An injunction is a court order to do or refrain from doing something. A preliminary injunction is filed early in the legal process and requires a demonstration of irreparable harm. The party filing must prepare the motion accordingly and provide the opponent with a copy. The time frame for a judge to respond is often shorter due to the urgent nature of the request.
An injunction is essentially a court order directing a party to do something or directing a party to refrain from doing something. An injunction may be sought to prohibit the demolition of a building, to prevent the media from discussing pending litigation, or to force union members to continue working, just to name a few examples. A preliminary injunction is often filed early in the legal process as a sort of interim procedure until the court can assess the actual merits of the case, at which point it can make the injunction permanent. The process for filing an injunction includes preparing a petition or motion, filing it with the court, and providing the opponent with a copy of the petition or motion.
A lawsuit can take a long time to go through all stages of litigation before the court actually decides the matter. In many cases, the matter in the lawsuit is something that requires an immediate response or irreparable harm can be done to one of the parties. As mentioned above, for example, if a historic building is due to be demolished within a few days, you cannot wait for the typical legal process to run its course to prevent demolition. Situations like that often require the filing of an injunction to get an immediate response from the court.
A party needing an immediate court injunction generally files a motion or petition for a preliminary injunction with the court. When filing an injunction for immediate preliminary relief, the complaining party must demonstrate to the court that the injunction is necessary to prevent irreparable harm and that the court is likely to rule for the complaining party on the merits of the cause among other requirements. Granting an injunction often amounts to making an initial decision on the likely outcome of a lawsuit, which makes courts reluctant to grant them without good reason. The party filing an injunction must be aware of this hesitation and prepare the motion accordingly.
The party proposing the injunction must also provide the opponent with a copy of the application or applications. Unlike most civil procedure rules which often allow the respondent up to 30 days to respond to petitions or motions, a petition or injunction application often must be resolved within days, or even hours, depending on of the object of the injunction. The time frame for a judge to review and respond to the filing of an injunction is also significantly shorter in most cases due to the often urgent nature of the request.
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