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Rule 681.Temporary Injunctions: Notice

Last verified June 28, 2026

In one sentenceRule 681 provides that no temporary injunction may be issued without notice to the adverse party, so a temporary injunction always requires an opportunity to be heard.

Full Text of Rule 681

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No temporary injunction shall be issued without notice to the adverse party.
End

Plain-English Summary

Rule 681 guarantees notice. No temporary injunction may be issued without notice to the adverse party. Unlike a temporary restraining order, which can issue ex parte in a narrow emergency, a temporary injunction always requires notice and an opportunity to be heard before it issues.

Frequently Asked Questions

Does a temporary injunction require notice in Texas?

Yes. Rule 681 bars issuing one without notice to the adverse party.

Does Rule 681 allow any exception for emergencies?

No. Rule 681 itself has no exception — a party who needs relief before notice can be given must instead seek a temporary restraining order under Rule 680.

What has to happen before a Rule 681 notice hearing?

The applicant first files a sworn petition under Rule 682 stating the grounds for relief; that petition is what the adverse party is given notice of and heard on.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 681), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: temporary injunction noticenotice required before injunctionno ex parte temporary injunctionTRCP 681