What is typically included in a request for a temporary restraining order?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

A request for a temporary restraining order (TRO) typically includes supporting affidavits demonstrating the need for relief. These affidavits serve as written statements from individuals that provide evidence or sworn testimony related to the urgency and justification for granting the TRO. They help to establish that irreparable harm may occur without the court’s immediate intervention and outline the facts surrounding the situation, thus allowing the court to understand why the request should be granted.

Supporting affidavits are crucial in a TRO application because they provide a factual basis for the request, making it more compelling to the judge. The underlying purpose of a temporary restraining order is to prevent imminent harm before a more thorough hearing can be held, and affidavits play a key role in articulating that urgency.

In contrast, details of the opposing party's financial status are generally irrelevant to the immediate need for a restraining order, and presenting evidence for a jury is not typical at this stage, as TRO requests are handled promptly by a judge without the need for a jury trial. A motion for summary judgment pertains to a different procedural context where a party seeks a ruling based on the lack of material facts being in dispute, which does not apply to the urgent nature of a TRO request.

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