What is a preliminary injunction in civil litigation?

A preliminary injunction is an order that a court can grant at the beginning of a civil litigation case. The order temporarily restricts or enforces an action until the court can decide the ultimate issue of the case. In Alaska, a preliminary injunction is governed by Alaska Rule of Civil Procedure 65. Generally, a preliminary injunction is requested by one party in a civil litigation case to prevent or compel the other party to take a certain action. When the court grants a preliminary injunction, the affected party must comply with the court’s order until the court issues a final decision on the ultimate issue of the case. For a court to grant a preliminary injunction, the requesting party must show that there is a substantial likelihood of success on the merits of the case. The court must also determine that the requested party would suffer irreparable harm if the injunction were not granted. In Alaska, a court can order the opposing party to do something (“negative injunction”) or to refrain from doing something (“mandatory injunction”). However, courts are reluctant to grant mandatory injunctions because of their potential to interfere with the opposing party’s rights. In general, a preliminary injunction is a powerful tool used to preserve the status quo until the court can render a decision on the matter. A successful request for a preliminary injunction allows the requesting party to protect their rights, while the opposing party must abide by the terms of the injunction until the court reaches a final decision.

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