Advise on a temporary restraining order or preliminary injunction
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the file the lawyer selects, list which of these Rule 65 topics a document already covers and which it does not: whether notice will be given, the specific facts offered of immediate and irreparable injury if relief is sought without notice, the attorney's certification of efforts to give notice, the security proposed, whether a draft order states the reasons, the terms, and the acts restrained, and who would be bound. Do not draft the order or the motion. Do not say that an asset freeze is available.
- What the lawyer must review
- You decide whether to move, whether to seek relief without notice, and what security to offer, and you write the motion. Rule 65 lets the court issue a preliminary injunction only on notice to the adverse party. It may issue a temporary restraining order without notice only if specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard, and the movant's attorney certifies in writing the efforts made to give notice and the reasons notice should not be required. A without-notice order expires at the time after entry that the court sets, not to exceed 14 days, unless extended once for a like period or the adverse party consents. Every injunction and restraining order must state the reasons, state its terms specifically, and describe in reasonable detail the acts restrained or required, not by referring to the complaint. The court may issue the order only if the movant gives security in an amount the court considers proper, except for the United States, its officers, and its agencies. The order binds only parties and the other persons Rule 65(d)(2) names, and only if they receive actual notice. Rule 65 does not itself authorize an order restraining a person from dealing with assets generally. Presenting the motion is a Rule 11 certification. Formal Opinion 512 requires you to review generated analysis and citations before filing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.