Since injunctions are used to allow the court to order a party to take (or cease to take) an action, they generally require surety bonds to be obtained by the party requesting the injunction. In the state of Minnesota, injunctions can be issued by a judge in one of three ways:
- Preliminary injunctions
- Temporary injunctions
- Permanent injunctions
What’s the difference between these three types of injunctions?
Preliminary injunctions are very commonly used, as they can be granted either before or during the process of a trial. The goal of these injunctions is normally to stop an action before a judgement has been made. When granting these injunctions, the court will require a party to take an action or ceases taking an action until the final verdict is reached. When requesting preliminary injunctions, an attorney must generally demonstrate that irreparable harm will occur.
Temporary injunctions are the most commonly used type of injunction because of the variety of situations in which they can be used. These types of injunctions are used to immediately stop any type of harm or damage from occurring. They can last a few days, weeks, months, or whatever amount of time the court decides. All temporary injunctions must have a notice of motion or an order to show cause to the adverse party. They are generally “granted if by affidavit, deposition testimony, or oral testimony in court, it appears that sufficient grounds exist therefor,” according to MN Rule 65. Injunctions.
Permanent injunctions are less commonly used because they are generally put into place after a preliminary or temporary injunction has already been granted. These types of injunctions are used after a verdict has been reached and the defendant has been found guilty or responsible. They are used to permanently bind a party and stop them from taking a certain action or continue to take an action that will prevent harm or damage from occurring to the party who requested the injunction.
Getting an Injunction Bond
Regardless of which type of injunction you are requesting in Minnesota, the court may require you to obtain an injunction bond. These types of surety bonds are used to provide security for the adverse party that the injunction is placed against. If a court requires you to obtain one, you will need to do so before your injunction can take effect.
Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.