Civil Procedure Multistate Bar Practice Exam

What is the maximum duration of a Temporary Restraining Order without good cause?

1. 7 days

2. 14 days

3. 21 days

4. 28 days

The correct answer is: 14 days

A Temporary Restraining Order (TRO) is typically issued to maintain the status quo and prevent irreparable harm until a hearing can be held on a preliminary injunction. Under the Federal Rules of Civil Procedure, specifically Rule 65(b), a TRO may last for a maximum of 14 days without a showing of good cause. This period can be extended only if good cause is shown. In practice, this means that if a party wishes to have the order in effect longer than 14 days, they would need to demonstrate a justification for the extension. Therefore, understanding the context of TROs highlights the necessity for prompt action and a limited duration when the court does not have evidence of good cause, ensuring that such orders do not unduly burden the other party without sufficient grounds.