______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
,
Plaintiff, ORDER RE: PROCEDURES FOR
EMERGENCY MOTION
vs.
Civil Case No. : CV DAK
,
Judge Dale A. Kimball
Defendant(s).
On ________________, Plaintiff filed a Motion for Temporary Restraining Order and/or
Preliminary Injunction. [If applicable: This case was assigned to the undersigned judge on
___________.] In order to facilitate a prompt resolution of the motion and encourage
communication between the court and parties, the court instructs counsel as to its procedures for
emergency motions as follows:
A. Ex Parte Temporary Restraining Order
The court will rarely entertain requests for an ex parte order. In the rare instances in
which such procedures are justified, counsel must closely adhere to all of the requirements of
Federal Rule of Civil Procedure 65(b) and call chambers for further procedures.
B. Notice to Defendant
In all other circumstances, counsel must serve the motion upon Defendant(s). The court
will not schedule a hearing on the motion until Plaintiff files a proof of service of the motion on
Defendant(s).
C. Hearing on Motion
(1) Expedited
If Plaintiff desires that the briefing and/or hearing on the motion be expedited, Plaintiff
must file a Motion to Expedite Briefing and/or Hearing within one day of the date of this Order,
informing the court of the reasons why the regular briefing deadlines should be shortened and
identifying any date by which the motion must be decided. The motion to expedite must also
contain: (1) a proposed expedited briefing schedule for the motion; (2) an explanation of the type
of hearing that is necessary on the motion (e.g., evidentiary or legal arguments); (3) an estimate
of the amount of time necessary for the hearing; and (4) a statement as to whether Plaintiff’s
counsel has been in contact with counsel for Defendant(s) and/or whether counsel knows if
Defendant has counsel.
The court will not schedule an expedited hearing until the party has complied with these
conditions. Counsel do not need to provide the court with a proposed order on the Motion to
Expedite. The court will enter its own Order. At the time the court enters an Order on the
Motion to Expedite, if there has been no Notice of Appearance filed by counsel on behalf of
Defendant(s), Plaintiff must serve the court’s Order on Defendant(s) within 24 hours. To the
extent that counsel for a Defendant wishes to oppose a motion to expedite, they should be aware
that the court will issue a ruling as soon as practicable given the request for expedited
consideration and the opposing party’s regular time for opposing a motion is not applicable.
Counsel for an opposing party should inform the court of their opposition as soon as possible.
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(2) Regular Timing
If counsel does not desire an expedited hearing, DUCivR 7-1 provides that motions filed
pursuant to Rule 65 of the Federal Rules of Civil Procedure must be opposed within 14 days after
service of the motion or within such time as allowed by the court. A reply memorandum is
discretionary and may be filed within 14 days of service of the memorandum opposing the
motion. If the court does not receive a Motion to Expedite, it will assume that the deadlines in
DUCivR 7-1 apply. Within one day of the filing of the reply memorandum, the parties shall
inform the court whether the hearing will be an evidentiary hearing with witnesses or only legal
arguments, the number of witnesses the party intends to call, and the length of time the party
believes is necessary for the hearing.
(3) Witness Testimony
In general, the court believes that the most efficient procedure with respect to witness
testimony in support of a motion for preliminary injunction is to have direct witness testimony
submitted in a declaration in connection with the briefing of the motion. If the opposing party
wishes to cross-examine a witness, the witness should be present and available to testify at the
hearing. The court understands, however, that every motion for preliminary injunction is unique.
The parties should communicate regarding the most beneficial and efficient approach for witness
testimony in their given case.
D. Proposed Injunction or Restraining Order
Plaintiff shall file a proposed Preliminary Injunction or Temporary Restraining Order for
the court that complies with Rule 65(d) of the Federal Rules of Civil Procedure and states the
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reasons for issuance of the order, its specific terms, a description of the act or acts restrained or
required, and the persons bound by the order.
DATED this ____day of ___________, 2019.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
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