To write an ex parte motion, you prepare a package of documents — a motion, a sworn declaration, a notice certification, a supporting brief, and a proposed order — that uses specific facts to show the court you will suffer immediate, irreparable harm before the other side can be heard. In federal court, that standard comes from Federal Rule of Civil Procedure 65(b).1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders Because this procedure bypasses the opposing party’s right to notice, judges treat it as a narrow exception. A granted motion depends on both a genuine emergency and precise paperwork.
Decide First Whether Ex Parte Relief Actually Fits
Before you draft anything, confirm your situation meets the standard. Courts grant ex parte relief in two situations, and only two.
The first is a genuine emergency. Under FRCP 65(b)(1), the court can issue a temporary restraining order without notice only when your affidavit or verified complaint shows with specific facts that you will suffer immediate and irreparable injury before the other side can respond. Think of evidence about to be destroyed, assets being moved out of reach, or a child about to be taken out of the jurisdiction. “Irreparable” is the operative word. If money damages after the fact would fix the problem, most judges will deny the ex parte request and tell you to file a regular noticed motion.
The second is routine procedural housekeeping that doesn’t affect the other party’s rights: extra time to file, permission to exceed a page limit, a brief scheduling change. Even here, you need a legitimate reason the matter can’t wait. Courts don’t appreciate parties using the ex parte process because it’s more convenient.
If neither description fits your situation, stop. A regular noticed motion, or a request for an order shortening time, is the right path and preserves your credibility for a real emergency later.
The Documents You Need to File
An ex parte filing is not a single document. It is a package, and a missing piece can get your request rejected before a judge reaches the substance. In federal court, that package typically includes:
- The ex parte motion itself — your formal written request laying out the facts, the legal basis, and exactly what you want the court to do.
- A supporting declaration or affidavit — a sworn statement, signed under penalty of perjury, providing the factual basis for the emergency.
- A written certification regarding notice — your attorney’s written statement describing what efforts were made to notify the opposing party and why notice should not be required.
- A memorandum of points and authorities — a legal brief citing the statutes, rules, and case law supporting your position. Some courts require this separately; others allow it inside the motion.
- A proposed order — a draft order ready for the judge’s signature, so the court can act immediately if it agrees with you.
Local rules vary on formatting, page limits, and whether you file electronically or deliver paper copies. Check the specific requirements for the court where your case is pending before assembling the package.
Drafting the Motion
Judges review ex parte requests quickly and without the benefit of hearing from the other side, so clarity matters more here than in almost any other filing.
Caption and Introduction
Begin with the standard case caption and a title that clearly identifies what you’re filing — for example, “Emergency Ex Parte Motion for Temporary Restraining Order.” Two or three sentences then identify who you are, what you want, and the authority for the request. In federal court, that authority is typically FRCP 65(b).
Statement of Facts
Tell the judge what happened and why it cannot wait. Resist the urge to include the full history of your case. Focus on the events creating the emergency: what the opposing party did or is about to do, when you learned about it, and what will happen if the court doesn’t act now. Every fact should connect directly to immediacy and irreparability. If a fact doesn’t serve that purpose, cut it.
Legal Argument
Connect your facts to the legal standard. For a TRO under FRCP 65(b)(1), you need to show two things: specific facts that clearly demonstrate immediate and irreparable injury before the other side can be heard, and your attorney’s written certification of the efforts made to give notice and the reasons it should not be required.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders Depending on the nature of your request, you may also need to address the traditional injunctive-relief factors: likelihood of success on the merits, balance of hardships, and the public interest.
Specific Relief Requested
State exactly what you want the court to order. Vague requests get denied. If you want the opposing party to stop transferring funds from a specific bank account, say that; don’t ask the court to “preserve assets.” The more precise your request, the easier it is for the judge to grant it and for the opposing party to comply with it.
Writing the Supporting Declaration
The declaration is your evidence. It is a sworn statement, signed under penalty of perjury, in which you or a witness with firsthand knowledge lays out the facts supporting the emergency. The motion makes legal arguments; the declaration sticks to what the signer personally knows and has observed.
Include specific dates, times, and details. “The defendant is moving assets” is weak. “On January 14, 2026, I discovered that the defendant transferred $85,000 from the joint business account to a personal account at a different bank” gives the judge something concrete to act on. Attach any supporting documents — emails, account statements, photographs — as exhibits and reference them by exhibit number.
Writing the Notice Certification
This is where many ex parte motions fail. FRCP 65(b)(1)(B) requires the movant’s attorney to certify in writing what efforts were made to give notice to the opposing party and why notice should not be required.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders Judges take this requirement seriously because ex parte relief is an exception to the fundamental principle that both sides get heard.
If you tried to notify the opposing party, describe every effort: the phone calls (with dates and times), the emails, the voicemails. Explain what you communicated about the nature of your request and what response, if any, you received. If the opposing party has an attorney, contact that attorney, not the party directly.
If you’re arguing that notice should be excused entirely, you need a compelling reason. The classic justification is that giving notice would trigger the very harm you’re trying to prevent; alerting the opposing party that you know about hidden assets would give them time to move those assets further out of reach. A bare assertion that you “couldn’t reach” the other side, without documenting multiple genuine attempts, is almost always insufficient.
Drafting the Proposed Order
Write the proposed order as if you were the judge issuing it. Under FRCP 65(b)(2), every TRO issued without notice must state the date and hour it was issued, describe the injury and explain why it is irreparable, and state why the order was issued without notice.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders Build these requirements into your draft so the judge can adopt your language with minimal editing.
Leave blank lines for signature, date, and time. Include a clear expiration date. Under the federal rules, the order cannot exceed 14 days unless extended for good cause or by consent of the restrained party.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders The proposed order should mirror the specific relief you requested in the motion. Don’t ask for broader relief in the order than you argued for in the motion. Judges notice.
Budget for a Security Bond
If the court grants your TRO, you may need to post a bond. Under FRCP 65(c), a court can issue a preliminary injunction or TRO only if the movant provides security in an amount the court considers adequate to cover the costs and damages the restrained party would suffer if it turns out they were wrongfully restrained.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders The amount is left to the judge’s discretion. It can be as low as $100 in straightforward cases, or substantial in commercial disputes.
Government entities filing for injunctive relief are exempt. If you are an individual or business, be prepared to address the bond in your motion or at the hearing.
What Happens After the Order Is Signed
Getting the TRO signed is the start of a compressed timeline, not the finish line.
Serve the order on the opposing party immediately. A restraining order is only enforceable against a party with actual notice. Delay in service also undermines your credibility when the matter returns for a full hearing.
Watch the 14-day clock. A TRO issued without notice expires no later than 14 days after entry unless the court extends it for good cause or the restrained party consents to a longer extension.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders To keep the protection in place beyond that, you must move for a preliminary injunction — a fully noticed proceeding where the opposing party presents their side.
When a TRO is issued without notice, the court must schedule the preliminary injunction hearing at the earliest possible time, and that hearing takes priority over almost everything else on the docket.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders You carry the burden of proving the injunction should continue. If you fail to proceed at the hearing, the court must dissolve the order. Start preparing for the preliminary injunction hearing the moment you file your ex parte motion.
Expect the other side to push back fast. On just two days’ notice to you, or shorter if the court allows, the restrained party can move to dissolve or modify the TRO, and the court must hear that motion promptly.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders
Risks of Filing a Weak Motion
A denied motion is not the only downside. Under FRCP 11, every filing represents a certification that it is not being presented for an improper purpose, that its legal contentions are warranted, and that its factual claims have evidentiary support. An ex parte motion that exaggerates the emergency, misrepresents facts, or seeks relief the law doesn’t support can trigger sanctions, which may include monetary penalties, an order to pay the opposing party’s attorney fees, or nonmonetary directives designed to deter the conduct from happening again.2Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers
Beyond formal sanctions, a weak ex parte filing damages your credibility with the judge who will continue to handle your case. Judges remember when parties cry emergency without cause. If your situation doesn’t clearly meet the standard for irreparable harm, file a regular noticed motion, or ask for an order shortening time to get a faster hearing through proper channels.