Guide · Litigation
Temporary Restraining Orders and Preliminary Injunctions: A Comprehensive Guide
28 U.S.C. § 1651
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-03-16
- Topic
- Litigation
A complete practitioner's treatment of provisional injunctive relief in federal and state civil practice. Part I sets the equitable foundation and the sources of the remedy. Part II works the four Winter factors in depth, including the harms courts actually accept as irreparable and the circuit variations in how the factors interrelate. Part III distinguishes prohibitory from mandatory relief and explains the status quo ante concept that determines which standard applies. Parts IV and V cover the procedure for temporary restraining orders including ex parte relief and its fourteen-day life, and for preliminary injunctions including notice, evidence at the hearing, and consolidation with trial under Rule 65(a)(2). Part VI covers security and why the bond amount is a substantive issue for both sides. Part VII covers the Rule 65(d) form requirements that make an order enforceable and the persons bound by it. Part VIII covers enforcement by civil and criminal contempt and the collateral bar rule requiring obedience to an erroneous order. Parts IX through XII cover modification and dissolution, statutory injunctions and presumptions, the statutory bars that forbid relief outright, and interlocutory appeal. Part XIII surveys the neighboring provisional remedies from attachment through anti-suit injunctions, Part XIV covers state practice differences, and Part XV is the verification list.
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