What is a preliminary injunction in civil litigation?

A preliminary injunction is a type of court order used in civil litigation in New Mexico. This type of order requires one party to take a specific action or refrain from taking an action until the case is decided. A preliminary injunction is usually issued when one party has alleged that the other party is causing some kind of irreparable harm. Usually, the party requesting the injunction must demonstrate that they will suffer immediate harm if the injunction is not granted. Once a court orders the injunction, it is in effect until the court hears all the evidence and issues its final decision. During this time, the party that is under the injunction must take action (or refrain from taking action) as the court has ordered. The preliminary injunction is generally granted to maintain the status quo and to protect the parties’ interests until the case is decided. In order for a court to grant a preliminary injunction, the requesting party must show that there is a substantial likelihood that they will win the case, that they will suffer irreparable harm if the injunction is not granted, and that the harm they will suffer is greater than the harm that will be suffered by the other party if the injunction is granted.

Related FAQs

What is the law of res ipsa loquitur in civil litigation?
What is a jury verdict in civil litigation?
What are the elements of a negligence claim in civil litigation?
What is a deposition in civil litigation?
How do I file a civil lawsuit?
What is civil litigation law?
What is the difference between arbitration and civil litigation?
What are the differences between a complaint and a counterclaim in civil litigation?
What is a temporary restraining order in civil litigation?
What is the difference between discovery and disclosure in civil litigation?

What is a preliminary injunction in civil litigation?

Related FAQs

Related Blog Posts