Preliminary Injunctions and Temporary Injunctions

Question 1

What is a preliminary injunction?

Answer 1

These temporary injunctions exist to give the court time to deliberate further on the merits.

Question 2

Requirements for preliminary injunctions?

Answer 2

Moving party must show:

1. He is likely to succeed on the merits;
2. He is likely to suffer irreparable harm in the absence of preliminary relief;
3. Balance of equities tips in his favor; and
4. An injunction is in the public interest.

NOTICE TO THE ADVERSE PARTY IS REQUIRED.

9th Circuit uses the SLIDING SCALE TEST
This tests allows courts to give weight to different factors indiscriminately.

Question 3

What is a temporary injunctions?

Answer 3

A temporary injunction, aka TROs, are granted only if there is an immediate and irreparable harm before a hearing can be held.

TROs last around 7 to 14 days, unless extended.

Question 4

Requirements for TROs?

Answer 4

Plaintiff must show:

1. a likelihood success on the merits;
2. irreparable injury from delay;
3. balance of the hardships;
4. public interest; and
5. compliance w/ TRO procedures.

Efforts should be provided in GOOD FAITH to the non-moving party.
NO NOTICE REQUIRED if moving party can show EFFORTS WERE MADE TO PROVIDE NOTICE.

notice not required at all, if it is a DOMESTIC VIOLENCE CASE