Pretrial Procedures

Question 1

Preliminary Injunction

Answer 1

A temporary (sometimes long term) remedy that remains in effect until the merits of the case are adjudicated. The purpose is to preserve the status quo and prevent irreparable injury.

Question 2

Preliminary Injunction - Elements

Answer 2

1. Notice before filing
2. Showing of a likelihood of success on the merits
3. Likelihood of irreparable harm if injunction not issued
4. Balance of equities tips in favor of the moving party (possibility of harm to movant against possible injury/inconvenience to the nonmoving party)
5. Injunction is in the public interest

Question 3

Temporary Restraining Order

Answer 3

Short-term remedy to precent immediate harm. Purpose is to preserve the status quo.

Question 4

Temporary Restraining Order - Elements

Answer 4

1. Evidence of immediate irreparable injury
2. Atty certifies in writing efforts made to notify nonmoving party or why notice not required
   * no notice required

Question 5

TRO - No notice required elements

Answer 5

The court must:

1. promptly file the order
2. specify date and time TRO issued
3. specify injury and why irreparable
4. state why TRO granted w/o notice
5. set hearing date