W.D.N.Y. Loc. R. Civ. P. 65

(a) Preliminary Injunction. A preliminary injunction will only issue after notice and hearing,

unless there is a waiver. An application for a preliminary injunction shall include:

(1) a copy of the complaint, if the case has been recently filed;

(2) the motion for a preliminary injunction;

(3) a memorandum of law in support of the motion citing legal authority showing that

the moving party is entitled to the relief requested;

(4) a list of witnesses and exhibits to be presented at the preliminary injunction

hearing, and a brief summary of the anticipated testimony of such witnesses; and

(5) a proposed order granting the injunctive relief.

Additionally, if the moving party seeks to have the motion heard on an expedited basis,

such party shall include a motion for an expedited hearing pursuant to Loc. R. Civ. P.

7(d)(1).

(b) Temporary Restraining Orders (TRO). An Order to Show Cause is not specifically

authorized under the Federal Rules of Civil Procedure. Such relief is available upon

motion for a TRO, pursuant to Fed. R. Civ. P. 65, and a motion for an expedited hearing,

pursuant to Loc. R. Civ. P. 7(d)(1). There are two types of TROs: an ex parte TRO and a

TRO issued upon notice to the adverse party. An ex parte TRO is available only in

extraordinary circumstances. In most cases, the Court will require both notice to the

adverse party and an opportunity to be heard before granting a TRO.

(1) Ex Parte TRO. A party seeking an ex parte TRO must comply with the

requirements of Fed. R. Civ. P. 65(b)(1) and (2). An application for an ex parte TRO

also shall include:

(A) a copy of the complaint, if the case has been recently filed;

(B) the motion for a TRO;

(C) a memorandum of law in support of the TRO, citing legal authority

showing that the party is entitled to the relief requested; and

(D) a proposed order granting the TRO, in accordance with Fed. R. Civ. P.

65(b)(2) and (d)(1).

Immediately after filing the TRO application, counsel for the moving party shall

personally deliver courtesy copies of the foregoing documents to chambers and await

further instructions from the Court. In the event that the moving party is represented by

out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall

contact chambers by telephone to request a waiver of this requirement. Because an

application for a TRO rarely will be granted ex parte, a party moving under this subsection

should be prepared to proceed pursuant to subsection (2) below, in the event that the Court

finds that an ex parte proceeding is unwarranted.

(2) TRO on Notice. An application for a TRO on notice shall include:

(A) all the documents required by subsection (1)(A), (B), (C), and (D) above;

and

(B) a motion for an expedited hearing pursuant to Loc. R. Civ. P. 7(d)(1).

Immediately after filing the TRO application, counsel for the moving party shall

personally deliver courtesy copies of the foregoing documents to chambers and await

further instructions from the Court. In the event that the moving party is represented by

out-of-town counsel who is unable to personally deliver courtesy copies, counsel shall

contact chambers by telephone to request a waiver of this requirement.

(c) Security. The parties shall be prepared to address the security requirements of Fed. R.

Civ. P. 65(c) whenever applying for injunctive relief.