A provisional remedy, also known as a preliminary or interim remedy, is a legal or procedural action taken temporarily to address an issue before a final decision or judgment is reached in a legal proceeding. These measures are intended to protect the rights and interests of parties involved in a dispute until a thorough examination and resolution can occur. Provisional remedies are commonly used in various legal contexts, including civil litigation and arbitration.
Some common types of provisional remedies include:
- Preliminary Injunctions: A court order that prohibits a party from taking certain actions until a final decision is made. It aims to prevent irreparable harm that could occur before the case is resolved.
- Temporary Restraining Orders (TROs): Similar to preliminary injunctions, TROs are emergency measures that provide immediate relief for a short period, usually until a hearing can be held to determine if a preliminary injunction should be issued.
- Attachment or Prejudgment Lien: In some cases, a court may allow the seizure of a defendant’s property or assets to secure payment of a potential judgment.
- Receivership: A court-appointed receiver takes temporary control of certain assets or property to preserve their value during legal proceedings.
- Freezing Orders: Also known as asset freezing orders, these orders prevent a party from disposing of or dealing with their assets until a final judgment is reached.
Provisional remedies are granted when a party can demonstrate that there is a legitimate concern that without such measures, irreparable harm might occur, or the effectiveness of a final judgment could be compromised. These remedies are not permanent decisions but serve as safeguards to maintain the status quo until the legal process is concluded.
