interlocutory injunctions

Question 1

interlocutory injunctions

Answer 1

court orders requiring a person to do or cease doing a specific action before trial to prevent irreparable injury that will occur before there is a final judgment

Question 2

preliminary injunction test

Answer 2

1) irreparable injury
2) reasonable likelihood of success on the merits
3) balance of hardships
4) public interest

appealable

Question 3

temporary restraining orders

Answer 3

issued by court when necessary to prevent immediate, irreparable injury to a party

Question 4

TRO expiration

Answer 4

no more than 14 days from issuance but may be extended for good cause or with adverse party’s consent; if extended beyond 28 days treated as a preliminary injunction and becomes appealable

Question 5

TRO notice not required if

Answer 5

moving party:
1) shows immediate and irreparable injury will result before adverse party can be heard in opposition
2) describes reasonable yet unsuccessful efforts made to give adverse party notice