Loc. R. Civ. P. 65 — Temporary Restraining Orders and Preliminary Injunctions
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 65 — Temporary Restraining Orders and Preliminary Injunctions: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Preliminary Injunction. A preliminary injunction will only issue after notice and hearing, unless there is a waiver. An application for a preliminary injunction shall include: (1) a copy of the complaint, if the case has been recently filed; (2) the motion for a preliminary injunction; (3) a memorandum of law in support of the motion citing legal authority showing that the moving party is entitled to the relief requested; (4) a list of witnesses and exhibits to be presented at the preliminary injunction hearing, and a brief summary of the anticipated testimony of such witnesses; and (5) a proposed order granting the injunctive relief. Additionally, if the moving party seeks to have the motion heard on an expedited basis, such party shall include a motion for an expedited hearing pursuant to Loc. R. Civ. P. 7(d)(1). (b) Temporary Restraining Orders (TRO). An Order to Show Cause is not specifically authorized under the Federal Rules of Civil Procedure. Such relief is available upon motion for a TRO, pursuant to Fed. R. Civ. P. 65, and a motion for an expedited hearing, pursuant to Loc. R. Civ. P. 7(d)(1). There are two types of TROs: an ex parte TRO and a TRO issued upon notice to the adverse party. An ex parte TRO is available only in extraordinary circumstances. In most cases, the Court will require both notice to the adverse party and an opportunity to be heard before granting a TRO. (1) Ex Parte TRO. A party seeking an ex parte TRO must comply with the requirements of Fed. R. Civ. P. 65(b)(1) and (2). An application for an ex parte TRO also shall include: (A) a copy of the complaint, if the case has been recently filed; (B) the motion for a TRO; (C) a memorandum of law in support of the TRO, citing legal authority showing that the party is entitled to the relief requested; and (D) a proposed order granting the TRO, in accordance with Fed. R. Civ. P. 65(b)(2) and (d)(1). Immediately after filing the TRO application, counsel for the moving party shall personally deliver courtesy copies of the foregoing documents to chambers and await further instructions from the Court. In the event that the moving party is represented by out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall contact chambers by telephone to request a waiver of this requirement. Because an application for a TRO rarely will be granted ex parte, a party moving under this subsection should be prepared to proceed pursuant to subsection (2) below, in the event that the Court finds that an ex parte proceeding is unwarranted. (2) TRO on Notice. An application for a TRO on notice shall include: (A) all the documents required by subsection (1)(A), (B), (C), and (D) above; and (B) a motion for an expedited hearing pursuant to Loc. R. Civ. P. 7(d)(1). Immediately after filing the TRO application, counsel for the moving party shall personally deliver courtesy copies of the foregoing documents to chambers and await further instructions from the Court. In the event that the moving party is represented by out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall contact chambers by telephone to request a waiver of this requirement. (c) Security. The parties shall be prepared to address the security requirements of Fed. R. Civ. P. 65(c) whenever applying for injunctive relief.
Source of truth
(a) Preliminary Injunction. A preliminary injunction will only issue after notice and hearing, unless there is a waiver. An application for a preliminary injunction shall include: (1) a copy of the complaint, if the case has been recently filed; (2) the motion for a preliminary
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 15, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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