Interlocutory Injunctions Flashcards
What are the reasons for Interlocutory injunctions
Maintain Status Quo Until Trial
Interlocutory Injunctions–Procedure
Requires Notice
Interlocutory Injunctions–Substantive Requirements
Substantive Requirements for
1) Preliminary Injunctions, and a
2) Temporary Restraining Order
Substantive Requirements for Preliminary Injunctions and TRO–4 Factors
1) IRREPARABLE harm
2) harm to party seeking injunctions OUTWEIGHS harm to party to be bound,
3) likelihood of SUCCESS on the merits,
3) PUBLIC INTEREST factors.
I– irreparable
O–outweighs
S–success
P–public interest
Reasons for denial of PI and TRO
If P has an adequate remedy at law (money damages), then the court will deny the injunction.
Ex Parte TRO
A Temporary Restraining Order preserves the status quo of the parties for up to 14 days. If the TRO is extended beyond 28 days, it is considered a preliminary injunction for purposes of appeal.
Timing for TRO
A TRO preserves the status quo of the parties for up to 14 days.
Timing for Preliminary Injunction (PI)
If the TRO is extended beyond 28 days, it is considered a preliminary injunction for purposes of appeal
A court may issue a TRO ex parte without notice of hearing to the adverse party if:
1) Specific facts show immediate and irreparable injury to movant before adverse party can be heard.
2) Movant certifies in writing about all efforts to effectuate notice and why notice should not be required.
3) Movant provides security, in an amount to be determined by the court, to pay for any costs/damages incurred by adverse party if wrongfully enjoined or restrained.
What facts must be shown for an ex parte TRO to be issued by a court?
1) Specific facts showing immediate and irreparable injury to movant before adverse party can be heard.
What does the movant need to certify before the court will issue an ex parte TRO?
A movant certifies in writing about all efforts to effectuate notice and why notice should not be required.
What security must the movant provide to the courts before an ex parte TRO can be issued?
The Movant must provide security in an amount to be determined by the court, to pay for costs/damages incurred by adverse party if wrongfully enjoined or restrained.
