Interloctory Injunctions

Question 1

Temporary Restraining Order

Answer 1

• Goal is to prevent immediate irreparable harm to a party.
• Will be given for 14 days. Once it expires AND if it is extended it will be considered a preliminary injunction.

Question 2

Is notice necessary for a TRO?

Answer 2

Generally notice is not necessary unless:

1. Irreparable harm to the party will be had before the party has an opportunity to be heard in court; or
2. Reasonable and unsuccessful attempts to notify them were made.

Question 3

Preliminary Injunction

Answer 3

Four Part Test

Mnemonic = HELP

1. Harm or irreparable injury will occur
2. Evaluation of the injuries
3. Likelihood of success on the merits; and
4. Public interest