Group 8: Provisional and Final Remedies · Last amended September 19, 2023 · Last verified July 13, 2026
In one sentenceRule 65 governs Washington's temporary restraining orders and preliminary injunctions, requiring notice for a preliminary injunction, permitting a TRO without notice only on a strict showing of immediate irreparable injury, capping an ex parte TRO at 14 days, and demanding security and specificity for any restraining order that issues.
(1)Notice. No preliminary injunction shall be issued without notice to the adverse party.
(2)Consolidation of hearing with trial on merits. 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. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subsection shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(b)Temporary restraining order; notice; hearing; duration. A temporary restraining order may be granted without written or oral notice to the adverse party or the adverse 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 his 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 applicant’s claim that notice should not be required. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a 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 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 preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On 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.
(c)Security. Except as otherwise provided by statute, no restraining order or preliminary injunction shall issue 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. No such security shall be required of the United States or of an officer or agency thereof or of an Indian tribe within the State of Washington with a governing body duly recognized by the United States Secretary of Interior or of an officer or agency thereof. Pursuant to RCW 4.92.080 no security shall be required of the State of Washington, municipal corporations or political subdivisions of the State of Washington.
The provisions of rule 65.1 apply to a surety upon a bond or undertaking under this rule.
(d)Form and scope. 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.
(e)Statutes. These rules are intended to supplement and not to modify any statute prescribing the basis for obtaining injunctive relief. These rules shall prevail over statutes if there are procedural conflicts.
Amendment History
Adopted May 5, 1967, effective July 1, 1967; amended, adopted April 9, 1974, effective July 1, 1974; amended, adopted Dec. 2, 1980, effective Jan. 1, 1981; amended, adopted June 12, 1989, effective Sept. 1, 1989; amended, effective April 28, 2015; amended September 7, 2023, effective September 19, 2023.
Plain-English Summary
When someone needs a court to stop conduct right now, before a full hearing can happen, Rule 65 supplies the framework. It separates two tools that get used together but aren't the same thing: the temporary restraining order, meant for an emergency that can't wait for notice to the other side, and the preliminary injunction, meant to hold the situation steady while the case proceeds toward trial.
A preliminary injunction always requires notice to the adverse party — Rule 65(a)(1) is direct about that. A TRO is the narrow exception, and the rule keeps it narrow on purpose. To get one without notifying the other side, the applicant needs specific facts, shown by affidavit or a verified complaint, establishing that immediate and irreparable injury will happen before the adverse party could be heard, plus the applicant's attorney must certify in writing what efforts were made to give notice and why notice shouldn't be required. Once issued, a no-notice TRO must carry the date and hour of issuance, get filed and entered of record right away, state the injury and why it's irreparable, explain why no notice was given, and expire on its own terms within a period the court sets that cannot exceed 14 days — though the court can extend it once for a like period on good cause, or longer if the restrained party agrees. The rule also forces the case to keep moving: the preliminary injunction motion has to be set for the earliest possible hearing, ahead of most other matters, and if the applicant doesn't pursue it the court dissolves the TRO. The restrained party isn't left waiting, either — on 2 days' notice, or less if the court allows it, they can move to dissolve or modify the order before that hearing ever arrives.
Security backs up both kinds of orders. Rule 65(c) requires the applicant to post security in whatever amount the court finds proper, to cover costs and damages if it turns out the restrained party was wrongfully enjoined — with exceptions carved out for the United States and its officers or agencies, for a recognized Indian tribe within Washington and its officers or agencies, and, under RCW 4.92.080, for the State of Washington and its municipal corporations and political subdivisions. Rule 65.1 then governs how a surety on that security gets held to account.
Whatever order finally issues has to do real work on paper. Rule 65(d) requires the order to state its reasons, be specific in its terms, and describe the restrained act or acts in reasonable detail rather than by pointing back to the complaint. It binds the parties, their officers, agents, servants, employees, and attorneys, plus anyone else acting in concert with them who gets actual notice. And under Rule 65(e), these procedures supplement rather than override any statute that creates a right to injunctive relief — except that where the rule and a statute conflict on procedure, the rule controls.
Frequently Asked Questions
What do I need to show to get a TRO without notifying the other side?
Specific facts, established by affidavit or a verified complaint, showing immediate and irreparable injury, loss, or damage will occur before the adverse party can be heard in opposition, plus a written certification from the applicant's attorney describing the efforts made to give notice and the reasons notice shouldn't be required.
How long can a no-notice TRO last?
It expires by its own terms within whatever period the court fixes, not to exceed 14 days, unless the court extends it once for a like period on good cause shown, or the restrained party consents to a longer extension. The reasons for any extension must be entered of record.
Can I get a preliminary injunction without telling the other side?
No. Rule 65(a)(1) states plainly that no preliminary injunction may issue without notice to the adverse party. Only a TRO can issue without notice, and only on the showing described above.
Is a bond required to get a TRO or preliminary injunction in Washington?
Generally yes. Rule 65(c) requires the applicant to give security in an amount the court sets, unless a statute provides otherwise or the party is exempt — the United States and its officers or agencies, a recognized Indian tribe in Washington and its officers or agencies, or, under RCW 4.92.080, the State of Washington and its municipal corporations and political subdivisions.
What happens after a court grants a TRO without notice?
The motion for a preliminary injunction must be set down for the earliest possible hearing, taking precedence over other matters except older matters of the same kind. If the party who obtained the TRO doesn't proceed with that motion, the court dissolves the TRO.
Can the restrained party fight back before the scheduled hearing?
Yes. On 2 days' notice to the party who obtained the TRO — or on shorter notice the court allows — the adverse party may appear and move to dissolve or modify it, and the court must hear that motion as quickly as the interests of justice require.
What must an injunction or restraining order say?
Under Rule 65(d), it must state the reasons for its issuance, be specific in its terms, and describe the restrained act or acts in reasonable detail — not by pointing back to the complaint or another document. It binds only the parties, their officers, agents, servants, employees, and attorneys, and anyone in active concert with them who receives actual notice.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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