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

How do juries determine liability?
What is a motion for default judgment?
What are the rules for determining a case's jurisdiction?
What is a motion to change venue?
What is the doctrine of res judicata?
What are the court rules for a summary judgment hearing?
What is the doctrine of collateral estoppel?
What are the differences between civil law and common law?
What is the statute of frauds?
What is a discovery request?

What is a motion for a preliminary injunction?

Related FAQs

Related Blog Posts