Md. R. Spec. Proc. 15-504

As amended through September 13, 2024

Rule 15-504 - Temporary Restraining Order

(a)Standard for Granting. A temporary restraining order may be granted only if (1) it clearly appears from specific facts shown by affidavit or other statement under oath that immediate, substantial, and irreparable harm will result to the person seeking the order before a full adversary hearing can be held on the propriety of a preliminary or final injunction, and (2) the court examines and makes appropriate findings regarding:

(A) the likelihood that the moving party will succeed on the merits;

(B) the balance of harm to each party if relief is or is not granted;

(C) whether the moving party will suffer irreparable injury unless the order is granted; and

(D) a determination that granting the order is not contrary to the public interest.

(b)Without Notice. A temporary restraining order may be granted without written or oral notice only if the applicant or the applicant's attorney certifies to the court in writing, and the court finds, that specified efforts commensurate with the circumstances have been made to give notice. Before ruling, the judge may communicate informally with other parties and any other person against whom the order is sought or their attorneys.

(c)Contents and Duration. In addition to complying with Rule 15-502(e), the order shall (1) contain the date and hour of issuance; (2) define the harm that the court finds will result if the temporary restraining order does not issue; (3) state the basis for the court's finding that the harm will be irreparable; (4) state that a party or any person affected by the order may apply for a modification or dissolution of the order on two days' notice, or such shorter notice as the court may prescribe, to the party who obtained the order; and (5) set forth an expiration date, which shall be not later than ten days after issuance for a resident and not later than 35 days after issuance for a nonresident. The order shall be promptly filed with the clerk. On motion filed pursuant to Rule 1-204, the court by order may extend the expiration date for no more than one additional like period, unless the person against whom the order is directed consents to an extension for a longer period. The order shall state the reasons for the extension.

(d)Service; Binding Effect. A temporary restraining order shall be served promptly on the person to whom it is directed, but it shall be binding on that person upon receipt of actual notice of it by any means.

(e)Denial. If the court denies a temporary restraining order, the clerk shall note the denial by docket entry in accordance with Rule 2-601(b).

(f) Modification or Dissolution. A party or person affected by the order may apply for modification or dissolution of the order on two days' notice to the party who obtained the temporary restraining order, or on such shorter notice as the court may prescribe. The court shall proceed to hear and determine the application at the earliest possible time. The party who obtained the temporary restraining order has the burden of showing that it should be continued.

Md. R. Spec. Proc. 15-504

This Rule is derived from former Rules BB72, 73, and 79, and the 1987 version of Fed. R. Civ. P. 65(b).

Adopted June 5, 1996, eff. 1/1/1997. Amended Nov. 12, 2003, eff. 1/1/2004; amended March 30, 2021, eff. 7/1/2021.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure BB72, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended June 30, 1973, eff. July 1, 1973, related to ex parte injunctions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BB73, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to denial of ex parte injunctions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BB79, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974, related to motions to modify or dissolve injunctions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Cross reference: See Fuller v. Republican Cent. Comm., 444 Md. 613, 635-636 (2015). For an exception pertaining to governmental parties, see State Dep't v. Baltimore County, 281 Md. 548, 557 (1977).