May a preliminary injunction be issued ex parte?

• A. Yes if there is urgent need
• B. No, it cannot be issued ex parte; hearing and prior notice required; grave and irreparable injury
• C. Yes if the case is of public interest
• D. No, except in emergency involving national security

Answer: (B)

A preliminary injunction is a provisional remedy used to preserve the status quo until the case can be fully litigated. Because it affects a party’s rights, it requires due process: there must be notice and a hearing so the other side can respond, and the court can assess the movant’s evidence and the merits of the claim. Ex parte issuance of a preliminary injunction would bypass that crucial right to be heard, so it is not allowed. The only ex parte relief that can be sought in this area is a temporary restraining order, which is limited in time and must be followed by a formal notice and a hearing on whether a preliminary injunction should issue. The movant must show that there is grave and irreparable injury if relief is not granted and that there is a reasonable likelihood of success on the merits, along with other typical criteria. So the correct view is that a preliminary injunction cannot be issued ex parte; hearing and prior notice are required, with the danger of grave and irreparable injury if relief is delayed.