Provisional Relief Flashcards
In General
The plaintiff files suit seeking injunctive relief, but can’t litigate the suit fast enough to get that relief before the defendant commits some irreversible harm.
Preliminary Injunction (PI)
-Need notice to the adverse party AND the following 5 elements:
- Likelihood of Success on the Merits: The plaintiff’s legal claim is plausible and will likely win if litigated (law and facts are on the plaintiff’s side);
- Irreparable Harm to the plaintiff if the PI is not granted;
- Balance of Hardships: Whether the harm to the plaintiff is greater if the PI is denied, than the harm to the defendant if it is granted;
- Public Interest: The court will not issue a PI that is injurious to the public interest; and
- Payment of Security: The plaintiff must deposit enough money with the court to compensate the defendant for any losses if the suit is unsuccessful.
Temporary Restraining Order (TRO)
- Similar to a PI – Same 5 part test as above, but:
- TROs expire 14 days after issuance. They can be extended for 14 days upon good cause shown.
- TRO can be ex parte.
- A TRO can only 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; and (2) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.
