Aldrich Law Firm, Ltd.
Aldrich Law Firm, Ltd.

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What is a preliminary injunction?

A preliminary injunction is a form of temporary relief that is available in some Nevada civil lawsuits. According to the Cornell University Law School’s Legal Information Institute, these types of court orders are granted before a trial concludes. Sometimes, they are even issued before a trial begins. These orders are only available under specific circumstances.

In federal courts, preliminary injunctions are governed by the Federal Rules of Civil Procedure. Rule 65 states that requests for these injunctions require a hearing. In these hearings, the party calling for the injunction must provide facts supporting the request. The central issue in preliminary injunction claims is proving that irreparable harms will occur if the court does not act immediately.

The LII explains that judges will consider a number of factors when deciding whether to grant a preliminary injunction. Issues that judges must review include the following:

  • The degree of the irreparable harm
  • The likelihood that the plaintiff or defendant will win at trial
  • The private or public interests that may be impacted if the injunction is granted

According to Rule 65, preliminary injunction hearings may be consolidated with trials. This consolidation can occur prior to or during the hearing. All evidence that is presented in support of an injunction may become part of the trial record. This will depend on whether the evidence would be admissible during trial under the Federal Rules of Evidence.

It is important to note that the above description relates only to federal preliminary injunction requests. State courts may also allow preliminary injunctions and may have rules that differ from those of the federal courts. 

John P. Aldrich
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