Provisional remedies are court-ordered measures taken to secure certain rights, privileges, or interests of a party involved in a legal dispute. In some cases, they are made available on an interim basis before the dispute is fully resolved. These measures are meant to “preserve the status quo” and safeguard a party’s rights until a more permanent decision is made. Common provisional remedies include injunctions, orders to turn over certain documents, temporary orders of possession, and receiverships.
Examples of Provisional Remedies
For example, if a business partner is accused of stealing trade secrets, a court could issue a preliminary injunction to prevent the partner from using or disclosing the information until the matter is resolved. Likewise, if someone is accused of breaching a contract, a court might issue a temporary restraining order until the dispute can be resolved in court. A receiver might be appointed if there is a need to secure or dispose of a certain asset.
Legal Implications of Provisional Remedies
It is important to note that provisional remedies are not a substitute for a final judgment in a legal case. Rather, they are meant to prevent irreparable harm or injury while the dispute is being litigated. As such, they are considered extraordinary measures that should be used only in the most serious cases. Moreover, provisional remedies must be granted before any permanent damages can be determined, so parties must be sure to act quickly and strategically to protect their rights.