65.01 Temporary Restraining Order; Notice; Hearing; Duration A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney states to the court in writing the efforts, if any, which have been made to give notice or the reasons supporting the claim that notice should not be required. In the event that a temporary restraining order is based upon any affidavit, a copy of such affidavit must be served with the temporary restraining order. In case a temporary restraining order is granted without notice, the motion for a temporary injunction shall be set down for hearing at the earliest practicable time and shall take precedence over all matters except older matters of the same character; and when the motion comes on for hearing, the party who obtained the temporary restraining order shall proceed with the application for a temporary injunction, and, if the party does not do so, the court shall dissolve the temporary restraining order. On written or oral notice to the party who obtained the ex parte temporary restraining order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Rule 65.Injunctions
Last amended July 1, 2015 · Last verified July 1, 2026
In one sentenceRule 65 sets the requirements for getting a temporary restraining order or a temporary injunction, including when notice to the other side can be skipped, what security must be posted, and how the order must be written.
Full Text of Rule 65
65.02 Temporary Injunction
a No temporary injunction shall be granted without notice of motion or an order to show cause to the adverse party.
b A temporary injunction may be granted if by affidavit, deposition testimony, or oral testimony in court, it appears that sufficient grounds exist therefor.
c Before or after the commencement of the hearing on a motion for a temporary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion. Even when this consolidation is not ordered, any evidence received upon a motion for a temporary injunction which would be admissible at the trial on the merits becomes part of the trial record and need not be repeated at trial. This provision shall be so construed and applied as to preserve any rights the parties may have to trial by jury.
65.03 Security
a No temporary restraining order or temporary injunction shall be granted except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
b Whenever security is given in the form of a bond or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the court administrator as the surety’s agent upon whom any documents affecting liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may
be served on the court administrator, who shall forthwith transmit copies to the sureties if their addresses are known.
65.04 Form and Scope of Injunction or Restraining Order Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Advisory Committee Comments
Advisory Committee Comments--2000 Amendments
This rule is entirely new in the Minnesota rules; it is drawn directly from F ED. R. CIV. P. 65(d). There is no comparable provision currently in the Minnesota rules and questions do arise about what is necessary to make sure that a party is subject to a court’s injunctive order. The amended rule is intended to resolve those questions.
Amendment History
- (Amended effective July 1, 2015.)
Plain-English Summary
Rule 65 governs court orders that stop someone from taking a certain action while a case is pending. A temporary restraining order, or TRO, is meant for urgent situations. Rule 65.01 allows a court to grant one without notifying the other side first, but only if specific facts in an affidavit or verified complaint show that immediate and irreparable harm will happen before the other side can be heard, and the requesting party’s attorney explains in writing what efforts were made to give notice or why notice should not be required. If a TRO is granted without notice, the law requires a prompt hearing on a full temporary injunction, and if the party who got the TRO does not pursue that hearing, the court must dissolve the order. The other side can also ask the court to dissolve or modify a TRO once they learn about it.
A temporary injunction, covered in Rule 65.02, is different: it always requires notice to the other side, either through a motion or an order to show cause, and can be based on affidavits, deposition testimony, or live testimony. Courts also have the option to combine the injunction hearing with a full trial on the merits, and evidence from that hearing can carry over to trial without needing to be repeated.
Rule 65.03 requires the party seeking a TRO or temporary injunction to post security to cover costs and damages if it turns out the other party was wrongfully restrained, and it spells out how a surety on that security can be held liable through a simple motion instead of a separate lawsuit. Finally, Rule 65.04 requires that every injunction or restraining order explain the reasons for issuing it, be specific and not vague, describe clearly what conduct is restrained, and it explains who is bound by the order, generally the parties, their agents, and others acting with them who have actual notice.
Frequently Asked Questions
Can a court grant a restraining order without telling the other side first?
Yes, but only if specific facts show immediate and irreparable harm will occur before the other side can be heard, and the requesting attorney explains in writing the efforts made to give notice or the reasons notice should not be required.
Do I have to put up money to get a temporary restraining order?
Yes. Rule 65.03 requires the applicant to give security in an amount the court considers proper to cover costs and damages if the other party is later found to have been wrongfully restrained.
What happens after a TRO is granted without notice to the other side?
The motion for a temporary injunction must be set for hearing at the earliest practicable time and takes priority over most other matters, and the court will dissolve the TRO if the party who obtained it does not pursue that hearing.
Does a temporary injunction ever require a jury trial?
Rule 65.02 says the procedure for combining an injunction hearing with a trial on the merits must be applied in a way that preserves any right the parties have to a jury trial.
Who is bound by a temporary restraining order?
Rule 65.04 says the order binds the parties to the action, their officers, agents, servants, employees, and attorneys, plus anyone acting with them who receives actual notice of the order.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 65). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: TROtemporary injunctionrestraining order
Advisory Committee Comments—2015 Amendments
The amendments to Rule 65.03 are not substantive in nature or intended effect. The replacement of “papers” with “documents” is made throughout these rules, and simply advances precision in choice of language. Most documents will not be filed as “paper” documents, so paper is retired as a descriptor of them. The word “transmit” is used in preference to “mail,” recognizing that many documents will be delivered by electronic or means other than the United States mail.