Legal Definitions - speedy remedy

A speedy remedy refers to a legal solution or relief that is provided quickly and without unnecessary delay, often in situations where prompt action is crucial to prevent ongoing harm, preserve rights, or address an urgent injustice. It emphasizes the timely resolution of a legal issue, contrasting with the often lengthy timelines of standard litigation.

Here are some examples:

• Imagine a situation where a person is experiencing severe harassment and threats from a former associate and fears for their immediate safety. They can petition the court for a temporary restraining order (TRO).

  This is a speedy remedy because the court can issue this order very quickly, sometimes within hours or a day, without a full trial. Its purpose is to immediately prohibit the former associate from contacting or approaching the victim, thereby addressing the urgent threat to safety without the typical delays of a standard lawsuit.

• Consider a small technology company that discovers a larger competitor is about to publish highly confidential trade secrets that were illegally obtained. The publication would cause immediate and irreversible damage to the small company's market position and future prospects.

  The small business can seek an emergency injunction from a court. This is a speedy remedy because the court can issue an order very quickly, often within days, compelling the competitor to halt publication of the trade secrets until a full hearing can determine the facts. This immediate legal intervention prevents irreparable harm to the business's intellectual property and competitive advantage before the damage is done.

• Suppose a parent discovers that their child is in immediate physical danger or experiencing severe neglect while in the custody of the other parent. Waiting for the standard court schedule could put the child at significant risk.

  The concerned parent can file an emergency motion with the family court for temporary sole custody or an immediate change in visitation. This is a speedy remedy because the court will often schedule an emergency hearing within a few days, or even on the same day, to assess the immediate risk to the child and issue temporary orders to ensure the child's safety. This rapid judicial response prioritizes the child's well-being by providing immediate protection without waiting for the lengthy process of a standard custody trial.