What is a motion for a preliminary injunction?

A motion for a preliminary injunction is a type of civil procedure request used in North Carolina courts. It is a type of preliminary relief, or temporary remedy, that is used when one party needs immediate assistance from the court to prevent harm or undue damage to them. A motion for a preliminary injunction is made before the actual trial of the case has taken place. In this situation, a judge may decide to grant the motion and issue an order known as a preliminary injunction. This order helps to protect a party from further harm until a full trial can take place. A party asking for a preliminary injunction must provide evidence to the court that they will experience irreparable harm if the injunction is not granted. It must be proven that this harm is of greater consequence than the harm that would be caused to the other party if the injunction was granted. If the judge rules that the evidence is sufficient, the injunction will be ordered. In North Carolina, a preliminary injunction is usually considered to be a short-term solution and will only be in place until the court can reach a final judgment after a full trial. If the injunction is granted, the party who caused the harm must then obey it until the court’s final decision. If the injunction is not obeyed, the person may face penalties for contempt of court.

Related FAQs

What are the court procedures for filing a motion?
What are the rules of evidence in civil procedure?
What is res judicata and collateral estoppel?
What are the rules and procedures for a change of venue?
What is the appeals process?
How can a party be added or removed from a lawsuit?
What is a motion for injunctive relief?
What is the standard of proof for a civil case?
What are the applicable statutes of limitations?
What is required to prove a civil claim?

What is a motion for a preliminary injunction?

Related FAQs

Related Blog Posts