Stopping the Clock: A Guide to Preliminary Injunctions in Alabama Litigation

In high-stakes litigation, waiting for a final trial verdict isn’t always an option. Sometimes, immediate action is required to prevent a business from collapsing, a trade secret from being stolen, or property from being irreparably damaged.

In Alabama, this immediate action often takes the form of a preliminary injunction.

This “extraordinary remedy” is a powerful tool in civil procedure, but it is not granted lightly. Whether you are seeking to stop harmful conduct or defending against an injunction request, understanding the strict rules and high burden of proof is essential.

What is a Preliminary Injunction?

A preliminary injunction is a temporary court order issued before or during a trial. Its primary purpose is to preserve the status quo—keeping things exactly as they are so that the subject of the lawsuit isn’t destroyed, wasted, or hidden before the court can make a final decision.

It is distinct from a Temporary Restraining Order (TRO) in two key ways:

1. Notice: Unlike a TRO, which can be issued ex parte (without the other party present), a preliminary injunction requires notice to the adverse party and usually involves a hearing.
2. Duration: It remains effective until a full trial on the merits can be held.

When Are Preliminary Injunctions Used?

Courts generally issue these orders only when money damages are not enough to fix the harm. If a check can solve the problem later, a judge is unlikely to grant an injunction now.

Common scenarios in Alabama where preliminary injunctions are sought include:

• Business & Employment: Enforcing non-competition or non-solicitation clauses, or stopping former employees from leaking trade secrets.
• Real Estate: Preventing the obstruction of public roads, halting construction that creates a nuisance, or stopping the relocation of an easement.
• Nuisance: Stopping activities that cause imminent danger, such as a developer discharging sediment into a drinking water source.
• Corporate Control: Freezing assets to prevent them from vanishing or stopping a board of directors from interfering with an official’s authority.

The Burden of Proof: How to Win an Injunction

Because a preliminary injunction is considered an “extraordinary remedy,” the burden of proof on the plaintiff (the moving party) is heavy. Alabama courts generally apply one of two tests to determine if an injunction should be granted.

The Four-Factor Test

To prevail, the plaintiff typically must prove:

1. A substantial likelihood of success on the merits of the case.
2. A substantial threat of irreparable injury if the order is not issued.
3. The threatened injury outweighs the potential harm the injunction might cause the defendant.
4. Granting the injunction will not hurt the public interest.

The Three-Pronged Test

Alternatively, courts may look at:

1. Whether the party has presented a “fair question” regarding the right to be protected.
2. Whether the injunction is necessary to prevent irreparable injury.
3. Whether that injury is both imminent and irreparable.

Note on Evidence: You do not need to prove you will “certainly” win the trial. However, you must present a “fair question” or “reasonable chance of success.” The harm must be real and immediate—courts will not issue orders based on fear of a “possible” injury.

Procedural Requirements: Rule 65

Judges have wide discretion, but they must follow Rule 65 of the Alabama Rules of Civil Procedure. Two requirements are vital:

1. Specificity: A judge cannot simply order someone to “obey the law.” The order must be specific in its reasons and describe the restrained acts in reasonable detail.
2. The Bond Requirement: Generally, a preliminary injunction cannot be issued unless the plaintiff posts a security bond. This money covers the defendant’s costs and damages if it is later revealed they were wrongfully enjoined. (Exceptions exist for the State of Alabama and domestic relations cases).

When Will an Injunction Be Denied?

Even if the conduct is bad, an injunction is not always the answer. A judge will likely deny the request if:

• Adequate Remedy at Law: Money can fully compensate the plaintiff.
• Speculative Harm: The fear of injury is based on “fanciful” concerns rather than imminent facts.
• Unclean Hands: The plaintiff acted unethically regarding the transaction in question.
• Undue Hardship: The injunction would cause massive hardship to the defendant that outweighs the small benefit to the plaintiff.

The Impact on Your Case

In Alabama, requesting a preliminary injunction accelerates the litigation timeline. It often forces the court to look at the core merits of the case very early on.

However, it is a high-risk, high-reward strategy. If you win, you protect your interests immediately. If you lose, or if the court finds you were “wrongfully enjoining” the other party, you could be liable for damages and attorney fees taken from the bond you posted.

Seeking a preliminary injunction is a high-stakes decision that requires immediate, strategic action. If you believe you are facing imminent harm or need to defend against an injunction request, contact my office today to schedule a consultation. We can determine together the right path to protect your interests.

Disclaimer: This blog post provides general information regarding Alabama law and does not constitute legal advice. The standards for preliminary injunctions are fact-specific. Please consult with an attorney regarding your specific legal situation.