USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief, including TROs, can be obtained on an ex parte basis. An ex parte TRO is issued without providing notice to the respondent (the opposing party) and without the respondent being present. This procedure is typically used in emergency situations where immediate action is necessary to prevent irreparable harm. 6.4 Liability for Damages for the Applicant If the respondent successfully challenges and discharges an injunction, the applicant can be held liable for any damages suffered by the respondent owing to the injunction. These dam- ages can include financial losses, legal fees, and other harm directly caused by the injunction. In some cases, the court may require the appli- cant to post a bond or provide security to cover potential damages that the respondent may suf- fer if the injunction is later dissolved. This bond is often known as a “bond for damages”. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief generally applies to actions or assets within the jurisdiction of the court. It does not typically extend to worldwide assets of a party. Injunctive relief issued by a US court is generally enforceable within the USA and its ter- ritories but does not have extraterritorial effect. Parties seeking to enforce injunctive relief against assets or conduct occurring outside the USA often face complex and international legal considerations. To achieve enforcement beyond the USA, additional steps may be necessary, such as seeking recognition and enforcement of an injunction in a foreign jurisdiction through international treaties, conventions, or reciprocal agreements. The principles of comity and inter-
cess for obtaining injunctive relief, including TROs and preliminary injunctions, is designed to address emergency situations promptly. When a party believes that they need urgent injunctive relief, they can file a motion with the court explaining the circumstances and the need for immediate action. This motion typical- ly includes evidence and legal arguments. The court reviews the motion and supporting docu- ments to determine whether there is an immedi - ate need for injunctive relief. If there is, the court will issue an injunction, often without prior notice to the opposing party. A TRO is a short-term emergency injunction often issued without a full hearing. TROs are often issued on an ex parte basis, meaning that they are granted without notifying the opposing party. The TRO typically lasts for a short period, often no more than 14 days. After issuing a TRO, the court typically sched- ules a hearing on a preliminary injunction. At this hearing, both parties have the opportu- nity to present their arguments and evidence, and the court decides whether to convert the TRO into a preliminary injunction. A preliminary injunction typically lasts until a trial on the merits concludes. Many federal courts handle emergency or out- of-hours requests for injunctive relief. Certain judges are often designated to handle emer- gency matters, even outside regular court hours. TROs and preliminary injunctions are not per- manent solutions but temporary measures to address immediate needs. To obtain a perma- nent injunction, parties must proceed to a trial on the merits.
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