Provisional remedy

The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.

FRCP 65 concerns Temporary Restraining Order (may be made ex parte) and preliminary injunction (requires some hearing).

The 3-part test established in Matthews determines whether a prejudgment remedy meets the constitutional requirements when Government seeks deprivation on its own initiative.

The 3-part test established in Connecticut v. Doehr determines whether a prejudgment remedy meets the constitutional requirements when Government action is applied to a suit between private parties.

The court must also take into account whether there are exigent circumstances, a bond requirement, a judicial assessment, a detailed statement of factual basis, and a prompt post-seizure hearing.