Rule 65.Injunctions and Temporary Restraining Orders
Last amended January 1, 2024 · Last verified July 13, 2026
In one sentenceRule 65 governs how a party gets a temporary restraining order without notice or a preliminary injunction with notice, what the order must say, how long a TRO lasts, and who is bound by it.
(1)Notice. The court may issue a preliminary injunction only on notice to the adverse party.
(2)Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party’s right to a jury trial.
(1)Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
(A)specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B)the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.
(2)Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry—not to exceed 14 days—that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.
(3)Expediting the Preliminary-Injunction Hearing. If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.
(4)Motion to Dissolve. On 2 days’ notice to the party who obtained the order without notice—or on shorter notice set by the court—the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.
(c)Security. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. Neither the State of Arkansas, its officers, nor its agencies are required to give security.
(d)Contents and Scope of Every Injunction and Restraining Order.
(1)Contents. Every order granting an injunction and every restraining order must:
(A)state the reasons why it issued;
(B)state its terms specifically; and
(C)describe in reasonable detail—and not by referring to the complaint or other document—the act or acts restrained or required.
(2)Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise:
(A)the parties;
(B)the parties’ officers, agents, servants, employees, and attorneys; and
(C)other persons who are in active concert or participation with the parties and the parties’ officers, agents, servants, employees, and attorneys.
(e)When a statute or other applicable law allows for emergency relief, the procedure under subsection (b) will apply unless an applicable statute specifies a different procedure.
Amendment History
Amended November 16, 2023, effective January 1, 2024.
Reporter's Notes
Reporter’s Notes to Rule 65: 1. Rule 65 marks a significant departure from FRCP 65. Whereas the latter makes a distinction between preliminary injunctions and temporary restraining orders, this rule treats them equally insofar as the procedures are concerned for obtaining either remedy. Thus, where it appears from affidavit or verified complaint that irreparable harm will or might result, the court has the authority to issue a preliminary injunction or temporary restraining order without notice to the opposing party. Under FRCP 65, notice is always a requirement for the issuance of a preliminary injunction.
2. This rule (a)(1) is generally in accord with prior Arkansas law. Superseded Ark. Stat. Ann. § 32-201 (Repl. 1962) provided that the court could direct that reasonable notice be given to the party against whom an injunction was sought. Superseded Ark. Stat. Ann. § 32-202 (Repl. 1962) required mandatory notice when a defendant had already answered and superseded Ark. Stat. Ann. § 32-103 (Repl. 1962) provided for the issuance of a temporary injunction without notice in certain instances as where irreparable harm was threatened. However, superseded Ark. Stat. Ann. § 32-203 (Repl. 1962) provided that in a number of specific instances, notice was required on an application for a preliminary injunction. This rule (a)(1) is designed to simplify prior Arkansas law by providing for the issuance of a preliminary injunction or temporary restraining order without notice only where it appears that irreparable harm or injury will or might result. In all other instances, notice of such application is required. Rule (a)(2) requires prior notice and a bond before a preliminary restraining order or injunction may be effective as against designated businesses.
3. Section (b) is designed to afford a hearing to the person against whom an injunction or temporary restraining order has been issued without notice. Substantial rights are often affected and for this reason, such hearings should be heard as expeditiously as possible. Where the hearing is held on the right of the applicant to have an injunction or restraining order issued, the court may delay the hearing until the entire case can be heard on the merits. Where harm may result, however, from such delay, the better practice is to proceed with the hearing on such application.
4. Section (d) deviates substantially from the security provisions of the Federal Rule and also changes prior Arkansas law. Under this rule, the trial court is vested with discretion to determine when security is required and the amount of such security when required. Both FRCP 65 and superseded Ark. Stat. Ann. § 32-206 (Repl. 1962) require the posting of adequate security as a condition precedent to the issuance of a preliminary injunction; therefore, this section does modify prior Arkansas law. Under this rule, preliminary injunctions and temporary restraining orders are placed on equal footing and since the trial court is in the best position to know whether security should be required, it is given the discretion to make such a determination.
5. Section (e) is identical to FRCP 65(d) and is designed to insure specificity in the drafting of injunctions and restraining orders. The intent is to ensure that there is no doubt or confusion as to the conduct enjoined or restrained. Likewise, this section makes clear the identity of all persons who are bound by the injunction or order. This provision should have little effect on Arkansas practice and procedure.
6. Section (e) of FRCP 65 is omitted and Section (f) is added to this rule. The latter section simply provides that disobedience of any injunction or order may be treated as a contempt by the court. Prior Arkansas law in this area was codified as superseded Ark. Stat. Ann. § 32-401 (Repl. 1962) although it is doubtful that specific statutory authority was necessary to enable the court to punish one for violating the terms of an injunction or restraining order.
Addition to Reporter’s Notes, 2011 Amendment: Rule 65 has been completely rewritten and is now substantially identical to Federal Rule 65 as amended in 2009. Rule 65 as adopted in 1979 departed significantly from the corresponding federal rule. Contrary to the approach of the federal rule and that of most states, the original Arkansas Rule 65 treated preliminary injunctions and temporary restraining orders as equivalent, allowing issuance of either without notice to the adverse party. Subsections (a) and (b) of the amended rule provide for issuance of a temporary restraining order without notice to the adverse party but require notice to the adverse party prior to issuance of a preliminary injunction.
The amendment eliminates former subsection (a)(2) that limited the availability of ex parte injunctive relief in some circumstances. The revised rule provides a number of enhanced procedural protections for persons or entities against whom ex parte injunctive relief is sought, including: that an affidavit or verified complaint state specific facts showing the harm that will result to the movant before the adverse party can be heard; that the movant’s attorney certify in writing any efforts made to give notice and why notice should not be required; that a temporary restraining order issued without notice describe the circumstances underlying its issuance; that the temporary restraining order must expire not later than 14 days after entry unless for good cause or with the adversary’s consent it is extended; and that the hearing on the temporary restraining order be set for the earliest possible time and take precedence over other matters. In addition, the party against whom the order is issued may appear and move to dissolve or modify the order upon 2 days’ notice to the party who obtained the temporary restraining order without notice.
In subsection (c) the amended rule conditions issuance of a preliminary injunction or temporary restraining order on the movant’s giving security determined by the court and section (d)(1) prescribes the contents of the injunction or restraining order. Subsection (d) specifies the persons bound by the order.
Addition to Reporter’s Notes, 2023 Amendment: The addition of subsection (e) clarifies that Rule 65’s procedures apply when seeking emergency relief unless they conflict with a statutory provision governing the terms under which emergency relief may be granted.
Plain-English Summary
Rule 65 gives Arkansas courts the tools to stop harm before it happens, through a temporary restraining order or a preliminary injunction, while building in safeguards for the party on the receiving end. Section (a) covers preliminary injunctions: notice to the adverse party is required before one can issue, and the court has discretion to advance the trial on the merits and fold it into the injunction hearing, so long as any party's right to a jury trial is preserved and evidence taken at the hearing that would be admissible at trial becomes part of the trial record without needing to be repeated.
Section (b) covers the TRO, which can issue without notice, but only under tight conditions. The movant needs an affidavit or verified complaint showing specific facts that immediate and irreparable injury will occur before the adverse party can be heard, and the movant's attorney must certify in writing what efforts were made to give notice and why notice should not be required. A TRO issued without notice must state the date and hour it issued, describe the irreparable injury and explain why notice was skipped, and it expires no later than 14 days after entry unless extended for good cause or by the adverse party's consent. Because an ex parte order restrains someone who never got a chance to respond, the rule pushes the case toward a prompt hearing on the preliminary injunction, ahead of most other matters on the docket, and lets the restrained party move to dissolve or modify the order on two days' notice.
Section (c) requires security before either a preliminary injunction or a TRO can issue, in whatever amount the court considers proper to cover the costs and damages of a party wrongfully enjoined -- except the State of Arkansas and its officers or agencies, which are not required to post security. Section (d) requires every injunction and restraining order to state its reasons, spell out its terms specifically, and describe the restrained conduct in the order itself rather than by pointing to the complaint. That same section defines who is bound: the parties, their officers, agents, servants, employees, and attorneys, and anyone else acting in active concert with them, so long as they received actual notice.
Rule 65 as originally adopted in 1979 departed sharply from its federal counterpart by treating TROs and preliminary injunctions as interchangeable, both available without notice. The 2011 amendment rewrote the rule to track the federal approach, requiring notice for preliminary injunctions while preserving a narrower path for ex parte TROs, with added protections like the attorney certification requirement and the 14-day expiration. The 2023 amendment added section (e), which makes clear that when some other statute allows for emergency relief, Rule 65's procedures govern unless that statute specifies a different procedure.
Frequently Asked Questions
What is the difference between a TRO and a preliminary injunction in Arkansas?
A TRO can issue without notice to the other side, on a strong showing of immediate irreparable harm and attorney certification of efforts to give notice, and it lasts no more than 14 days unless extended. A preliminary injunction, by contrast, requires notice to the adverse party before it can issue at all, and typically follows a hearing rather than an emergency, one-sided request.
How long does a temporary restraining order last in Arkansas?
No more than 14 days after entry, unless the court extends it for good cause for a like period, or the adverse party consents to a longer extension. Any extension and the reasons for it must be entered in the record.
What has to be in the affidavit to get a TRO without notice?
Specific facts, not conclusions, clearly showing that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard. The movant's attorney also has to certify in writing what efforts were made to give notice and why notice should not be required.
Do I need to post a bond to get a TRO or preliminary injunction in Arkansas?
Generally yes -- section (c) conditions issuance of either remedy on the movant giving security in an amount the court considers proper, to cover the costs and damages of anyone wrongfully enjoined. The State of Arkansas and its officers or agencies are exempt from this requirement.
Can the person I got a TRO against fight back before the 14 days run out?
Yes. Section (b)(4) lets the adverse party move to dissolve or modify a TRO issued without notice, on two days' notice to the party who obtained it, or on shorter notice if the court sets one. The court must then hear and decide that motion as promptly as justice requires.
Who is legally bound by an Arkansas injunction or restraining order?
The parties themselves; their officers, agents, servants, employees, and attorneys; and any other person acting in active concert or participation with them -- but only those who received actual notice of the order, whether by personal service or otherwise.
What must an injunction order say to be valid?
Under section (d), it must state the reasons it issued, state its terms specifically, and describe the restrained or required conduct in reasonable detail within the order itself. It cannot incorporate the complaint or another document by reference to define what is prohibited.
Does Rule 65 apply when a specific Arkansas statute provides for emergency relief?
Yes, unless that statute says otherwise. Section (e), added in 2023, makes Rule 65's TRO procedure the default for statutory emergency relief requests, deferring to the statute only where the statute specifies a different procedure.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
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