When is notice to an adverse party not required for a temporary restraining order?

• A. The moving party shows immediate and irreparable injury that would result before the adverse party can be heard, and describes efforts to give adverse party notice.
• B. The moving party files the motion within 24 hours of filing.
• C. The court may enter an ex parte TRO without giving notice in all cases.
• D. Notice is never required for TROs.

Answer: (A)

In emergency situations, a temporary restraining order can be issued without notice when there would be immediate and irreparable harm if the adverse party were informed beforehand, and the movant has shown efforts to give notice. This ex parte relief is allowed precisely to prevent harm that could occur before a hearing can take place. The movant must describe the efforts to notify the other side and explain why notice should not be required. This preserves the status quo while a full hearing is scheduled.

So, the best answer reflects that exception: if immediate and irreparable injury would occur before the adverse party can be heard, and the movant has described efforts to give notice, the court may grant the TRO without prior notice. The other options don’t fit because they either point to a nonbinding or incorrect rule (like a fixed 24-hour filing requirement), overstate the availability of ex parte relief (not available in all cases), or falsely claim that notice is never required for TROs.