the process by filing the complaint to bring the dispute before the court. Once the action exists, you must serve the defendant with the summons so they’re on notice and the court has jurisdiction over them. After the case is started and the defendant is notified, you file a motion for a TRO, showing that without the TRO there would be irreparable harm and that there’s some likelihood the plaintiff will succeed on the merits. If the court grants the TRO, it issues the order to preserve the status quo while the merits are developed, and you then proceed to a merits hearing to determine whether a longer injunction or final relief is warranted. Other sequences jump to a permanent injunction too soon, or focus on damages or bonds before the TRO process, or try to secure relief without the basic steps of starting the case and giving notice, which does not fit the proper procedural flow.

The main idea is that a TRO is part of an action, built from starting the suit through to a short-term order and then a full hearing. Start the process by filing the complaint to bring the dispute before the court. Once the action exists, you must serve the defendant with the summons so they’re on notice and the court has jurisdiction over them. After the case is started and the defendant is notified, you file a motion for a TRO, showing that without the TRO there would be irreparable harm and that there’s some likelihood the plaintiff will succeed on the merits. If the court grants the TRO, it issues the order to preserve the status quo while the merits are developed, and you then proceed to a merits hearing to determine whether a longer injunction or final relief is warranted. Other sequences jump to a permanent injunction too soon, or focus on damages or bonds before the TRO process, or try to secure relief without the basic steps of starting the case and giving notice, which does not fit the proper procedural flow.