PLG Attorney Tony Paganelli shares a practitioner's checklist for litigating injunctions

When you find yourself litigating an injunction, time is short and stakes are high. Judges see emergency motions as disruptions to their calendars, not invitations to try your case. You get one quick chance to make a clear, credible, and narrowly tailored ask. These are the lessons that matter most.

Moving for a Temporary Restraining Order (TRO)

1. Begin with the end in mind.

A TRO hearing isn’t a trial—it’s about urgency, status quo, and irreparable harm. Likelihood of success comes fourth, not first. Too many lawyers try to win their case at the TRO stage and lose credibility when they can’t explain why money damages won’t suffice later. Focus on why immediate action is necessary, not why you’re right on the merits.

2. Give notice—and more of it than you think you should.

Indiana Trial Rule 65(B) allows ex parte TROs only in rare circumstances where notice itself would cause harm. Your motion must include a written certification of efforts to notify the other side. “Drive-by notice” no longer flies. Unless it’s a true emergency, email opposing counsel the afternoon before, tell them you’ll be in court first thing in the morning, and document it. Judges appreciate transparency.

3. Respect the court’s time.

Show up early, prepared, and polished. Your motion should be clean, focused, and persuasive enough to justify interrupting a judge’s day. Sloppy drafting signals a sloppy case. And never, ever ask for a TRO on Friday afternoon. It looks sneaky, and you’ll likely spend Monday morning defending a motion to dissolve it.

4. Think ahead about the bond.

Under Indiana Trial Rule 65, a bond isn’t optional. Have a number ready and a plan for how your client will post it—cash, surety, or letter of credit. Asking for an unrealistically low bond hurts credibility. The judge should see that you’ve thought through the practicalities of your request.

5. Bring your client, your witnesses, and a proposed order.

If your client can’t make the hearing, how urgent can the relief really be? Judges want to see the people who claim irreparable harm. Bring a short, focused proposed order ready for signature; include findings, bond terms, and the conduct to be restrained. If you win, you’ll need something signed immediately.

6. Keep it simple and concise.

You should be able to present your argument in five minutes—ten at the very most. The judge is already juggling a crowded docket. Clarity wins. Leave behind the rest in a short, well-organized brief.

7. Know your rules, facts, and backup plan.

Trial Rule 65 is a minefield. Make sure you’ve addressed every required element and have admissible evidence—not just argument—to support your motion. And if your assigned judge is unavailable, be ready with a Rule 65(A) affidavit explaining why you sought another judge.

8. Remember what TROs can and can’t do.

A TRO preserves the status quo; it forbids conduct, it doesn’t compel it. Don’t ask a court to order affirmative performance, like closing a deal or turning over property. That’s mandatory relief, and it doesn’t belong in a TRO.

Opposing a TRO Application

9. Demand to be heard.

When you get notice—no matter how short—immediately tell the moving party and the court that you want to be heard. Even appearing by phone can prevent a one-sided order. Judges want to know the other side had a chance to speak, and your presence, even briefly, can make the difference.

10. Focus on irreparable harm (or the lack of it).

This is the critical issue. If the plaintiff can be made whole by money damages, there’s no irreparable harm and no TRO. Hammer that point home.

11. Argue for a serious bond.

If you can’t stop the order, make it expensive—maybe so expensive that the plaintiff can’t afford it. Show the court how much harm your client will suffer if wrongly enjoined and use those numbers to justify a higher bond. If the plaintiff can’t afford it, the injunction may dissolve itself.

12. Use the rules to your advantage.

If a TRO was entered without proper notice, findings, or bond, move to dissolve it on two days’ notice under Rule 65(B). The rulebook cuts both ways—learn to wield it.

Litigating a Preliminary Injunction (PI)

13. Treat the PI hearing like a trial.

A PI hearing is a live evidentiary proceeding, and evidence admitted there carries over to trial. This is where likelihood of success really matters. Prepare witnesses, exhibits, and your record for appeal. Judges take these hearings seriously, and so should you.

14. Consider expediting the merits.

This is a nuclear option. Trial Rule 65(A)(2) allows a court to consolidate the PI hearing with the trial on the merits. If you’re confident and your opponent isn’t ready for a full trial, request consolidation. It can end the case faster and save your client time and money.

15. Keep the elements in balance.

Even at the PI stage, success on the merits isn’t enough. You still must prove irreparable harm, an inadequate remedy at law, a favorable balance of harms, and that the injunction serves the public interest. Miss one, and you lose.

16. Don’t forget the bond—again.

Just because a TRO converted to a PI doesn’t mean the bond carries forward automatically. Ask to continue it or adjust the amount. If you’re opposing, it’s another chance to argue that the bond should be larger to protect your client.

17. Push for expedited discovery.

The rules permit it, and it can make or break your preparation. Tie discovery deadlines to the hearing date—e.g., responses due 14 days before the hearing, not after service. The sooner you get documents and testimony, the stronger your presentation.

18. Write a clear, organized brief.

Judges digest massive amounts of material in injunction cases. A crisp, well-written brief—short on rhetoric, long on authority—will help them understand your position quickly and remember it when drafting the order.

19. When all else fails, appeal.

Under Appellate Rule 14(A)(5), an order granting or denying a preliminary injunction is immediately appealable. If you’re the losing party, decide quickly whether to seek a stay or post a bond to suspend enforcement during appeal.

Final Thoughts

Injunctions move fast, and so should you. The lawyer who’s prepared, credible, and concise usually wins. Understand what the rules require, anticipate the court’s concerns, and never forget that your audience—a judge handling an emergency motion on short notice—wants clarity, not drama.