| name | preliminary-injunction |
| title | Motion for Preliminary Injunction |
| description | Drafts a Motion for Preliminary Injunction applying the Winter four-factor test with jurisdiction-specific procedural compliance. Covers merits analysis, irreparable harm, equities balancing, bond, and proposed order language. Use when filing for preliminary injunction, TRO, temporary restraining order, or emergency injunctive relief in federal or state court. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/preliminary-injunction |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
Motion for Preliminary Injunction
Drafts a procedurally compliant motion for preliminary injunction that satisfies the applicable multi-factor test and builds an appellate record.
Prerequisites
Before drafting, collect:
- Filed or ready-to-file complaint with identified causes of action
- Supporting documents — contracts, correspondence, declarations, exhibits
- Court, case number, and applicable rules (FRCP 65 or state equivalent)
- Evidence of imminent irreparable injury
- Specific injunctive terms — conduct to be enjoined or compelled
Quick Start
- Research jurisdiction — identify governing rule, injunction standard (Winter strict vs. sliding scale), local rules, bond requirements, and emergency/TRO procedures
- Draft motion following the structure below
- Verify every factual assertion cites a declaration, exhibit, or document
- Confirm all legal citations use proper Bluebook format
- Check page limits and formatting against local rules
Motion Structure
1. Caption and Procedural Framework
- Full party names matching the complaint
- Court name with division/department, case number
- Title: "Plaintiff's Motion for Preliminary Injunction"
- Hearing date or request for expedited consideration
- List simultaneous filings (proposed order, declarations, exhibits)
2. Introduction (1-2 pages)
- State exact conduct to enjoin/compel in order-ready language
- Cite procedural authority (Rule 65 or equivalent)
- Preview satisfaction of each factor
- Frame consequences of inaction concretely
3. Statement of Facts
- Chronological narrative citing specific exhibits, dates, amounts, and verbatim quotes
- Distinguish undisputed from contested facts with evidentiary support
- No legal conclusions — let facts drive the argument
4. Legal Standard
State the Winter four-factor test with controlling authority. Note circuit-specific variations — sliding scale, "serious questions" alternative, heightened standard for mandatory injunctions.
5. Factor Analysis
A. Likelihood of Success on the Merits — For each cause of action:
| Step | Content |
|---|
| Elements | State with controlling citation |
| Application | Map facts to each element with record cites |
