What is necessary for a party to successfully prove that immediate and irreparable injury will occur when seeking a temporary restraining order?

To successfully prove that immediate and irreparable injury will occur when seeking a temporary restraining order, it is necessary for the party to provide a sworn affidavit supporting their claim. This requirement is fundamental because the affidavit serves as a formal, written statement made under oath, detailing the circumstances and evidence that demonstrate the urgency and potential harm if the restraining order is not granted.

By submitting a sworn affidavit, the party is effectively corroborating their claims with a declaration that is legally binding, adding weight to their argument for emergency relief. This is crucial in the context of civil procedure, as courts must be convinced of the immediacy and severity of the situation to grant such a drastic remedy. Affidavits typically present factual assertions that can directly assist the court in understanding the urgent nature of the request and the necessity for the restraining order.

Other options, such as a verbal agreement from the opposing party, written certification of notice efforts, or a list of potential witnesses, do not inherently provide the necessary substantiation of immediate and irreparable injury. They neither replace the need for sworn testimony nor demonstrate the relevant immediacy and risk that the courts are tasked with assessing.