The first step for any good plan is to know the rules and law for TROs. While it is not critical to recall every detail, it is important to know how to quickly access them and review them with specificity every time a TRO appears on the radar. Rules 680-693 of the Texas Rules of Civil Procedure control the TRO, and later, temporary injunction processes. Forgetting something simple like verifying the application or failing to properly serve a party once the TRO has been issued and bonded may result in a failed or invalid TRO. Likewise, knowing that the legal standard for a TRO is to simply maintain the status quo will allow both presenting and responding parties to put their arguments into the proper context.1
Equally important to the Texas Rules are those local in your venue and ancillary judge(s). Oftentimes notice requirements differ among judges. Some courts may allow a responding party to simply call in to oppose a short noticed hearing. Having keen awareness of the local rules and general practices of the courts is key to any good plan. Knowing the rules, reviewing them in detail, and getting preliminary intel on the sitting ancillary judge should be the first steps anyone should take when they hear or suggest a TRO is possible.
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