What is a motion for a preliminary injunction?
A motion for a preliminary injunction is a type of legal request made by one party during a civil trial in the state of Massachusetts. This type of motion is filed by a party to the lawsuit who wishes to have the court order the other party to do something, or stop doing something, during the course of the trial. For example, a plaintiff in a civil case might request a preliminary injunction if they believe that the defendant’s continued actions will cause irreparable harm to the plaintiff or other parties involved and that a court order is needed to stop the potential harm. In such cases, the court may issue a preliminary injunction ordering the defendant to stop taking specific actions. In deciding whether to grant a motion for a preliminary injunction, the court must consider whether the plaintiff is likely to prevail on the merits of the case and if an injunction is necessary to protect the plaintiff’s interests. The court also considers whether the defendant will suffer any harm if the injunction is granted. If the court grants the motion, then the injunction usually stays in effect until the court renders a final judgment in the case.
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