New York Law (NYLE) Practice Exam

When applying for a temporary restraining order, what must a party do?

1. File without notifying the opposing party

2. Put the opposing party on notice of the application

3. Wait for a court hearing

4. Provide a written statement of the request

The correct answer is: Put the opposing party on notice of the application

When applying for a temporary restraining order (TRO), it is essential for a party to notify the opposing party of the application, which is why the selected answer is correct. This requirement is rooted in the principles of due process, ensuring that the opposing party is aware of the claims and has an opportunity to respond, even if the order is ultimately sought on an emergency basis. In many cases, temporary restraining orders are intended to provide immediate relief in situations that might cause irreparable harm, but the process still respects the rights of all parties involved. Although in certain urgent circumstances, a party may file for a TRO without prior notice to the opposing party, this is not the standard practice. Generally, providing notice promotes fairness and transparency in judicial proceedings. The other choices do not align with standard practices for obtaining a TRO. For instance, simply waiting for a court hearing without previously informing the opposing party does not reflect the immediacy of the request nor the legal framework that emphasizes timely communication. Additionally, providing a written statement of the request, while often necessary, is part of the application but does not encapsulate the critical action of notifying the other party, which is fundamental in the process. Thus, the requirement to put the opposing party on notice