Provisional Remedies

Definition

Provisional remedies are orders or proceedings that protect persons or property while legal proceedings are pending.

Purpose

The purpose of provisional remedies is to provide immediate relief or protection to parties involved in legal disputes, ensuring that their rights or property are preserved until a final decision is made.

Examples of Use

• A court may issue a temporary restraining order to prevent harm to a person during a legal dispute.
• Attachment orders can secure a defendant’s property to ensure it is available to satisfy a future judgment.
• Receivership involves appointing a third party to manage property or assets during litigation.

Related Terms

• Injunction: A court order requiring a party to do or refrain from doing specific acts.
• Temporary Restraining Order (TRO): A short-term order issued to prevent immediate harm or injustice.
• Attachment: The legal process of seizing property to secure a potential judgment.

Notes

Provisional remedies are critical in protecting the interests of parties during lengthy legal processes, preventing irreversible damage or loss.