ARFLP Rule 48. Temporary Orders Without Notice

A.  Filing. A party seeking a temporary order without notice shall do so by filing a motion, verified or supported by affidavit, together with a proposed form of order, and a notice of hearing on the motion. The motion shall be filed after or concurrently with an initial pre-decree, post-decree or post-judgment petition. A temporary order may be granted without written or oral notice to the other party or that party’s attorney only if:

1.  it clearly appears from specific facts shown by affidavit or by the verified motion that irreparable injury will result to the moving party or a minor child of the party, or that irreparable injury, loss, or damage will result to the separate or community property of the party if no order is issued before the other party can be heard in opposition; and

2.  the moving party or the party’s attorney certifies to the court, in writing, the efforts, if any, that have been made to give the notice to the other party or the reasons supporting the claim that notice should not be required.

B.  Order. A temporary order granted without notice shall define the injury, loss, or damage and state why it is irreparable, and shall state why the order was granted without notice. Such order shall expire by its terms at the date and time set for hearing on the motion for temporary orders without notice unless extended by the court for good cause shown. A hearing shall be set on the motion for temporary orders without notice within ten (10) days from the entry of the order, unless extended by the court for good cause shown. The order and notice of hearing shall be served upon the other party as soon as possible after issuance of the order or as otherwise ordered by the court. Nothing herein shall prevent the party against whom a temporary order without notice has been issued from requesting an earlier hearing upon reasonable notice as directed by the court.

C.  Bond. No bond shall be required unless the court deems it appropriate.