Rule 9013-5.     Ex Parte Orders - Orders to Show Cause

          (a)     Ex Parte Orders. No ex parte order shall be granted unless based on an affidavit or motion showing cause for ex parte relief as well as cause for the relief requested and stating whether a previous application for similar relief has been made.

          (b)     Orders to Show Cause. No order to show cause to bring on a motion will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why procedure other than by notice of motion is necessary. The papers shall also state whether previous application for similar relief has been made.

          (c)     Prior Notice. Unless the purpose of an order to show cause would be defeated by prior notice, any party seeking an order to show cause which contains temporary restraining relief shall give an opposing party or, if known, counsel for an opposing party, at least 24 hours prior notice, if possible, of the presentation of the application and order and shall notify an opposing party, via counsel, if known, of the date and time of the proposed presentment of said order to show cause to the court.
 
 

Comment

          If the underlying relief for which the order to show cause is sought falls within one of the ten categories listed in FRBP 7001, the application for an order to show cause must be brought within the context of a pending, filed adversary proceeding.

          As incorporated by FRBP 7065, Fed.R.Civ.P. 65(b)(2) shall be strictly adhered to in any case in which a temporary restraining order is sought.