Title
SEC Rules on Temporary Restraining Orders
Law
Sec
Decision Date
Mar 13, 1998
The Securities and Exchange Commission establishes rules for the issuance and handling of temporary restraining orders (TROs) to ensure prompt and fair resolution of urgent complaints, allowing for ex-parte issuance and summary hearings while prohibiting delays in the process.
A

Q&A (SEC)

These Rules apply to complaints or any initiatory pleadings filed with the Securities and Exchange Commission that contain an application for a temporary restraining order (TRO).

It should be referred to the Office of the Chairman for appropriate action. The SICD must forward an original copy of the complaint or initiatory pleading to the Office of the Chairman.

No, unless otherwise ordered, the case proceeds notwithstanding the pendency of the resolution of the application for TRO.

The dismissal renders the application for TRO moot and academic.

The Director of SICD conducts the summary hearing within 24 hours after the case records are transmitted to him.

The TRO may not exceed twenty (20) days inclusive of the seventy-two hours previously granted.

It is deemed conducted when the adverse party or counsel has been given the opportunity to oppose the TRO application orally or in writing. Failure to oppose is deemed a waiver.

Any motion that would delay resolution of the application for TRO and a Petition for Certiorari with respect to issuance of the TRO are prohibited.

Applications must be filed with the Office of the Chairman, and the same procedural rules apply.

The Hearing Officer shall decide on the application for preliminary injunction based on the evidence available in the records of the case.

They took effect fifteen (15) days after publication in a newspaper of general circulation.


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