What Are the Procedures for Obtaining an Injunction?
To obtain provisional injunctive relief, the plaintiff generally must show that it has a likelihood of ultimately succeeding on the merits of its claims and that it will suffer irreparable harm if the defendant’s conduct is not enjoined pending final resolution. In many cases, the plaintiff files the TRO motion with the complaint. TROs can be dangerous because the plaintiff is not always required to give advance notice to the defendant, particularly in some state courts or where the plaintiff can show that it will suffer grave harm if it has to wait to give notice or where the defendant may, after receiving notice, take certain action before the court can act. The plaintiff most likely will act promptly, but will still have more advance preparation time than the defendant. The plaintiff will have chosen the venue,3 determined whether preliminary injunction hearings in the jurisdiction typically involve live testimony, and prepared declarations and exhibits to satisfy the basic standard
