Kansas Statutes Annotated

K.S.A. § 60-903 (2026)

Temporary restraining order

✓ current as of May 2026

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60-903. Temporary restraining order. (a) Temporary restraining order; issuing without notice. Except as provided in subsection (b) of K.S.A. 60-904, and amendments thereto, the court may issue a temporary restraining order without notice or bond to the adverse party or its attorney only if:

(1) Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition;

(2) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required; and

(3) notice of the issuance of a temporary restraining order is provided to the attorney general of the state of Kansas if the adverse party is the state of Kansas or an agency, officer or employee thereof, or to the appropriate city clerk or county clerk if the adverse party is a city or county or an agency, officer or employee thereof.

(b) Contents; expiration. Every temporary restraining order issued without notice must state the date and hour it was issued, describe the injury and state why it is irreparable, state why the order was issued without notice and be promptly filed in the clerk's office and entered in the record. The order expires at the time after entry, not to exceed 14 days, that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.

(c) Expediting the temporary injunction hearing. If the temporary restraining order is issued without notice, the motion for a temporary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion, and if the party does not, the court must dissolve the order.

(d) Service. Where a temporary restraining order is issued without notice, it shall be served upon each party restrained in the manner prescribed for personal service of a summons.

(e) Motion to Dissolve. On two days' notice to the party who obtained the temporary restraining order without notice, or on shorter notice set by the court, the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.

(f) Security. Unless otherwise provided by statute or this section, the court may issue a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully restrained. The state of Kansas or an agency, officer or employee thereof, is not required to give security. For any city or county or an agency, officer or employee thereof, at the discretion of the judge, the security required by this subsection may be waived.

History: L. 1963, ch. 303, 60-903; L. 1990, ch. 202, § 30; L. 2013, ch. 123, § 1; July 1.

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1981–2024 · leading case: Unified Sch. Dist. No. 503 v. McKinney, 689 P.2d 860 (Kan. 1984).

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Unified Sch. Dist. No. 503 v. McKinney, 689 P.2d 860 (Kan. 1984). · cites it 4× “The purpose of such order is to restrain a defendant for a very brief period, pending a hearing on the application for a temporary injunction.”

Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). · cites it 3× “60-303(b) excludes service by certified mail for service provided for in K.S.A. 1991 Supp. 60-903 (restraining order without notice), K.”

Padron v. Lopez, 220 P.3d 345 (Kan. 2009). “The court reiterated that the Florida injunction failed to comply with either K.S.A. 60-903 or K.S.A. 60-905 and that those statutes required Padrón to post a bond in Kansas.”

Cessna Aircraft Co. v. Kansas Comm'n on Civil Rights, 622 P.2d 124 (Kan. 1981). · cites it 2× “Based upon the foregoing allegations, and pursuant to K.S.A. 60-903, plaintiff is entitled to and makes application for a restraining order, which restrains and prohibits the defendant Commission from directly or indirectly enforcing said Subpoena and from otherwise attempting…”

Activator Supply Co. v. Wurth, 722 P.2d 1081 (Kan. 1986). “In response to the motion filed by ASC and CFI, the distinct court entered an ex parte temporary restraining order pursuant to K.S.A. 60-903 for the reason that it appeared in the verified application of the plaintiffs that irreparable injury would result to their business if a…”

St. David's Episcopal Church v. Westboro Baptist Church, Inc., 921 P.2d 821 (Kan. Ct. App. 1996). · cites it 2× “Therefore, on remand, given that courts must strive to avoid “even the appearance” of bias, we conclude that another judge should be assigned for farther proceedings.”

Friends of the Bethany Place, Inc. v. City of Topeka, 222 P.3d 535 (Kan. Ct. App. 2010). · cites it 2× “FOB responded with a motion for a restraining order pursuant to K.S.A. 60-903. At the hearing on FOB's motion, the Church pointed out that FOB had no assets or income with which to compensate the Church for the delay if FOB's appeal failed.”

DeWerff v. Schartz, 751 P.2d 1047 (Kan. Ct. App. 1988). “DAMAGES FOR THE WRONGFUL ISSUANCE OF THE TEMPORARY RESTRAINING ORDER a) The Requirement of Malice The DeWerffs contend the trial court erred in awarding Schermuly and Schartz damages for the wrongful issuance of the temporary restraining order. The DeWerffs first suggest the…”

State v. Alston, 887 P.2d 681 (Kan. 1994). “The McKinney court noted that K.S.A. 1993 Supp. 60-903 provides for the issuance of a restraining order as a provisional remedy to a party entitled to relief, restraining the commission or continuance of some act.”

In re Small, 294 P.3d 1165 (Kan. 2013). “The court’s immediate reaction to the assignment was that the court is suspicious of ex party Injunction—TRO actions filed pursuant to K.S.A. 60-903 late on Friday. After consideration of the verified Petition, arguments of counsel and testimony of tire Plaintiff the court…”

Kansas East Conf. of the United Methodist Church, Inc. v. Bethany Med. Ctr., Inc., 969 P.2d 859 (Kan. 1998). “K.S.A. 60-903 provides that a restraining order may issue upon ex parte application, but that tire application “shall also be considered as an application for a temporary injunction” and that the restraining “order shall remain in force until the hearing on the application for a…”

Omni Outdoor Advert. of Missouri, Inc. v. City of Topeka, 734 P.2d 1133 (Kan. 1987). “It filed an application for a restraining order pursuant to K.S.A. 60-903. Before proceeding further, we set forth the applicable statutes, K.”

Show all 17 citing cases →

— K.S.A. § 60-903(a) — 1 case

St. David's Episcopal Church v. Westboro Baptist Church, Inc., 921 P.2d 821 (Kan. Ct. App. 1996). “Therefore, on remand, given that courts must strive to avoid “even the appearance” of bias, we conclude that another judge should be assigned for farther proceedings.”

— K.S.A. § 60-903(b) — 1 case

Hodes & Nauser v. Norman (Kan. Ct. App. 2021).

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