Provisional Relief

Question 1

What is required for a preliminary injunction?

Answer 1

1. Notice to adverse party
2. demonstration of likelihood of success on the merits
3. demonstration of irreparable harm thats imminent, ongoing and can’t be undone later
4. balance of hardships weighs in favor of P (not granting injunction would be more harmful than granting injunction)
5. grant would be in the benefit of public interest
6. Payment of security

Question 2

What are requirements for temporary restraining order

Answer 2

1. Notice to adverse party
2. demonstration of likelihood of success on the merits
3. demonstration of irreparable harm thats imminent, ongoing and can’t be undone later
4. balance of hardships weighs in favor of P (not granting injunction would be more harmful than granting injunction)
5. grant would be in the benefit of public interest
6. Payment of security

Question 3

When can temporary restraining order be issued ex parte

Answer 3

Temporary restraining order can be issued without notice if:
1. specific facts clearly show that immediate and irreparable injury, loss or damage will result before the adverse party can be heard in opposition
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 temporary restraining orders expire?

Answer 4

TROs expire 14 days after issurance

Question 5

Can temporary restraining orders be extended?

Answer 5

Yes, for 14 days upon good cause shown

Question 6

What types of provisional relief are addressed by Rule 65

Answer 6

-Temporary Restraining Orders
-Preliminary Injunctions