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History
- Referred to judiciary
- Referred to judiciary
Full text
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Sponsor's memo
BILL NUMBER:S2156
Title of bill
An act to amend the civil practice law and rules, in relation to temporary restraining orders
Purpose
To require timely judicial action after the granting of a temporary restraining order ("TRO") so that the TRO does not become a de facto preliminary injunction due to the lack of judicial action.
Summary of provisions
Section one of the bill amends section 6313(a) of the Civil Practice Law and Rules regarding temporary restraining orders ("TROs"). This bill would require the Court issuing a TRO to hold a hearing on the preliminary injunction application within 10 days of granting the TRO. If the hearing is not held within 10 days, the TRO is vacated and another TRO cannot be granted. The hearing may not be adjourned unless the party against whom the TRO has been issued consents to the adjournment. If the hearing is held within 10 days, but the Court does not make a determination on the preliminary injunction application at the time of the hearing, the TRO will not be extended unless party seeking the TRO posts a bond.
Section two of the bill provides that this act shall take effect on the thirtieth day after it shall have become a law.
Existing law
Currently, once a Court has issued a temporary restraining order, the return date for the preliminary injunction hearing must be at the earliest possible time.
Justification
This bill is designed to clarify the current law and work within the spirit of the law. The idea behind the temporary restraining orders is that they are supposed to be used for a short period of time. By requiring that judicial action take place within the 10 days, the parties can be assured that the issue will be finally resolved in a reasonable period of time. Additionally, by requiring the posting of bonds should a side lose, both sides can be made whole at the completion of the legal proceedings.
Prior legislative history
2013-4: S.4423 - Referred to Judiciary 2011-2: S.4034 - Referred to Judiciary
Fiscal implications
No direct impact to the state
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.