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    XIII

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    lemortower11
    A court cannot immediately arrest a witness who fails to obey a subpoena, as that would violate due process. The witness is entitled to notice and a hearing. A temporary restraining order (TRO) directs parties to do or undo acts for a limited time period of 20-60 days, depending on the court, while a status quo order maintains the current situation without a time limit and does not require a bond. A TRO expires after the prescribed period but a status quo order lasts until revoked by the court.

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    XIII

    Uploaded by

    lemortower11
    7 views1 page
    A court cannot immediately arrest a witness who fails to obey a subpoena, as that would violate due process. The witness is entitled to notice and a hearing. A temporary restraining order (TRO) directs parties to do or undo acts for a limited time period of 20-60 days, depending on the court, while a status quo order maintains the current situation without a time limit and does not require a bond. A TRO expires after the prescribed period but a status quo order lasts until revoked by the court.

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    A court cannot immediately arrest a witness who fails to obey a subpoena, as that would violate due process. The witness is entitled to notice and a hearing. A temporary restraining order (TRO) directs parties to do or undo acts for a limited time period of 20-60 days, depending on the court, while a status quo order maintains the current situation without a time limit and does not require a bond. A TRO expires after the prescribed period but a status quo order lasts until revoked by the court.

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    Download as DOCX, PDF, TXT or read online from Scribd
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    7 views1 page

    XIII

    Uploaded by

    lemortower11
    A court cannot immediately arrest a witness who fails to obey a subpoena, as that would violate due process. The witness is entitled to notice and a hearing. A temporary restraining order (TRO) directs parties to do or undo acts for a limited time period of 20-60 days, depending on the court, while a status quo order maintains the current situation without a time limit and does not require a bond. A TRO expires after the prescribed period but a status quo order lasts until revoked by the court.

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    XIII. A.

    MAY A COURT ORDER IMMEDIATE ARREST OF A WITNESS WHO HAS FAILED TO OBEY A SUBPOENA IN A CASE PENDING WITH IT? No. Because it is a violation of process. There must be notice and hearing.

    B. DIFFERENTIATE A TRO FROM A STATUS QUO ORDER?

    A status quo order (SQO) is more in the nature of a cease and desist order, since it does not direct the doing or undoing of acts, as in the case of prohibitory or mandatory injunctive relief. A TRO is only good for 20 days if issued by the RTC; 60 days if issued by the CA; until further notice if issued by the SC. The SQO is without any prescriptive period and may be issued without a bond. A TRO dies a natural death after the allowable period; the SQO does not. A TRO is provisional. SQO lasts until revoked. A TRO is not extendible, but the SQO may be subject to agreement of the parties.

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