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To: Lurking Libertarian

First year law student? FDLMAO...Puhleeeze


A “Temporary Restraining Order” is ordinarily issued after an “ex parte appearance” (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places.

A Temporary Restraining Order becomes effective only once it has been served on the restrained person (so s/he has notice and can seek an opportunity to be heard). In addition to the Temporary Restraining Order, an “Order to Show Cause” hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a more “permanent” restraining order should or should not be issued.

Temporary Restraining Orders usually can be issued the same day they are requested and remain in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to occur within 15 or 20 days.


Her case was not heard. Nor were the issues addressed. Nor was the Order to show cause scheduled. It was summarily dismissed. In violation of the states rules.

For a law student, you seem to forget those facts.
eh...would you like fries with that mistake?


22 posted on 09/17/2009 12:35:54 PM PDT by etraveler13
[ Post Reply | Private Reply | To 15 | View Replies ]


To: etraveler13
Her case was not heard. Nor were the issues addressed. Nor was the Order to show cause scheduled. It was summarily dismissed.

What are you talking about? The motion was heard, with Orly and her client both present, on the day it was scheduled for. Orly claims that her client had a right to trial by jury, but there are no juries in injunction cases.

In violation of the states rules.

State rules don't apply in federal court. The procedure applied here was in conformity with the federal rules.

For a law student, you seem to forget those facts.

I haven't been a law student for a long time. I have been a practicing lawyer for more than 30 years.

eh...would you like fries with that mistake?

What mistake is that?

33 posted on 09/17/2009 1:03:48 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 22 | View Replies ]

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