Application for TRO / Preliminary Injunction

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

County *

File No. (or "New Filing")

Division

Plaintiff *

Defendant *

Nature of Underlying Case *

Nature of Case — Description

03FOUR-PART TEST FOR INJUNCTIVE RELIEF

PART 1 OF 4 — LIKELIHOOD OF SUCCESS ON THE MERITS *

PART 2 OF 4 — IRREPARABLE HARM WITHOUT TRO *

PART 3 OF 4 — BALANCE OF HARDSHIPS *

PART 4 OF 4 — PUBLIC INTEREST

04CONDUCT TO BE ENJOINED

Specific Conduct to Be Enjoined * — Must be precise and narrow (Rule 65(d))

05NOTICE AND BOND

Type of Application

Reason Notice Was Not Given / Would Cause Irreparable Harm *

Bond Amount Proposed ($) *

Supporting Affidavit Attached

Service Date *

Served Upon

SELECTED COUNTY

— Select above —

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4-part test: (1) likely success on merits, (2) irreparable harm, (3) balance of hardships favors plaintiff, (4) public interest
TRO without notice (ex parte) requires showing notice would cause irreparable harm or is impractical
TRO lasts max 10 days; preliminary injunction requires a full hearing
Must post a security bond — amount set by court; propose an amount
Conduct to be enjoined must be specific and narrow — vague TROs are reversed on appeal
Attach an affidavit from a witness with personal knowledge of the facts

G.S. 1A-1, Rule 65TRO and injunctions

Rule 65(b)TRO without notice

Rule 65(c)Security / bond

Rule 65(d)Form of injunction — specificity

G.S. 75-3Unfair trade practices — injunction