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Difference Between Temporary Injunction And Stay Order In Cook
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Multi-State
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Cook
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US-000299
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FAQ
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
A stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding.
With a preliminary injunction, the trial court must make that deci- sion at the very beginning of the lawsuit, well before it determines the merits. With a stay, the court must make that decision at the very beginning of the appeal, well before it determines the merits of the appeal.
An injunction pending appeal is most likely in a civil case in which enforcement of the judgment awarded in trial court is stayed, or ordered by the court to be enjoined from enforcement and remain inactive until the appeal is decided.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Injunctions are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt.
To cover those situations in which notice cannot be reasonably given, Rule 65 provides for temporary restraining orders (or TROs), A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.