Article · Litigation
The Order That Cannot Wait: How Emergency Injunctions Actually Work
28 U.S.C. § 2201
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-05-26
- Topic
- Litigation
Most lawsuits move at the speed of a calendar. A few cannot, because by the time the case is decided the thing being fought over will be gone. This article explains the machinery courts use when waiting is not an option: the temporary restraining order that can issue in hours, the preliminary injunction that holds until judgment, and the permanent injunction that follows it. It works through the four factors every applicant must satisfy, and explains why irreparable harm — not the strength of the case — is the factor that decides most applications. It covers the special rules for ex parte relief, the security requirement that surprises applicants, the difference between preserving the status quo and commanding action, and what happens when an order is violated. Worked examples follow three emergencies through the courthouse. The article closes with what an applicant must have ready before walking in, and what a respondent should do in the first twenty-four hours.
The full text of this document is available to Executive subscribers and above. See plans.