Legal Dictionary

Provisional Remedy

A provisional remedy refers to a legal measure that is granted by a court to provide temporary relief or protection to a party involved in a legal dispute, pending the final resolution of the case. It is typically sought when immediate action is necessary to prevent irreparable harm or to maintain the status quo.

Frequently Asked Questions

What are the common types of provisional remedies?

Common types of provisional remedies include temporary restraining orders (TROs), preliminary injunctions, attachment orders, and writs of possession. These remedies aim to preserve the rights and interests of the parties involved until a final judgment is rendered.

How can one obtain a provisional remedy?

To obtain a provisional remedy, a party must file a motion or petition with the court, supported by evidence and legal arguments demonstrating the need for immediate relief. The court will then evaluate the merits of the request and decide whether to grant the provisional remedy based on the specific circumstances of the case.
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