Legal Definitions - provisional remedy

A provisional remedy is a temporary court order issued early in a lawsuit, designed to protect a party's rights or property while the case is still ongoing and before a final judgment has been reached. Its purpose is to prevent immediate harm or to preserve the status quo until the court can make a full and final decision on the merits of the dispute.

Here are some examples:

• Example 1: Protecting a Unique Asset in a Business Dispute

  Imagine two business partners are in a heated legal dispute over the ownership of a rare, custom-built piece of manufacturing equipment essential to their joint venture. One partner fears the other might try to sell the equipment or move it to an unknown location before the court decides who rightfully owns it. To prevent this potential loss or damage, the concerned partner could ask the court for a provisional remedy.

  How it illustrates the term: The court might issue a temporary order prohibiting either partner from selling, moving, or altering the equipment until the lawsuit is fully resolved. This order is "provisional" because it's temporary and issued "before judgment" to protect the asset while the main legal battle unfolds.

• Example 2: Ensuring Child Safety During Divorce Proceedings

  During a contentious divorce, one parent alleges that the other parent, who has a history of substance abuse, is planning to take their children on an extended trip out of the country without permission, potentially putting the children at risk. The final custody arrangements are still being negotiated and will take months to finalize.

  How it illustrates the term: The concerned parent could seek a provisional remedy. The court might issue a temporary order preventing the children from leaving the country or granting temporary sole custody to the alleging parent, pending a full hearing on the permanent custody arrangement. This temporary measure protects the children's safety and stability while the larger divorce and custody case proceeds.

• Example 3: Preventing the Spread of Stolen Trade Secrets

  A technology company discovers that a former high-level employee has left to start a competing business and is actively using the company's proprietary customer database and confidential marketing strategies, which are considered trade secrets. The company files a lawsuit for trade secret theft, but proving the full extent of the damage and getting a final judgment could take years.

  How it illustrates the term: The company could immediately seek a provisional remedy. The court might issue a temporary order compelling the former employee to immediately cease using or distributing the stolen information and to return all copies, until the full trade secret infringement case can be heard and decided. This temporary injunction prevents ongoing harm to the company's business and intellectual property while the lawsuit is pending.