Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 65 governs how courts issue preliminary injunctions and temporary restraining orders, including notice, security, and what every such order must contain.
(1)Notice. — The court may issue a preliminary injunction only on notice to the adverse party.
(2)Consolidating the Hearing with the Trial on the Merits. — Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party’s right to a jury trial.
(1)Issuing Without Notice. — The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
(A)specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B)the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.
(2)Contents; Expiration. — Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry — not to exceed 14 days — that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.
(3)Expediting the Preliminary-Injunction Hearing. — If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.
(4)Motion to Dissolve. — On 2 days’ notice to the party who obtained the order without notice — or on shorter notice set by the court — the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.
(c)Security. — The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
(d)Contents and Scope of Every Injunction and Restraining Order. —
(1)Contents. — Every order granting an injunction and every restraining order must:
(A)state the reasons why it issued;
(B)state its terms specifically; and
(C)describe in reasonable detail — and not by referring to the complaint or other document — the act or acts restrained or required.
(2)Persons Bound. — The order binds only the following who receive actual notice of it by personal service or otherwise:
(A)the parties;
(B)the parties’ officers, agents, servants, employees, and attorneys; and
(C)other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).
(e)When inapplicable. — This rule shall not apply to suits for divorce, alimony, separate maintenance, or custody of minors.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
A preliminary injunction can only issue after the adverse party gets notice — there is no shortcut around that requirement. Because the evidence at a preliminary-injunction hearing often overlaps heavily with the evidence at trial, Rule 65 lets the court advance the trial on the merits and consolidate it with the injunction hearing, before or even after that hearing has started. Even without full consolidation, admissible evidence received at the hearing becomes part of the trial record and doesn’t need to be presented again later, though the court must still preserve any party’s right to a jury trial.
A temporary restraining order works differently, because it can issue without notice to the other side at all — but only in narrow circumstances. The movant needs an affidavit or verified complaint showing specific facts that immediate and irreparable injury will happen before the adverse party can be heard, plus a written certification from the movant’s attorney about what notice efforts were made and why more notice shouldn’t be required. A TRO issued this way must spell out when it was issued, describe the injury and why it’s irreparable, and explain why notice was skipped; it expires within 14 days unless extended for good cause or by the adverse party’s consent, and the preliminary-injunction hearing must be set as soon as possible. The adverse party can also move to dissolve or modify the TRO on two days’ notice.
Whether it’s a TRO or a preliminary injunction, the movant has to post security to cover costs and damages if the order turns out to have been wrongful, and the order itself has to state why it issued, spell out its terms specifically, and describe the restrained or required acts in detail rather than by pointing back to the complaint. The order binds the parties, their officers, agents, and attorneys, and anyone else acting in concert with them who gets actual notice. One notable carve-out: Rule 65 does not apply to divorce, alimony, separate maintenance, or child custody cases.
Frequently Asked Questions
What is the difference between a TRO and a preliminary injunction?
A TRO can be issued quickly, sometimes without notice to the other side, to prevent immediate harm, and it lasts no more than 14 days unless extended. A preliminary injunction requires notice to the adverse party and is meant to hold the situation in place for a longer stretch, often through trial.
Can a court issue a TRO without telling the other side first?
Yes, but only if an affidavit or verified complaint shows specific facts of immediate and irreparable injury before the other side could be heard, and the movant’s attorney certifies what notice efforts were made and why more notice wasn’t required.
How long does a temporary restraining order last?
No more than 14 days after entry, unless the court extends it once for good cause or the adverse party agrees to a longer extension. Any extension and its reasons must be entered in the record.
What must an injunction or restraining order say to be valid?
It must state the reasons it issued, spell out its terms specifically, and describe the restrained or required acts in reasonable detail, without pointing back to the complaint or another document.
Does Rule 65 apply to divorce or child custody cases?
No. Rule 65(e) says this rule does not apply to suits for divorce, alimony, separate maintenance, or custody of minors.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as:TROtemporary restraining orderpreliminary injunctionemergency injunctionmotion for injunctionrestraining order requirements