1. Generally. If, on a motion for a preliminary injunction, the claiming authority shall show that immediate and irreparable injury, loss or damages may result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible time. 2. Service. Unless the court orders otherwise, a temporary restraining order together with the papers upon which it was based, and a notice of hearing for the preliminary injunction, shall be personally served in the same manner as a summons.
§ 1335.Temporary restraining order
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceAllows a court to grant a temporary restraining order without notice when immediate irreparable injury would occur before a preliminary-injunction hearing, requires the court to schedule that hearing promptly, and mandates personal, summons-style service of the order, papers, and hearing notice.
Full Text of CPLR 1335
Plain-English Summary
Section 1335 fills the gap between filing a forfeiture action and getting a full preliminary-injunction hearing. If the claiming authority shows that immediate and irreparable injury, loss, or damage may occur before a hearing can happen, the court can issue a temporary restraining order without giving the defendant advance notice. That is the one piece of injunctive relief under this article that can issue ex parte.
The trade-off for that speed is a fast follow-up. The moment a court grants a TRO, it must also set the preliminary-injunction hearing for the earliest possible time, so the order without notice does not linger unchecked.
Service closes the loop. Unless the court directs otherwise, the TRO, the papers the claiming authority used to obtain it, and the notice of the injunction hearing must all be served on the defendant personally, the same way a summons is served -- giving the defendant real notice of both the restraint already in place and the chance to be heard against it.
Frequently Asked Questions
Can a temporary restraining order in a forfeiture case be issued without telling the defendant?
Yes. Section 1335 lets a court grant a TRO without notice when immediate and irreparable injury, loss, or damage may occur before a hearing can be held.
How quickly must the preliminary-injunction hearing happen after a TRO issues?
The court must set the hearing for the earliest possible time as soon as it grants the temporary restraining order.
How must the TRO be served on the defendant?
Personally, in the same manner as a summons, along with the papers the claiming authority used to obtain it and the notice of the injunction hearing, unless the court orders a different method.
Can the court change how the TRO is served?
Yes -- the personal, summons-style service requirement applies unless the court orders otherwise.
What must the claiming authority show to get a TRO instead of waiting for the preliminary-injunction hearing?
That immediate and irreparable injury, loss, or damages may occur if the defendant is not restrained before the hearing can take place.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1335 temporary restraining orderforfeiture TRO New Yorkex parte restraining order forfeitureCPLR article 13-A TRO service