What is a motion for a preliminary injunction?

A motion for a preliminary injunction is a type of legal action used in civil procedure in Maryland. It is a court order that a party can request from a judge to stop or prevent a certain activity from taking place until the court is able to make a fuller decision on the matter. This type of injunction is often used when a party believes that waiting the full course of the legal process to get a final result may cause them to suffer irreparable harm. A typical motion for a preliminary injunction consists of four elements that must be shown in order for the court to consider granting the injunction. First, the party must show that it is likely to prevail on the matter in the court case. Second, they must show that the other party is likely to suffer irreparable harm if the injunction is not granted. Third, they must show that the public interest is served by granting the injunction. Finally, they must show that the balance of harms favors granting the injunction. Once the court has heard the motion for a preliminary injunction, they will either grant the injunction or deny it. If the injunction is granted, the judge will issue a court order to the other party ordering them to stop the activity until the case is resolved. If the injunction is denied, the parties must proceed with the court case as normal.

Related FAQs

What is the appeals process?
What is a motion for a directed verdict?
What are the steps in a civil trial?
What are the rules for amending pleadings?
What is a motion for reconsideration?
What is a motion to intervene?
What is a negligence per se claim?
What are the rules of evidence in civil procedure?
What is the difference between interrogatories and requests for production of documents?
What is required to prove a civil claim?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023