Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 65 governs preliminary injunctions and temporary restraining orders, setting the notice, evidence, time limits, and bond requirements a court must follow before ordering someone to do or stop doing something while a case is pending.
(1)Notice. No preliminary injunction shall be issued without notice to the adverse party.
(2)Hearing; Consolidation of Hearing With Trial on Merits. An application for a preliminary injunction shall be heard on evidence or affidavits or both at the discretion of the court. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application.
(b)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 certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance and shall expire by its terms within such time after entry, not to exceed ten (10) days, as the court fixes, unless within the time so fixed the order, for good cause shown, and after hearing of argument by the parties or attorneys, is extended for like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of 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 preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On two (2) days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, 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.
If an application for a temporary restraining order without notice to the adverse party is made to and denied by one judicial officer of the court, such application shall not again be made to any other judicial officer unless there is a material change in circumstances. The judicial officer to whom such application was originally presented shall note the judicial officer's action in the case file containing such application.
(c)Security. Upon the issuance of a restraining order or preliminary injunction the court may order 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.
A surety upon a bond or undertaking under this rule submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's 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 clerk of the court who shall forthwith send copies to the persons giving the security if their addresses are known.
(d)Form and Scope of Injunction or Restraining Order. Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail 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.
(e)Labor Disputes. These rules are subject to any statutory provisions relating to temporary restraining orders or injunctions in actions involving labor disputes.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 65 covers two related tools for stopping harm before a case is finally decided: the preliminary injunction, which requires notice to the other side and a hearing on evidence, affidavits, or both, and the temporary restraining order, which can issue on an emergency basis without notice. The court can even fold the preliminary injunction hearing into the trial on the merits if it chooses.
A TRO without notice is available only in narrow circumstances: an affidavit or verified complaint must show that immediate and irreparable injury will happen before the other side could be heard, and the applicant’s attorney must certify in writing what efforts, if any, were made to give notice and why notice should be excused. Every such order must be time-stamped and expires within whatever period the court sets, capped at ten days, unless extended for a like period for good cause after argument, or for longer if the restrained party agrees. Once a no-notice TRO issues, the preliminary injunction hearing must be set at the earliest possible time and takes priority over everything but older matters of the same kind; if the applicant does not follow through, the court dissolves the TRO. The restrained party can move to dissolve or modify the order on two days’ notice, or less if the court allows it. And if one judicial officer denies a no-notice TRO request, the applicant cannot ask a different judge unless circumstances have materially changed — the denial gets noted in the case file.
Before issuing a restraining order or preliminary injunction, the court can require the applicant to post security to cover costs and damages if it later turns out someone was wrongfully enjoined. Any surety on that security submits to the court’s jurisdiction, appoints the clerk as an agent for service, and can have liability enforced by motion rather than a separate lawsuit.
Every injunction or restraining order has to be specific and describe the restrained act or acts in reasonable detail, and it only binds the parties, their officers, agents, servants, employees, and attorneys, plus anyone else acting with them who has actual notice. Injunctions in labor disputes remain subject to whatever separate statutes apply.
Frequently Asked Questions
What is the difference between a TRO and a preliminary injunction under this rule?
A temporary restraining order can be issued without notice to the other side in an emergency, based on an affidavit or verified complaint showing immediate irreparable harm. A preliminary injunction requires notice and a hearing, and is meant to hold the situation in place for longer while the case proceeds.
How long does a temporary restraining order last?
It expires within the time the court sets, which cannot exceed ten days, unless it is extended for a like period for good cause after a hearing, or for longer if the restrained party consents.
If a judge denies my request for a TRO without notice, can I ask a different judge?
No, not unless there has been a material change in circumstances. The judge who denied the request notes that action in the case file, and the rule bars trying another judicial officer.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 65). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:preliminary injunctiontemporary restraining orderTROemergency court order to stop someonerestraining order rhode islandinjunction bondstop someone from doing something pending lawsuit