What is an injunction in civil litigation?
In civil litigation, an injunction is a court order that instructs a party to do, or not do, a specific action. In New Mexico, a court may grant an injunction to resolve a dispute between two parties. The purpose of an injunction is to protect the rights of one party or to prevent a party from doing something that may be detrimental to the other party. An injunction stops a particular action or prevents an action from happening. This is different from a court order which may require a party to take a particular action. Injunctions are most commonly used in cases involving matters such as property disputes, contract disputes, and tort claims. In civil litigation, an injunction is granted by a judge after a hearing in which both parties present their case. The judge then decides whether an injunction is necessary to protect the rights of one party or to prevent a party from doing something detrimental to the other. The judge will consider a variety of factors such as the interests of both parties, the evidence presented, existing and potential harm, and the applicable law. Injunctions are very important in civil litigation as they can stop a particular action from happening or prevent a party from taking an action that could be detrimental to another. Injunctions are binding orders issued by the court and may be enforced through civil or criminal proceedings. Failure to obey an injunction can result in fines or even jail time.
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