What is a Temporary Injunction?
Lawsuits can take years to be completed. Sometimes you can’t wait years for a judge to make rulings because someone is continually causing you harm.
When you are engaged in litigation, but need an immediate remedy, the Minnesota Rules of Civil Procedure provide an avenue for you to obtain a temporary injunction. MINN. R. CIV. P. 65. A temporary injunction serves the purpose of preventing a party from being harmed further, while waiting for the legal process to be completed, and the case to be decided on its merits.
A temporary injunction does not decide the ultimate issues in the case, but rather prevents further harm for a period of time. Both a plaintiff and a defendant may seek a temporary injunction during a lawsuit.
What Does it Take to Get a Temporary Injunction?
In order to obtain a temporary injunction, you must prove that winning a monetary award at the end of the lawsuit is not sufficient to remedy the wrong being done to you. The court will weigh several factors to determine whether to grant you a temporary injunction. Those factors are:
- the nature of the relationship between the parties before the dispute;
- the harm to be suffered by one person if temporary injunctive relief is denied as compared that suffered by the other person if the injunction is granted pending trial;
- the likelihood of success in the case on the merits at the end of the lawsuit;
- the public interest;
- the administrative burdens involved in enforcing a temporary injunction.
No factor is controlling on the issue, and it is within each individual courts’ discretion to determine what weight to give each of these factors.
Often times the court will require you to post a bond in order to obtain a temporary injunction. The purpose of the bond is to ensure money to pay for the potential damage is available for the other party if it turns out, at the end of the case, that he or she was wrongfully enjoined.
The court will take into consideration the potential harm to the other party if he or she is wrongfully enjoined, in determining the amount of the bond.
What Happens to a Temporary Injunction at the End of the Lawsuit?
If the court grants your request for a temporary injunction, the person whom it is against is ordered by the court to cease his or her harmful actions until the case can be decided on the merits, i.e., while the lawsuit is pending.
Once the case concludes, the temporary injunction is no longer in effect. However, at that time the case is decided, if you were successful, you will have other remedies, such as a monetary award or a permanent injunction.