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🪜civil procedure review

Interlocutory injunction

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

An interlocutory injunction is a court order that is issued before the final resolution of a case, aimed at preventing a party from taking certain actions or compelling them to act in a specific way. This temporary relief is often sought to maintain the status quo and protect the interests of one party while litigation is ongoing, ensuring that a final judgment will be meaningful and effective.

5 Must Know Facts For Your Next Test

  1. Interlocutory injunctions are typically granted based on the likelihood of success on the merits and the risk of irreparable harm if not granted.
  2. These injunctions are temporary and often subject to modification or dissolution as the case progresses.
  3. The party seeking an interlocutory injunction usually must provide notice to the other party, unless an emergency situation justifies a lack of notice.
  4. In some jurisdictions, interlocutory injunctions may be appealed, allowing parties to challenge the decision before the case concludes.
  5. The criteria for granting an interlocutory injunction can vary, but generally include considerations of fairness, potential harm, and public interest.

Review Questions

  • How does an interlocutory injunction function within the litigation process, and what criteria must be met for it to be granted?
    • An interlocutory injunction functions as a temporary remedy during litigation to maintain the status quo while the case is being decided. For it to be granted, the requesting party must typically demonstrate a likelihood of success on the merits of their case and show that they would suffer irreparable harm without the injunction. Additionally, courts consider whether granting the injunction would serve the public interest and weigh any potential harm to the opposing party.
  • Discuss how interlocutory injunctions relate to the concept of preserving rights during ongoing legal disputes.
    • Interlocutory injunctions are crucial for preserving rights and preventing harm during ongoing legal disputes. By halting actions that could cause irreversible damage before a final judgment, these injunctions ensure that the eventual decision in a case remains meaningful. They play a key role in balancing interests between parties and upholding fairness in legal proceedings, thereby preventing one party from gaining an unfair advantage while litigation is pending.
  • Evaluate the implications of interlocutory injunctions on the efficiency of judicial proceedings and access to justice.
    • Interlocutory injunctions can significantly impact both the efficiency of judicial proceedings and access to justice. While they serve to protect parties from harm during litigation, they can also prolong disputes if parties frequently challenge or appeal these orders. This dynamic raises concerns about court resources being stretched thin and delays in resolution for litigants seeking timely justice. However, when used effectively, interlocutory injunctions help streamline cases by addressing urgent matters early on, potentially leading to quicker resolutions.