Also known as: interlocutory reliefs · interim relief · provisional relief
Written by attorneys · grounded in primary & secondary sources — see below
Temporary equitable relief granted before final judgment on the merits. A court issues such relief to preserve the status quo and prevent irreparable harm while litigation proceeds. The decision rests on a comparative assessment of the threat of harm to the plaintiff, the consequences to the defendant, the likelihood of success on the merits, and the public interest.
Sage Acres, an organic farm, alleges that Valley Row Farms aerial spraying drifts onto its fields and endangers its certification. Sage Acres moves for an order halting spraying during the growing season. The court weighs the risk that certification loss will cause unquantifiable market harm against the operational burden the order would place on Valley Row before deciding whether to grant relief.
Northern Maritime sues Central Coastal over an immediate congestion surcharge that violates their terminal agreement. Northern moves for a temporary restraining order, showing that enforcement would force schedule changes and loss of perishable-cargo contracts. The court evaluates the motion on an expedited record that includes affidavits and contract excerpts.
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Local officials enforce a statewide statute against a business owner who files suit claiming the law is unconstitutional. The owner seeks an interlocutory order halting enforcement. The district court must determine whether a three-judge panel is required before any further interim relief can be considered.
The government seeks an order preventing newspapers from publishing classified documents. The newspapers oppose the request, arguing that any restraint would cause immediate and irreversible harm to the public’s right to information. The court must decide the motion under standards that account for the extraordinary nature of prior restraint.
A court compares the extent of threatened irreparable harm to the plaintiff if relief is denied, the consequences the order would impose on the defendant, the probability that the plaintiff will succeed on the merits, and the public interest. The assessment occurs on the record developed before trial and does not decide the ultimate merits.
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The hardship factor receives different weight because the relief is provisional and temporary. A court may grant interlocutory relief when the same showing would not justify a permanent injunction, and it may deny relief when a permanent injunction would later be appropriate.
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Rule 52(a)(2) requires findings and conclusions when a court grants or refuses an interlocutory injunction. The requirement promotes transparency and permits effective appellate review even when the motion is decided on an expedited or combined record.
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Rule 65(a)(1) requires notice to the adverse party before a preliminary injunction may issue. Temporary restraining orders under Rule 65(b) may proceed without notice in narrow circumstances, but a request labeled as a preliminary injunction triggers the notice requirement.
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…June 23. The New York Times' petition for certiorari, its motion for accelerated consideration thereof, and its application for interim relief were filed in this Court on June 24 at about 11 a. m. The application of the United States for interim relief in the Post case was also filed here on June 24 at about 7:15 p. m. This…