A preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.

A preliminary injunction is a form of temporary judicial relief designed to protect the parties or preserve meaningful relief while a lawsuit is pending.

Unlike a final judgment, a preliminary injunction is issued before the court has fully resolved the merits of the case.

In federal civil litigation, preliminary injunctions are governed by Federal Rule of Civil Procedure 65. State courts have their own procedural rules and standards.

What Must Someone Show to Obtain a Preliminary Injunction?

The Supreme Court set out the modern federal framework in Winter v. Natural Resources Defense Council.

A party seeking a preliminary injunction generally must establish a likelihood of success on the merits, a likelihood of irreparable harm without preliminary relief, that the balance of equities favors the requested order, and that an injunction is in the public interest.

The Supreme Court has emphasized that a preliminary injunction is an extraordinary remedy, not something a party receives automatically just because a lawsuit has been filed.

What Is Irreparable Harm?

Irreparable harm generally means an injury that cannot be adequately corrected through ordinary legal relief after the case is finished.

In Winter, the Supreme Court rejected a standard based merely on the possibility of irreparable injury. The party seeking relief ordinarily must establish that the injury is likely in the absence of an injunction.

Preliminary Injunctions and Death Penalty Litigation

Preliminary injunctions sometimes play a central role in method-of-execution litigation.

A prisoner facing an execution date can seek an injunction preventing officials from using a disputed procedure while the constitutional challenge is litigated. Because the execution would make later judicial relief impossible, questions of irreparable harm are particularly significant.

The prisoner must still satisfy the standards governing extraordinary equitable relief, including a sufficient showing on the underlying constitutional claim.

Preliminary Injunction Versus Final Injunction

A preliminary injunction operates while litigation remains pending.

A permanent injunction is entered after the court resolves the legal dispute and determines that permanent equitable relief is appropriate.

Granting preliminary relief does not mean the party seeking the injunction will ultimately win the case.

Related Terms

• injunction
• temporary restraining order
• irreparable harm
• stay of execution
• Method-of-Execution Challenge
• equitable relief