Art. 3606.Temporary Restraining Order; Hearing On Preliminary Injunction
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Last amended 2014 · Last verified July 30, 2026
In one sentenceArticle 3606 requires the preliminary injunction hearing to be set at the earliest possible time once a temporary restraining order is granted, gives it priority over most other matters, dissolves the TRO if the party who obtained it fails to pursue the preliminary injunction, and extends the TRO briefly if a hearing is continued for a declared emergency.
Full Text of Art. 3606
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A. When a temporary restraining order is granted, the application for a preliminary injunction shall be assigned for hearing at the earliest possible time, subject to Article 3602, and shall take precedence over all matters except older matters of the same character. The party who obtains a temporary restraining order shall proceed with the application for a preliminary injunction when it comes on for hearing. Upon his failure to do so, the court shall dissolve the temporary restraining order.
B. In the event that the hearing on the issuance of a preliminary injunction is continued by the court because of a declared state of emergency made in accordance with R.S.29:724, any temporary restraining order issued in the matter shall remain in force for five days after the conclusion of the state of emergency. When a temporary restraining order remains in force under this Paragraph, the court shall reassign the application for a preliminary injunction for hearing at the earliest possible time, but no later than five days after the conclusion of the state of emergency. The reassignment of the application shall take precedence over all matters except older matters of the same character.
Amendment History
Amended by Acts 2014, No. 618, §1, eff. 8/1/2014.
Plain-English Summary
A temporary restraining order is not meant to sit indefinitely while the case behind it moves at an ordinary pace. Article 3606 keeps the pressure on once a TRO issues: the application for a preliminary injunction has to be assigned for hearing at the earliest possible time, subject to Article 3602's two-to-ten-day notice window, and that hearing takes precedence over everything on the docket except older matters of the same kind.
The article also enforces follow-through. The party who obtained the TRO has to proceed with the preliminary injunction application once it comes up for hearing, and if they fail to do so, the court dissolves the TRO. A TRO is a stopgap pending a real hearing, not a standalone remedy a party can obtain and then decline to pursue further.
State-of-emergency continuances get a specific accommodation. If a declared emergency forces the preliminary injunction hearing to be continued, the TRO stays in force for five days past the emergency's conclusion, and the court has to reassign the hearing for the earliest possible time within that same five-day window, again ahead of most other matters.
Frequently Asked Questions
How quickly does a preliminary injunction hearing have to be set after a TRO issues?
At the earliest possible time, subject to Article 3602's two-to-ten-day notice window, and that hearing takes priority over most other matters on the docket.
What happens if the party who got the TRO doesn't pursue the preliminary injunction?
The court dissolves the temporary restraining order, since Article 3606 requires the party to proceed with the preliminary injunction application once it is set for hearing.
What happens to a TRO if the preliminary injunction hearing is delayed by a declared emergency?
The TRO stays in force for five days after the emergency ends, and the court must reassign the hearing for the earliest possible time within that period.
Does the preliminary injunction hearing take priority over other cases on the court's docket?
Yes, except for older matters of the same character, which keep their own priority ahead of it.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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