Civ Pro Flashcards
Intervention as of right
Intervention is the process by which a non-party to an action may join the litigation. A court must permit a non-party to intervene if it demonstrates: (1) that the application to intervene is timely; (2) an interest in the subject matter of the action; (3) that protection of this interest would be impaired by the outcome of the lawsuit; and (4) such interest is not adequately represented by existing parties in the action.
TRO
A temporary restraining order (TRO) is an emergency remedy used to maintain the status quo pending the outcome of a preliminary injunction application. A TRO can be issued without notice to the adverse party, but only in limited circumstances and only for a limited time.
How long does a TRO last?
The TRO would last only long enough for the court to consider and resolve a request by [moving party] for a preliminary injunction, but not longer than 14 days (unless the court extends it for good cause or the adverse party consents to an extension). In addition, bond is required.
Preliminary Injunction
Maintain the status quo pending the outcome of the litigation. Preliminary injunctions may be issued only:
(1) upon notice to the adverse party; and
(2) if the moving party gives security/bond (used to reimburse non-movant for injury caused by the injunction if the moving party is not successful on the merits).
4-Factor Test (For Preliminary Inunctions and TROs)
The court typically considers four factors: (1) the threat of irreparable harm to the movant if the injunction is not granted; (2) the balance between the harm alleged by the movant and the injury that granting the injunction would inflict on the non-moving party; (3) the likelihood of the movant’s success on the merits; and (4) whether an injunction is in the public interest.
*The most important of these factors is the risk of irreparable harm to the plaintiff. If the plaintiff has an adequate remedy at law, then the preliminary injunction will be denied.
