Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Amendment history unavailable · Last verified July 30, 2026
The line between a temporary restraining order and a preliminary injunction runs through notice. A TRO can issue without the other side present in a genuine emergency, but Article 3602 makes clear a preliminary injunction cannot: notice to the adverse party and an opportunity for a hearing are prerequisites, not formalities that can be skipped.
The article also sets the hearing's timing. Once notice is served, the hearing has to be set no fewer than two days and no more than ten days later. That window balances two competing needs, giving the party opposing the injunction real time to prepare, while keeping the case moving toward a hearing rather than letting it drift.
Article 3606 works alongside this article when a TRO has already been granted: it requires the preliminary injunction hearing to be set at the earliest possible time, subject to this article's two-to-ten-day framework, and gives that hearing priority over most other matters on the docket.
Yes. Article 3602 requires notice to the adverse party and an opportunity for a hearing before a preliminary injunction can issue.
Not less than two days and not more than ten days after the notice is served on the adverse party.
A temporary restraining order can issue without notice in a genuine emergency under Article 3603, while a preliminary injunction under Article 3602 always requires notice and a hearing opportunity first.
Article 3606 requires that hearing to be set at the earliest possible time, subject to this article's two-to-ten-day window, and gives it priority over most other matters.