Civil Procedure Multistate Bar Practice Exam

What is one condition under which a Temporary Restraining Order may be issued ex parte?

1. Presence of the defendant

2. Certification of efforts to notify the defendant

3. Agreement by the defendant

4. Judge's discretion only

The correct answer is: Certification of efforts to notify the defendant

A Temporary Restraining Order (TRO) can be issued ex parte—meaning without notice to the other party—under specific circumstances, particularly when immediate action is necessary to prevent irreparable harm. One condition that allows for an ex parte TRO is the certification of efforts to notify the defendant. This requirement ensures that the applicant has made reasonable attempts to inform the defendant of the application for a restraining order, thus providing some assurance that the defendant was not simply bypassed or blindsided. The need for certification of efforts to notify the defendant serves to balance the urgency of the situation with the defendant's right to be heard. The courts place value on transparency and fairness, even when a quick response is necessary, which is why documenting efforts to notify is a condition that must be met. In contrast, having the presence of the defendant, their agreement, or relying solely on the judge's discretion would not support the issuance of a TRO ex parte. The presence or agreement of the defendant would typically preclude the need for an ex parte order, as it suggests that the parties can resolve the matter collaboratively or that notice has been provided. Similarly, while the judge has discretion in deciding whether to issue a TRO, the presence of a documented effort to notify serves as