United States
State and federal courts have wide discretion to grant interim relief in the form of injunctive orders. These orders may require a party to do, or refrain from doing, a particular act. Injunctive orders are equitable in nature, and such relief therefore does not typically include an order requiring the payment of money. It is not possible, for instance, to obtain an interim money judgment against a defendant. Interim injunctive orders take one of two forms:
- temporary restraining orders, which are usually reserved for emergency situations, may be issued without notice to other parties or a hearing in as little as a few hours but expire after a limited period of time (usually 14 days); and
- preliminary injunctions, which are typically sought in non-emergency situations, remain in place for the duration of the litigation and require notice and a hearing with the opposing party. Individuals may be represented by an attorney or elect to represent themselves in these proceedings. Corporate parties must typically be represented by an attorney.
Courts are typically reluctant to issue preliminary injunctions, and even more reluctant to issue temporary restraining orders, particularly if the enjoined party has not had an opportunity to present its position. To obtain interim injunctive relief, a party must file a motion accompanied by evidence (for example, affidavits and relevant documents) establishing that the party is entitled to relief. The court may also order a hearing at which testimony on the motion will be presented. Courts generally look at four factors when assessing a party’s request for interim injunctive relief:
- whether the requesting party is likely to succeed on the merits of its case;
- whether an award of money damages would not be sufficient to cure the alleged injury;
- whether, on balance, equity favors the issuance of the injunction; and
- whether the public interest favors the injunction.
Courts consider similar factors when assessing requests for permanent injunctive relief, which can be awarded as part of a judgment on the merits. In federal court and in some states, an immediate appeal is permitted from an order granting or denying injunctive relief.