OHIO Part 52

The request for a TRO and a Preliminary Injunction are governed in Ohio by Ohio Rule of Civil Procedure 65. The Ohio rule tracks the Federal Rule of Civil Procedure and the analysis is similar. According to the Ohio rule, a party may request a TRO without having notified the other party or its counsel, if it clearly appears that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard in opposition. This is a pretty high standard and, in practice, some courts will not grant a request for a TRO absent notification to the other party and an opportunity to be heard.