UTAH Part 56

How Does One Get a Temporary Restraining Order?

The procedure for obtaining a temporary restraining order is governed by the Utah Rules of Civil Procedure 65A.  Under that rule the court can enter a TRO if the moving party can show the following:

    The applicant will suffer irreparable harm unless the order or injunction issues;

    The threatened injury to the applicant outweighs whatever damage the proposed order or injunction may cause the party restrained or enjoined;

    The order or injunction, if issued, would not be adverse to the public interest; and

    There is a substantial likelihood that the applicant will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation.