A temporary injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.
To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing. When determining whether to grant preliminary injunctions, judges consider the extent of the irreparable harm, each party's likelihood of prevailing at trial, and any other public or private interests implicated by the injunction. Parties may appeal judge's decisions on whether to award a preliminary injunction. See interlocutory appeal.
In the federal courts, preliminary injunctions are governed by Rule 65(a) of the Federal Rules of Civil Procedure. State rules regarding preliminary injunctions and other injunctions vary from state to state. See State Civil Procedure Rules.
See Civil Procedure.
Definition from Nolo’s Plain-English Law Dictionary
A court order early in a lawsuit that prohibits the parties from taking a disputed action until the court can decide the merits of the case. For example, if a lawsuit is filed challenging the validity of a new government regulation, the court might issue a preliminary injunction preventing the government from enforcing the regulation until the court can decide whether the regulation is valid. Generally, the party seeking a preliminary injunction must show a substantial likelihood of success on the merits of the lawsuit and a substantial threat of irreparable harm if the injunction is not granted.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm