(a) Order to Show Cause With Temporary Restraints. On the filing of a complaint seeking injunctive relief, the plaintiff may apply for an order requiring the defendant to show cause why an interlocutory injunction should not be granted pending the disposition of the action. The proceedings shall be recorded verbatim provided that the application is made at a time and place where a reporter or sound recording device is available. The order to show cause shall not, however, include any temporary restraints or other interim relief unless the defendant has either been given notice of the application or consents thereto or it appears from specific facts shown by affidavit or verified complaint that immediate and irreparable damage will probably result to the plaintiff before notice can be served or informally given and a hearing had thereon. If the order to show cause includes temporary restraints or other interim relief and was issued without notice to the defendant, provision shall be made therein that the defendant shall have leave to move for the dissolution or modification of the restraint on 2 days’ notice or on such other notice as the court fixes in the order. The order may further provide for the continuation of the restraint until the further order of the court and shall be returnable within such time after its entry as the court fixes but not exceeding 35 days after the date of its issuance, unless within such time the court on good cause shown extends the time for a like period or unless the defendant consents to an extension for a longer period.
Rule 4:52-1.Temporary Restraint and Interlocutory Injunction - Application on Filing of Complaint
Last amended September 1, 2019 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:52-1 lets a plaintiff seeking injunctive relief apply for an order to show cause, but bars any temporary restraint issued without notice unless specific facts show immediate and irreparable harm will occur before notice can be given, and requires the defendant get a chance to move to dissolve it on short notice.
Full Text of Rule 4:52-1
(b) Order to Show Cause as Process; Service. If the order to show cause issues upon the filing of the complaint, no summons shall issue in the action if the order contains the name and address of plaintiff’s attorney, if any, otherwise plaintiff’s address; the time within which defendant shall serve and file an answer upon plaintiff or plaintiff’s attorney as provided by these rules; and a notice to defendant that upon failure to so file and serve an answer, judgment by default may be rendered against the defendant for the relief demanded in the complaint. The order shall be served upon defendant together with a copy of the complaint and any supporting affidavits at least 10 days before the return date and in the manner prescribed by R. 4:4-3 and 4:4-4 for service of summons, unless the court orders a shorter or longer time or other manner of service.
(c) Hearing; Briefs. Oral testimony may be taken in the court’s discretion on the return date of the order to show cause and on the return date of defendant’s motion to dissolve or modify the temporary restraint. Briefs shall be submitted in support of the application for an interlocutory injunction.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:67-2. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (a); amended effective July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (a); amended July 9, 2008 to be effective September 1, 2008; paragraph (a); amended July 29, 2019 to be effective September 1, 2019.
Plain-English Summary
Injunctive relief starts with an order to show cause, not an automatic restraint. A plaintiff filing a complaint seeking injunctive relief may ask the court to order the defendant to explain why an interlocutory injunction shouldn't issue — but the order can include a temporary restraint issued without notice only when specific facts, shown by affidavit or verified complaint, establish that immediate and irreparable harm will probably happen before notice could be given and a hearing held.
Where a restraint does issue without notice, the defendant automatically gets leave to move for its dissolution or modification on two days' notice, and the whole order to show cause is returnable within 35 days unless extended for good cause or by the defendant's own consent. When the order to show cause doubles as the plaintiff's process, no separate summons issues — the order itself carries the plaintiff's information, the deadline to answer, and a warning about default judgment, and it must be served with the complaint and supporting affidavits at least 10 days before the return date.
Frequently Asked Questions
Can a New Jersey court issue a temporary restraining order without notice to the defendant?
Only if specific facts, shown by affidavit or verified complaint, establish that immediate and irreparable damage will probably occur to the plaintiff before notice can be given and a hearing held.
What happens if a temporary restraint issues without notice to the defendant?
The defendant automatically has leave to move for its dissolution or modification on two days' notice, or whatever other notice the court fixes.
How long is an order to show cause for an injunction returnable?
Within a time the court fixes, not exceeding 35 days after issuance, unless extended for good cause or by the defendant's consent.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:52-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: TROtemporary restraining orderorder to show cause for injunctionpreliminary injunction