Rule 48.Temporary Orders Without Notice

Rule 48 covers the two fastest routes to relief: an accelerated hearing on notice, and an order entered without notice at all.

With notice: the accelerated hearing

A party may request emergency temporary orders at the same time as, or after, filing an initial pre-decree or post-decree petition. The court may set an accelerated hearing only if the verified motion sets out the specific relief requested and the specific facts supporting it, and specific facts establishing why an emergency or accelerated hearing is required. The urgency has to be pleaded, not asserted.

Without notice: the two showings

An order may issue without written or oral notice to the adverse party or their attorney only if the verified motion:

• clearly shows by specific facts that if an order is not issued before the adverse party can be heard, the moving party or a minor child will be irreparably injured, or irreparable injury, loss or damage will result to the moving party's separate or community property; and
• the moving party or attorney provides written certification of the efforts made to give notice, or why notice should not be required.

Both are required. The certification is an independent obligation: a party who cannot show irreparable injury cannot cure it by explaining why they did not call, and a party who can show irreparable injury must still account for the absence of notice.

What the order must say, and how long it lasts

An order without notice must specify the injury, loss or damage, say why it is irreparable, and state why the court granted it without notice. It expires at the date and time set for hearing on the motion unless extended for good cause.

The hearing that must follow

On entry of a temporary order without notice, an evidentiary hearing must be set not later than 10 days after entry, unless extended for good cause. The nonmoving party may request an earlier hearing on reasonable notice as the court directs -- the party who was not heard controls whether the wait is shortened.

Bond, and the ruling deadline

No bond is required unless the court finds one appropriate -- a notable departure from civil injunction practice. The order and notice of hearing must be served as soon as possible after entry or as the court directs, and the court must rule on the motion no later than 21 days after the hearing concludes.