Injunctions & Provisional Remedies

Question 1

Preliminary Injunction

Answer 1

Party may seek preliminary injunction to preserve the status quo. Adverse party must be given notice and opportunity to be heard.

Granted when:

1. P will suffer irreparable harm if injunction not granted
2. Harm to plaintiff outweighs harm to D
3. P shows that he is likely to be successful on the merits and
4. Public interest favors granting injunction

Question 2

Temporary Restraining Order

Answer 2

If irreparable injury will occur before hearing on preliminary injunction can be held a party may seek a TRO to preserve the status quo until hearing.

Generally adverse party must be notified but TRO may be imposed without notice of hearing for issuance of 14 day TRO if:

1. Moving party states specific facts in affidavit or verified complaint of irreparable injury she will suffer if TRO not granted
2. Moving party certifies in writing efforts she made to notify adverse party and reasons for why Notice should be required
3. Moving party provides bond to pay for any damages incurred by adverse party if court later finds TRO improper

Question 3

Provisional remedies

Answer 3

Provide for Pretrial seizure of property for purposes of securing satisfaction of judgment that may be entered in the case

Garnishment
Attachment
Replevin

Question 4

Garnishment

Answer 4

Court order directing money or property in hands if third party to be seized

Question 5

Attachment

Answer 5

Process by which another’s property is seized in accordance with a writ or judicial order for the purpose of securing a judgment yet to be entered

Question 6

Replevin

Answer 6

Process by which P takes possession of and holds disputed property during Law suit