Motion for a Preliminary Injunction

When the motion for a preliminary injunction is used

Timing: early in the case. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• The court may issue a preliminary injunction only on notice to the adverse party (Rule 65(a)(1)).
• Security is required under Rule 65(c).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 65(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a preliminary injunction in state court

This page covers the federal version. In state court, the motion for a preliminary injunction may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Preliminary injunction: an order issued during a case, after notice, to preserve the situation until the case is decided.
• Injunction: a court order requiring a party to do or stop doing something.
• Equitable relief: non-monetary remedies a court may order, such as an injunction or specific performance.
• Equity: the body of law, historically administered by courts of chancery, that provides remedies such as injunctions and specific performance.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a Temporary Restraining Order (TRO): an emergency request for a short-term order, sometimes without notice to the other side, to prevent immediate and irreparable harm.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.