What is a motion for a preliminary injunction?

A motion for a preliminary injunction is a legal request that a court make an order that prevents a certain action from happening in a civil lawsuit in Texas. The motion is made by one of the parties in the lawsuit and is usually meant to prevent the opposing party from doing something, such as selling a piece of property, that would cause harm to the party making the motion. In order for a court to grant a preliminary injunction, the party asking for it must demonstrate that they are likely to succeed in their lawsuit, that they will suffer irreparable harm if the injunction is not granted, and that the balance of harm caused by granting the injunction is less than that of not granting it. In Texas, the parties must also demonstrate that the harm they will suffer without the injunction is greater than the harm suffered by the opposing party if the injunction is granted. This means that if the plaintiff in a case asks for a preliminary injunction, they must show that they are likely to win the case, that not granting the injunction would cause them harm that cannot be later repaired, and that the harm to the defendant if the injunction is granted is not greater than the harm they will suffer if it is not granted. If they can do this, then the court will likely grant the injunction so that the plaintiff is not put at risk of harm while the case is still being litigated.

Related FAQs

What are the different types of civil actions?
What are the rules for amending pleadings?
What is a motion for sanctions?
What is a settlement conference?
What is a motion for a new trial?
What is the difference between a motion to intervene and a motion to join a case?
What is a remittitur?
What is civil procedure?
What is a motion for a permanent injunction?
What is the discovery stage of civil procedure?

What is a motion for a preliminary injunction?

Related FAQs

Related Blog Posts