A Recent New Rule for Orders to Show Cause
A recent new rule (22 NYCRR 202.7) regulates ex parte temporary restraining order and must be based upon a showing of significant prejudice.
Judges are barred from granting restraining orders unless a party demonstrates a significant reason why an adversary must not know of the application in advance. Absent significant prejudice to justify obtaining an ex parte order, the attorney's must advise their adversaries of the time and place they will be asking for a restraining order. No definition of advance notice is given, It must be 'sufficient' to allow opposition.
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