Two Tools for Different Emergencies

When a competitor solicits your sales force, a former partner takes confidential client lists, or a counterparty starts dissipating assets, you typically have hours or days, not weeks. Nevada's emergency-equitable-relief framework offers two tools: the temporary restraining order (TRO) and the preliminary injunction. They look similar but operate very differently.

TRO: 14 Days of Emergency Cover

A TRO under NRCP 65(b) can be issued ex parte (without notice to the other side) if you can show immediate and irreparable harm before the other side can be heard. It lasts 14 days, extendable once for another 14, and is intended to preserve the status quo until a preliminary-injunction hearing can be held.

• Filed with a verified complaint and supporting affidavit
• Bond required as a condition of the order
• Lasts 14 days (extendable to 28)
• Sets a fast-tracked PI hearing date (usually within 10–14 days)

Preliminary Injunction: The Real Battleground

A preliminary injunction lasts until the case is resolved on the merits — months or years. Nevada courts apply the four-factor test: likelihood of success on the merits, likelihood of irreparable harm without relief, balance of hardships, and the public interest.

PI hearings are mini-trials. Both sides put on evidence (declarations and live testimony), the court rules on the motion, and the order shapes the rest of the case. Most commercial cases settle within 60 days of a PI ruling — winning the PI usually means winning the case.

Choosing the Right Tool

If your harm is happening right now and the other side hasn't yet been put on notice, TRO first, then PI hearing. If you have a few days and notice can be given, skip the TRO and go straight to a PI motion (it's cheaper, less likely to be vacated on appeal, and starts the substantive battle sooner).

The Bond Question

Nevada courts almost always require a bond as a condition of TRO or PI relief. The bond protects the enjoined party in case the injunction was wrongful. Bond amounts in commercial cases routinely run $25,000–$250,000. Counsel should be prepared to address the bond at filing — not afterward.