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.

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