Form 8-27

This form should be prepared in advance of and brought to the ex parte hearing on the application for a temporary restraining order. The form is divided into one part granting the restraining order and a sec­ond part setting a hearing on the application for a temporary injunction. Each part must be signed by the judge if the restraining order is granted; if a restraining order is denied but a hearing is set on the temporary injunction application, only the second part is signed. The order is discussed at section 8.39 in this chapter. The conduct to be enjoined must be described clearly, definitely, and precisely, so that the defendant will not have to draw inferences or conclusions about what is proscribed.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order for Issuance of Temporary Restraining Order and Setting Hearing on Application for Temporary Injunction

At the hearing on Plaintiff’s Application for Temporary Restraining Order and Tempo­rary Injunction, Plaintiff appeared by and through his attorney of record. The hearing was conducted without notice to Defendant.

The Court finds that—

1.it clearly appears from specific facts shown by Plaintiff’s verified application that immediate and irreparable injury, loss, or damage will result to Plaintiff before notice can be served on Defendant and before a hearing can be held on Plaintiff’s application for a tempo­rary injunction because, unless [describe conduct to be restrained, e.g., the transferring or removing of Defendant’s funds and other property in the possession of First National Bank of Austin] is immediately restrained, Defendant will [describe injury, e.g., be unable to satisfy the judgment that will probably be rendered in Plaintiff’s favor in this cause]. This injury will be irreparable unless this restraint is ordered because [state why injury will be irreparable, e.g., all of Defendant’s nonexempt assets will be placed beyond Plaintiff’s reach];

2.unless this restraint is ordered immediately, without notice to Defendant, Plaintiff will suffer irreparable injury immediately, because no other legal remedy can be obtained and effected before the injury occurs;

3.Plaintiff has no adequate remedy at law;

4.Plaintiff has exercised due diligence in prosecuting the underlying claim in this cause;

5.Plaintiff’s injury will outweigh any injury to Defendant that may occur on issu­ance of this restraining order;

6.the restraining order will not disserve the public interest;

7.the status quo should be maintained, in the public interest; and

8.Plaintiff’s bond in the amount of $____________ will fully protect Defendant’s rights until a hearing can be held on Plaintiff’s application for a temporary injunction.

It is therefore ORDERED that a temporary restraining order issue, operative until the date of the hearing hereinafter ordered, restraining and enjoining [name[s]] from [describe conduct to be restrained, e.g., transferring or removing any funds or other property belonging to [name of defendant] in the possession of [name of third-party defendant]], provided that, before the issuance of the restraining order, Plaintiff must post bond in the amount of $____________, payable to Defendant, conditioned and approved as required by law.

SIGNED on ________________________________ at __________________ __.m.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Order Setting Hearing on Application for Temporary Injunction

It is ORDERED that [name of defendant], Defendant in this cause, appear before this Court on __________________ at ________ __.m. at [address, city], Texas, to show cause, if any, why the temporary injunction requested by Plaintiff should not issue against Defendant.

SIGNED on ________________________________.

   
JUDGE PRESIDING