An injunction is a court order commanding or preventing an action. A preliminary injunction is a temporary order issued before or during trial to avoid an irreparable injury from happening before a final judgment is reached.
A party moving for a preliminary injunction is entitled to it upon a showing
that:
- There is a substantial risk of immediate and irreparable harm if preliminary
injunctive relief is not granted; - He has a substantial likelihood of prevailing on the merits;
- The risk of harm to the moving party is greater if the injunction is not
granted than the harm to the opposing party if the injunction is granted; and - The public interest will not be adversely affected if the injunction is granted.
See Commonwealth v. Mass. CRINC, 392 Mass. 79 (1984); Packaging Industries
Group v. Cheney, 380 Mass. 609 (1980). See also Mass. Civil Procedure Rule 65.
The parties seeking a preliminary injunction must give proper notice to the opposing party (as well as anyone else who has a legal interest in the matter). The motion should be accompanied with a memorandum of law and affidavits in support of the request.
All requests must be specific, according to Rule 65,
Unless the court, for good cause shown, otherwise orders, an injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Need legal help? Email justin@jrmccarthy.com
Law Office of Justin R. McCarthy 