INTERLOCUTORY INJUNCTIONS

Question 1

PRELIMINARY INJUNCTION

Answer 1

sought by a party prior to a trial on the merits of the complaint.

• ordinarily will be granted if:
  1. the plaintiff will suffer irreparable harm if the injunction is not granted
  2. the harm to the plaintiff if the injunction is not granted outweighs the harm to the defendant if the injunction is granted
  3. the plaintiff shows that he is likely to be successful on the merits AND
  4. the public interest favors granting the injunction

Question 2

TRO

Answer 2

granted when necessary to prevent irreparable injury to a party and the injury will result BEFORE a preliminary injunction hearing can be held
For ex parte hearing for TRO:
1. specific facts showing immediate and irreparable injury
2. efforts to give notice
3. security
- actual notice of the TRO required, hearing notice not required
- will expire within 14 days unless the restrained party consents to an extension or good cause is shown for an extension of another 14 days. Beyond 28 days it is considered to be a preliminary injunction for purposes of appeal.

Question 3

PROVISIONAL REMEDIES

Answer 3

garnishment
attachment
replevin