To obtain a Preliminary Injunction, which of the following is NOT required in the affidavit of support?

To obtain a Preliminary Injunction, which of the following is NOT required in the affidavit of support?

• A. Grounds for application
• B. Probability of success on the merits
• C. An Undertaking to indemnify the defendant for damages
• D. A summary of past case law

Answer: (D)

In seeking a preliminary injunction, the affidavit in support should establish why the injunction is warranted by facts: it sets out grounds for the application, shows a real chance of success on the merits, and includes an undertaking to indemnify the defendant for damages if the injunction proves wrongful. The item asking for a summary of past case law is not a required part of the affidavit itself; while you may cite or attach authorities to support your position, you don’t need to provide a narrative summary of prior cases within the affidavit.

In seeking a preliminary injunction, the affidavit in support should establish why the injunction is warranted by facts: it sets out grounds for the application, shows a real chance of success on the merits, and includes an undertaking to indemnify the defendant for damages if the injunction proves wrongful. The item asking for a summary of past case law is not a required part of the affidavit itself; while you may cite or attach authorities to support your position, you don’t need to provide a narrative summary of prior cases within the affidavit.