What is a motion for a preliminary injunction?

A motion for a preliminary injunction is a document used in civil procedure in Delaware. It is a request made to a court by a litigant, usually during the start of a lawsuit, that asks the court to issue an injunction. An injunction is a court order that instructs one party to a lawsuit (the defendant) to temporarily do, or refrain from doing, something while the lawsuit is ongoing. A motion for a preliminary injunction is an important tool in civil procedure because it can provide a party with immediate relief from harm or possible harm. Normally, civil cases take some time to resolve, but if a party can convince the court that they are in immediate danger, the court may issue a preliminary injunction to protect them while the case is pending. For example, if an employee is unfairly fired and has to wait for a trial to get their job back, a motion for a preliminary injunction can be used to ask the court to reinstate the employee in the meantime while the case is pending. Under Delaware law, a motion for a preliminary injunction must be supported by evidence that the harm or possible harm the party faces is reasonably likely and that an injunction would prevent or help to reduce the harm. If the court is convinced that an injunction is appropriate, then it will issue the injunction. Otherwise, it will deny the motion for a preliminary injunction.

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What is a motion for a preliminary injunction?

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