January 01, 2019 Feature

Preliminary Injunctions : Live or Die on Powerful Evidence of Wrongdoing

Erik A. Christiansen

Download a printable PDF of this article.

Before filing a motion for a temporary restraining order (TRO) or a preliminary injunction, the most critical thing to consider is the quality of the supporting evidence. If you lack credible witness testimony and admissible documents to support interim injunctive relief, you should not file the motion. Too often, lawyers rush to court with a well-pleaded claim, but they move for immediate relief with incomplete or inadequate facts and without sufficient consideration of whether the evidence establishes the required elements for an injunction. Clients sometimes push lawyers to seek injunctive relief, not realizing the risks, procedure, burdens, costs, and ramifications. In many cases, it might be better to wait until credible and admissible facts are discovered, instead of rushing into court on an inadequate factual record. It is not unusual for injunctive relief cases to improve over time if patience is exercised in waiting for evidence of suspected nefarious conduct to bubble up in multiple places.

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