What is a preliminary injunction in civil litigation?
A preliminary injunction in civil litigation is a court order that is issued before a full hearing, requiring that a party in a lawsuit take a certain action or refrain from taking action. This type of injunction is common when one party is in fear of suffering irreparable damage due to the actions of the other party. In South Carolina, a preliminary injunction is governed by the Rules of Civil Procedure Rule 65. To obtain a preliminary injunction, one must first file a motion with the court. This motion must include all of the evidence that the requesting party has to support their claim. The judge will then review the motion and any evidence and decide whether they feel that a preliminary injunction is necessary. If the judge determines that an injunction is needed, they will issue an order requiring that one party be stopped from taking any further action. The court may also grant a temporary restraining order, which is a type of preliminary injunction and is used to temporarily freeze a certain action until a final hearing can take place. The judge may also decide to hold a hearing to decide whether a preliminary injunction should be granted. Finally, once a preliminary injunction is granted, it can be modified or removed by the court if the parties enter into a settlement agreement.
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