Prelim Injunctions/TROs

Question 1

Interlocutory Injunctions

Answer 1

Court orders requiring a person to do or cease doing a specific action before trial, while case is pending

Purpose is to prevent irreparable injury that will occur before there is a final judgment

For both preliminary injunctions and TROs, movant must provide security to pay costs and damages if adverse party is wrongfully enjoined or restrained

Question 2

Preliminary Injunctions

Answer 2

Order that maintains status quo until trial

4 part test for determining if prelim injunction is proper; burden is on the applicant to show

1) they will suffer irreparable harm

2) they are likely to win on the merits of the case

3) balance of hardship favors them (i.e., potential harm to applicant outweighs harm to other party if injunction is issued)

4) injunction is in the public interest

Are appealable!
Notice/hearing are required for the adverse party

Question 3

Temporary Restraining Order (TRO)

Answer 3

Maintains status quo until hearing on preliminary injunction can happen

Can be done ex parte, but adverse party must have actual notice of the TRO before they can be found in contempt
> don’t have to give notice to the adverse party for TRO to be given effect if the moving party can 1) provide specific facts showing immediate harm will happen and 2) certifies in writing all efforts to give the adverse party notice

Is not immediately appealable

Expires 14 days from issuance, but court can extend up to 28 days total if there is good cause

If extends past 28 days, becomes a prelim injunction and is no longer a TRO, and becomes appealable