What is an interlocutory injunction in civil litigation?

An interlocutory injunction in civil litigation is a court ruling that prohibits a party from taking a certain action, or requires them to take a particular action, while a legal dispute is being resolved. This type of injunction is usually employed to maintain the status quo between the parties while the legal proceedings are ongoing. In South Carolina, interlocutory injunctions are governed by Rule 65 of the South Carolina Rules of Civil Procedure. In order to receive an interlocutory injunction, the party requesting the injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. This means that the harm or injury caused by the other party’s actions cannot be compensated by money, and therefore an injunction is necessary to prevent the harm from occurring in the first place. The court will weigh the balance of hardships between the parties, and if the party requesting the injunction can demonstrate that the harm they will suffer exceeds the harm the opposing party will suffer from the injunction, the court may grant the injunction. The purpose of an interlocutory injunction is to prevent irreparable harm that may occur before a legal dispute can be fully resolved. An interlocutory injunction is typically temporary, and is meant to preserve the status quo between the parties until a final resolution is reached. If a party violates the interlocutory injunction, they may be held in contempt of court, which can have serious consequences.

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