New York Law (NYLE) Practice Exam

A party applying for a temporary restraining order must:

1. Put the opposing party on notice of the application in all cases.

2. Put the opposing party on notice only if directed by the court.

3. Notify the opposing party only for Commercial Division matters.

4. Never put the opposing party on notice.

The correct answer is: Put the opposing party on notice of the application in all cases.

When applying for a temporary restraining order (TRO), it is essential for a party to put the opposing party on notice of the application in most circumstances. This requirement is fundamental to ensuring that the opposing party has an opportunity to respond and defend their interests. Notice serves as a critical element of due process, allowing the other party to be informed about the legal action being taken against them. In certain urgent situations, there can be exceptions where a party may seek a TRO without prior notice, if showing that such notice would result in irreparable harm. However, this situation requires a substantial justification and the applicant must convince the court of the necessity to proceed without notifying the opposing party. This means notice is the default requirement in most cases, thus supporting why the assertion that notification is needed in all cases is correct. The other options weakly define scenarios that misinterpret the typical legal standard regarding notice. For example, only notifying when directed by the court or limiting notification to specific commercial matters does not reflect the general rule that parties should be informed of legal actions affecting their rights. Not giving notice at all contradicts the principles of natural justice and proper legal procedures.