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.

Temporary Restraining Orders and Preliminary Injunctions: A Comprehensive Guide

Litigation > Provisional Remedies | Published 16 March 2024 - Updated 30 June 2026 | UpLaw - uplaw.us

In brief. Preliminary injunctive relief is decided on an incomplete record, under time pressure, by a judge who does not yet know who is right. That structural fact explains everything about the doctrine: the "extraordinary remedy" framing, the demand that harm be likely rather than possible, the security requirement, the specificity rules, and the collateral bar rule that requires obedience even to an order that turns out to be wrong. Practitioners who treat the motion as a compressed summary judgment brief lose. The motion is about harm and timing, and the merits are the third-most-important thing in it.

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