Chambers Handbook for Judges - Federal Judicial Center

issued that can serve as guides. The judge may instead direct one of the
parties to prepare the order for court approval. See infra section 7-2.F.6.
After an order ruling on the motion has been signed, it is sent to the
office of the clerk of court, where appropriate record entries are made.
The clerk’s office then notifies all attorneys of record of the ruling by
the court and usually sends them a photocopy of the order.
Matters taken under submission must be carefully followed to be
sure they are decided as promptly as possible. The secretary or law clerk
should keep a list of matters under submission, deleting cases as the
ruling on each is completed.
H. Temporary Restraining Orders
The procedural rules governing applications for temporary restraining
orders are set forth in Federal Rule of Civil Procedure 65. When such
orders are sought, plaintiff’s counsel may assert that the matter is of
such urgency as to require an ex parte restraining order, that is, without
prior notice to or opportunity to be heard by the defendant. If the
judge is not in chambers at the time, the plaintiff’s counsel may exhort
the law clerk or secretary to bring the order to the judge in open court,
or to locate the judge, or to assist in some other way. The chambers
staff should inquire about the judge’s policy on such emergency inquiries
so as to be prepared to handle them.
Most district judges will not sign requests for ex parte temporary
restraining orders except in dire emergencies where the exigencies of
the situation do not permit the opposing party to be heard, and then
only after full compliance with Rule 65(b). If a lawyer comes to the
chambers asking to see the judge about signing an ex parte temporary
restraining order, some judges may wish their chambers staff to do the
following:
• Advise the lawyer that the judge does not ordinarily sign temporary
restraining orders without hearing what the lawyer for
the other side has to say. This may be done by arranging for the
judge to see both counsel in person or by a telephone conference,
depending on the judge’s policy. The staff should communicate
32 Chambers Handbook for Judges’ Law Clerks and Secretaries