11. Injunctions (Rule 65)

Question 1

What is required for a temporary restraining order (Rule 65)?

Answer 1

1) Irreparable injury before PI hearing

2) Notice to Opponent

Question 2

When is notice not required for TRO?

Answer 2

1) Written certification
- Affidavit re irreparable injury
- Attempt to notify Opponent + Reasons for lack of need to notify Opponent

2) Security for Opponent if court finds he suffered damages from TRO

Question 3

What is purpose of TRO?

Answer 3

Preserves status quo for 14 days until PI hearing

- UNLESS amendable (good cause/parties’ consent)

Question 4

What is required for preliminary injunction (Rule 65)?

Answer 4

1) Irreparable injury (P’s harm > D’s harm)
2) Notice to Opponent (hearing)
3) Likely to win on merits
4) Public interest favours PI

Question 5

What is the exception for not granting PI?

Answer 5

Other adequate legal remedy (money damages)

Question 6

What is purpose of PI?

Answer 6

Preserves status quo until trial

Question 7

What provisional remedies are available for Preliminary Injunctions?

Answer 7

Pre-trial asset seizure (satisfaction of potential judgment)

• Garnishment (TP asset seizure)
• Attachment (Opponent’s asset seizure)
• Replevin (Opponent’s disputed asset seizure)

Question 8

What is required for provisional remedies?

Answer 8

1) Prima facie case

2) Asset unlikely available after trial if relief not granted

Question 9

Can a TRO be extended? What are its consequences?

Answer 9

By good cause/parties’ consent

Becomes preliminary injunction (appealable)