How To Seek an Injunction in Tennessee

Are you dealing with a situation where someone’s actions are threatening to cause you immediate and irreparable harm? In Tennessee, the law provides you with a legal solution called an injunction. An injunction is a court order that can force someone to do something, or more commonly, to stop doing something specific. In Tennessee, the injunction process is governed by Tennessee Rule of Civil Procedure 65 and varies depending on the urgency and nature of the harm. In this article, we discuss the steps for seeking injunctions in Tennessee. Read on!

Types of Injunctions in Tennessee

Before moving to seeking an injunction in Tennessee, you first need to understand the different types of injunctions in the state. There are three main types of injunctions in Tennessee;

1. Temporary Restraining Orders (TROs): Meant to prevent immediate, irreversible harm before the other party has an opportunity to be formally notified and heard.
2. Temporary Injunctions: Meant to stop harm that is present but less immediately catastrophic.
3. Permanent Injunctions: Meant for instances where ongoing or future harm is likely to occur

Choosing the right type of injunction to seek generally depends on the nature and imminence of the threat.

Seeking a Temporary Restraining Order (TRO)

This injunction, which can be thought of as a short-term fix until a more thorough hearing can be scheduled, can be granted with or without the adverse party being present. Usually, it expires after 15 days, but it can be extended if a good cause exists or the adverse party consents. A TRO is issued based on sworn documents, not live testimony.

Below is the process for seeking a TRO;

1. File a legal complaint along with a separate application for a TRO, both of which must be either sworn under oath or backed by detailed affidavits.
2. Show immediate and irreparable harm.
3. Certify in writing all efforts made to notify the adverse party and explain why notice should not be required.
4. Post a bond to cover costs and damages the restrained party might incur if the injunction is later found to be wrongful.
5. Wait for the court to make a decision

If the judge is satisfied with everything, they will sign an order, which must be served to the retrained party.

Seeking a Temporary Injunction

A temporary injunction offers relief until the case is finalized in court, meaning it lasts longer than a TRO.

Here is how to seek a temporary injunction;

1. File a motion and ensure the other party is properly notified of the upcoming hearing
2. Prove the following;

• Likelihood of success on the merits, or in other words, that you will likely win your underlying case.
• You are likely to suffer irreparable harm without the injunction
• The harm you’ll suffer is more serious than any harm the adverse party could suffer if the injunction is granted.
• The injunction is in the public interest.

3. Post a bond
4. Wait for the court to make a decision

Seeking a Permanent Injunction

You don’t file a separate motion for a permanent injunction. Instead, you wait to see if a permanent injunction will be granted at the end of your lawsuit as part of the court’s final judgment. To obtain a permanent injunction, you need to successfully prove your entire underlying case and show that legal remedies like financial compensation are insufficient.

Contact Us for Legal Help

For help seeking an injunction, contact our experienced Knoxville civil litigation attorneys at Reynold, Atkins, Brezina & Stewart, PLLC.

Source:

tncourts.gov/sites/default/files/docs/civil_the_who_what_how_and_where_of_injunctions_-_handout.pdf