Rule 65: Provisional Relief

Question 1

Preliminary Injunction: Need notice to adverse party and

Answer 1

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?
e) payment of security

Question 2

Temporary Restraining order (TRO)

Answer 2

Same 5 part test as above, but
TRO can be ex parte - must show tried to notify opposing party ,was unable to, and needs a TRO to avoid immediate irreparable harm

Question 3

TRO’s expire

Answer 3

14 days after issuance but can be extended for 14 days upon good cause shown