Provisional Relief

Question 1

What is required for a preliminary injunction?

Answer 1

1. need notice to adverse party
2. need to prove the following:
   a) Likelihood of success on the merits +
   b) Irreparable harm (ongoing / imminent harm, can’t be undone later) +
   c) Balance of hardships (is harm to P if no injunction greater than harm to D if granted?) +
   d) Public interest +
   e) Payment of security

Question 2

What is a temporary restraining order?

Answer 2

It is similar to a preliminary injunction, and it requires the same five part test

However, a TRO could be issued without notice to the adverse party

Question 3

When could a TRO be issued without notice?

Answer 3

(1) if specific facts clearly show that
immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition; and
(2) the movant’s attorney certifies in writing any efforts made to give notice and
the reasons why it should not be required

Question 4

When do TROs expire?

Answer 4

TROs expire 14 days after issuance, although they could be extended for 14 days upon good cause shown