{"jurisdiction": "us-ny", "code": "cplr", "section": "6313", "citation": "CPLR § 6313", "heading": "Temporary restraining order", "text": ["§ 6313. Temporary restraining order.  (a) Generally.  If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible time. No temporary restraining order may be granted in an action arising out of a labor dispute as defined in section eight hundred seven of the labor law, nor against a public officer, board or municipal corporation of the state to restrain the performance of statutory duties.", "(b) Service.  Unless the court orders otherwise, a temporary restraining order together with the papers upon which it was based, and a notice of hearing for the preliminary injunction, shall be personally served in the same manner as a summons.", "(c) Undertaking.  Prior to the granting of a temporary restraining order the court may, in its discretion, require the plaintiff to give an undertaking in an amount to be fixed by the court, containing terms similar to those set forth in subdivision (b) of rule 6312, and subject to the exception set forth therein."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/6313", "from_official_api": true, "plain_english": "A court may issue a temporary restraining order without notice when waiting for the preliminary-injunction hearing would cause immediate, irreparable harm.\n- **(a)** The **plaintiff must show immediate and irreparable injury, loss or damage**, and the **court must set the injunction hearing at the earliest possible time**. ★ No temporary restraining order may issue in a Labor Law § 807 labor dispute or against a state public officer, board or municipality performing statutory duties.\n- **(b)** Unless the court orders otherwise, the **order, supporting papers and hearing notice must be personally served like a summons**.\n- **(c)** Before granting the order, the **court may require a court-fixed undertaking on terms like § 6312(b)**, subject to its exception.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/6313", "publisher": "Elyphived LLC"}