How to File a Preliminary Injunction

[Cut down on time drafting motions and download Bloomberg Law’s preliminary injunction sample form that can be easily adapted to an individual case.]

Granted before or during a trial, preliminary injunctions are issued to maintain the status quo between parties before final judgment.

This article outlines preliminary injunctions, explains the hearing process, and provides a downloadable sample motion.


JOHN PLAINTIFF, et al., Plaintiffs, vs.

DEFENDANT COMPANY INC., et al., Defendants.

Case No.


     Plaintiffs hereby move pursuant to Federal Rule of Civil Procedure 65 for a preliminary injunction prohibiting Defendants from engaging in [insert conduct] until this Court has an opportunity to issue a final judgment on the merits.

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm Plaintiffs are likely to suffer if the preliminary injunction is denied outweighs the harm that Defendants are likely to suffer as a result of the preliminary injunction; and (4) the public interest favors issuing the preliminary injunction.


[Insert a high-level description of defendants’ conduct and why a preliminary injunction is necessary to prevent plaintiffs from suffering irreparable harm.]


[Insert a discussion of facts that sets out, in a narrative fashion, everything plaintiffs will rely on in their arguments below. For each fact, make sure to cite the relevant affidavit/declaration paragraph or exhibit to support it.]


[Insert paragraphs setting forth circuit or state court precedent governing the standards for issuing preliminary injunctions. See Point of Law.]


I. The Plaintiffs Have Made the Required Showing for a Preliminary Injunction

A. Plaintiffs Have Demonstrated a Likelihood of Success on the Merits

[Insert arguments demonstrating why plaintiffs are likely to establish each defendant’s liability for each claim.]

B. Plaintiffs Are Likely to Suffer Irreparable Harm in the Absence of Preliminary Relief

[Insert arguments demonstrating the harm that defendants will cause in the absence of a preliminary injunction.]

C. The Balance of Equities Favors the Plaintiffs

[Insert arguments to demonstrate that the preliminary injunction will cause less harm to defendants than plaintiffs will suffer if the preliminary injunction does not issue.]

D. The Issuance of a Preliminary Injunction is in the Public Interest

[Insert arguments demonstrating why a preliminary injunction would be consonant with the public interest.]

II. The Bond Amount Is Reasonable

[Insert arguments explaining how the amount of security proposed is sufficient to compensate defendants if they are wrongfully enjoined.]

III. Plaintiffs Should Be Provided with an Opportunity to Conduct Expedited Discovery

[If necessary, insert argument demonstrating why additional discovery is needed prior to the preliminary injunction hearing.]


     For the foregoing reasons, this Court should grant the injunctive relief Plaintiffs request, approve security in the amount of [AMOUNT], provide Plaintiffs with an opportunity to conduct expedited discovery, and order such further relief as this Court deems appropriate.

Dated: [DATE]

Respectfully submitted, _______________________________
[NAME(S), Bar No. (if applicable)]
Attorneys for Plaintiffs [NAMES]


I HEREBY CERTIFY that on [DATE], a true and correct copy of the foregoing has been served on [PARTIES] via [METHOD].


Attorney for Plaintiffs [NAMES]

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