provisional remedies
Provisional remedies are court-ordered measures issued before final judgment to preserve the status quo or secure property or rights pending the outcome of litigation. Their purpose is to prevent irreparable harm or dissipation of assets. Common provisional remedies include attachment, garnishment, replevin, receivership, notice of pendency (lis pendens), and temporary injunctive relief, such as temporary restraining orders and preliminary injunctions.
Because provisional remedies may result in the deprivation of property or liberty, they are subject to the Due Process Clauses of the Constitution. However, they generally require fewer procedural safeguards than final judgments, since function is temporary and preventive rather than conclusive.
Courts employ several safeguards ordering provisional remedies. Ordinarily, the court requires notice and a hearing before issuing a provisional remedy. Temporary restraining orders are a limited exception and may be granted ex parte under narrow circumstances when immediate and irreparable harm is likely. Courts also typically require the moving party to post a bond sufficient to cover damages if the remedy is later found to have been wrongfully issued. In appropriate cases, courts may waive or reduce bond requirements for indigent movants. See: Mitchell v. W. T. Grant Co., 416 U.S. 600.
In federal court, Rule 65 of the Federal Rules of Civil Procedure governs temporary restraining orders and preliminary injunctions. Rule 64 authorizes federal courts to apply any provisional remedy available under the law of the state in which the federal court sits. State courts follow their respective state civil procedure rules. See also: civil procedure.
[Last reviewed in December of 2025 by the Wex Definitions Team]
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