Proposed Amendment Requires Supporting Papers to Accompany TROs

Currently, the New York Civil Practice Law and Rules permit temporary restraining orders ("TROs") to be issued without notice to the opposing party – though this practice is discouraged by most judges. CPLR § 6313(a). Notice is not required  if the moving party can demonstrate that there will be significant prejudice by reason of giving the notice. Commercial Division Rule 20. When notice is required, however, there is no requirement that the movant attach the underlying papers describing the ground for issuing a TRO.In recognition that notice must be meaningful, the Administrative Board of the Courts is considering adopting an amendment to Rule 20 that would require notice to be accompanied by "copies of all supporting papers" that form the basis for issuance of a TRO. The current version of Rule 20 provides: