Pretrial Injunctive Relief: Seeking a Temporary Restraining Order (TRO) or Interlocutory Injunction (GA)

Summary

This practice note discusses the procedure for obtaining the provisional remedy of preliminary injunctive relief in Georgia’s superior courts. It covers preliminary injunctions and temporary restraining orders (TROs) under O.C.G.A. § 9-11-65(b) and interlocutory injunctions under O.C.G.A. § 9-11-65(a). Specifically, this note provides an overview of injunctive relief and addresses topics such as preparing, filing, and serving the required preliminary injunction and TRO motion papers; handling a preliminary injunction hearing; and post-hearing procedures. Remember, Georgia state courts do not hear equitable matters. O.C.G.A. § 23-1-1. Therefore, all requests for injunctive relief must be brought in superior court. If you plan to seek injunctive relief as part of your complaint, you must bring the case in superior court.