University of Baltimore Law Review


Rule 65(b) of the Federal Rules of Civil Procedure provides that a temporary restraining order may issue for ten days and extend for an additional ten days #'good cause is shown. Most federal courts have held that if a TRO extends beyond twenty days without the consent of the restrained party, the TRO is transformed into a preliminary in/unction. However, since the TRO transformed into an injunction fails to satisfy the requirements of a preliminary injunction, the courts strike it as being improperly issued This comment examines this phenomenon, analyzes the conflicting positions among the circuit courts, and suggests that in certain circumstances TROs that extend beyond twenty days should remain TROs and not be transformed into invalid preliminary injunctions.

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