United States · Federal civil procedure
When does a temporary restraining order issued without notice expire?
A temporary restraining order issued without notice expires at the time after entry that the court sets, not exceeding fourteen days. Before that time, the court may extend it for good cause for a like period, or the adverse party may consent to a longer extension. Preserve the exact order and time. This guide calculates no expiry.
- Period
- The court-set time after entry, not exceeding fourteen days initially, subject to actual permitted extension
- Trigger
- Entry of the actual without-notice temporary restraining order, with its specified expiration time
- Rule
- FRCP 65(b)(2)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The actual order sets expiration within the stated cap. Exact time, extensions and consent cannot be determined by the isolated fourteen-day preset.
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Which event starts this procedure?
Establish that the temporary restraining order was issued without notice.
Read the entered order and its exact specified expiration time.
Identify any actual extension before expiration, its good-cause basis or adverse-party consent, and the recorded reasons.
FRCP 65(b)(2)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Read the actual court-set expiration, including its date and time. The fourteen-day value is a cap, not an automatic duration for every order. Check actual entry and any extension before the specified expiration.
Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.
FRCP 6(a)(1)Why is no automated date published?
The actual order sets expiration within the stated cap. Exact time, extensions and consent cannot be determined by the isolated fourteen-day preset.
Which conditions change the assessment?
- Court-set expiration
- Rule 65(b)(2) uses the time after entry that the court sets, not exceeding fourteen days. The order must state issuance date and hour.
- Actual permitted extension
- Before expiration, the court may extend for good cause for a like period or the adverse party may consent to a longer extension. Extension reasons must be recorded.
- Expedited hearing and dissolution
- Rule 65(b)(3) gives priority to the preliminary-injunction hearing. Subsection (4) separately permits an adverse-party dissolution or modification motion on the stated notice.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Does every without-notice TRO last fourteen days?
No. The court sets a time after entry that cannot initially exceed the stated cap. Read that actual time.
FRCP 65(b)(2)Can consent affect an extension?
The rule permits a longer extension when the adverse party consents. Establish the actual consent and extension.
FRCP 65(b)(2)Does the issuance time always replace the entry event?
The order must state issuance date and hour, but the expiration text uses a court-set time after entry. Preserve both rather than conflating them.
FRCP 65(b)(2)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 65(b)(2) | This actor, required act, operative event and period |
| FRCP 65(b)(3)–(4) | Expedited hearing and separate dissolve or modify procedure |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |