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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112774
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I purchased the transcript from the final TRO hearing in a

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I purchased the transcript from the final TRO hearing in a trade secrets case, to confirm that the judge did not give the defense any time to read or oppose the terms of the TRO. The defense was handed a copy after the judge asked if the defense had seen the proposed TRO. The defense attorney stated he had not reviewed it. Previously the judge had granted the plaintiff's attorney an extra day to read the defense's opposition papers.

Can the defense move to have the terms of the TRO modified based on this lack of time to read or oppose the proposed terms?
The defendant can move to vacate the TRO or have it modified, since it is only temporary and not permanent. You would need to show your good cause as to why the terms need to be modified, such as it is overly burdensome and causing losses for which monetary compensation cannot make up for or that the terms are not reasonable and necessary to accomplish the objectives of the plaintiff.


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