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Louisiana Code of Civil Procedure Tit. I, Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts

Current as of January 01, 2023 | Updated by Findlaw Staff

A. A temporary restraining order shall be granted without notice from the court when all of the following occur:

(1) It clearly appears from specific facts shown by a verified petition, by supporting affidavit, or by affirmation as provided in Article 3603.1(C)(3) that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition.

(2) The applicant's attorney certifies to the court in writing the efforts that have been made to give notice or the reasons supporting the applicant's claim that notice should not be required.

B. The verification or the affidavit may be made by the plaintiff, or by his counsel, or by his agent.

C. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.

D. The plaintiff's assertion by affidavit that the plaintiff is being denied the use or enjoyment of immovable property in which the plaintiff has an ownership, possessory, or lease interest by a person without a legal interest in the property shall be sufficient to justify the issuance of a temporary restraining order without notice.

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Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. I, Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-i-art-3603/

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