What is a preliminary injunction in civil litigation?

A preliminary injunction is a court order that requires a person or business to do, or not do, a certain action until the final decision of a case is made. This order is issued in civil litigation cases originating in Oregon. A preliminary injunction may be issued based on the evidence given during the pretrial period. This is usually done when a judge ruling a case believes that one of the parties will suffer great harm if the other is allowed to continue with the action in question. An example of this may be if one party in a case is accused of infringing upon the other’s copyright, a court may grant a preliminary injunction that prohibits the accused from continuing to do so until the case is decided. Preliminary injunctions can also be used when a party wishes to prevent a defendant from disposing of evidence that may be needed for the court case. The nature of a preliminary injunction can be limited in scope or it can be issued for a specific length of time. It is important to note that if a party violates a preliminary injunction, the court could find them in contempt. Before a preliminary injunction is issued, both parties have the right to present their case to a court and a judge will decide if the request is justified. The court will consider the facts, evidence, and the likelihood of success for each side. If the court agrees that the order is necessary, it will enter it into the court record until the case is decided.

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