Fed. R. Civ. P. 65 — Injunctions and Restraining Orders
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Preliminary injunction. Court may issue only on notice to the adverse party. Court may consolidate the preliminary-injunction hearing with trial on the merits.
(b) Temporary restraining order. Court may issue a TRO without notice only if specific facts in an affidavit or verified complaint show that immediate and irreparable injury will result before the adverse party can be heard, and the movant’s attorney certifies in writing the efforts to give notice and the reasons why it should not be required. TRO lasts not more than 14 days unless extended.
(c) Security. Court may issue a preliminary injunction or TRO only if the movant gives security in an amount the court considers proper to pay costs and damages sustained by any party found to have been wrongfully enjoined.
(d) Contents and scope. Every injunction must: (A) state the reasons it issued; (B) state its terms specifically; and (C) describe in reasonable detail — not by reference to the complaint or other document — the acts restrained.
Full text: law.cornell.edu/rules/frcp/rule_65.
Plain English
Rule 65 is the federal courts’ emergency-relief rule. Two types of orders — TROs (fast, up to 14 days, can be issued ex parte in true emergencies) and preliminary injunctions (longer term, notice and hearing required). To win, the movant must satisfy a four-factor test, post security, and the order must describe the restrained conduct specifically.
Key Cases & Authority
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) — Set the modern four-factor test: (1) likelihood of success on the merits; (2) irreparable harm; (3) balance of equities; (4) public interest. “Likelihood” means more likely than not — ended the “serious questions/sliding scale” standard in some circuits.
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) — Same four-factor test applies to permanent injunctions; no automatic injunctive relief even where infringement is proven.
- Nken v. Holder, 556 U.S. 418 (2009) — Applied Winter-style four-factor test to stays pending appeal; clarified that “strong showing” on the merits is required.
- Carroll v. Princess Anne, 393 U.S. 175 (1968) — Ex parte TROs in First Amendment cases must be of short duration with prompt opportunity for hearing.
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423 (1974) — TROs continued beyond 14 days without consent become preliminary injunctions and are appealable.
Florida Parallel
Fla. R. Civ. P. 1.610 — Florida tracks the federal four-factor test, bond requirement, and specificity rules. Federal injunctions in constitutional and regulatory cases are far more common than state-court equivalents.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Preliminary injunction. The court may issue a preliminary injunction only on notice to the adverse party. The court may consolidate the preliminary-injunction hearing with the trial on the merits.
(b) Temporary restraining order. The court may issue a TRO without written or oral notice only if specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury will result before the adverse party can be heard, and the movant’s attorney certifies in writing efforts to give notice and reasons why it should not be required. A TRO expires within 14 days unless extended.
(c) The court may issue a preliminary injunction or TRO only if the movant gives security in an amount the court considers proper to pay costs and damages sustained by any party found to have been wrongfully enjoined.
(d) Every injunction must: (A) state the reasons it issued; (B) state its terms specifically; and (C) describe in reasonable detail — not by reference to the complaint — the acts restrained.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
When you cannot wait for a trial, Rule 65 is the federal courts’ emergency remedy. TROs (up to 14 days, ex parte in true emergencies) and preliminary injunctions (notice and hearing required). Four-factor test from Winter v. NRDC: likelihood of success, irreparable harm, balance of equities, public interest. Bond and specificity required.