Select your state

Civil procedure

injunctions

An injunction is a court order requiring the parties to whom it is addressed (the enjoined parties) not to engage in certain activity (a prohibitory injunction) or to engage in certain activity (an affirmative injunction), and is usually designed to maintain the current state of things (the status quo).

In South Dakota, an injunction is a legal remedy issued by a court that commands or prohibits specific actions by the parties involved. A prohibitory injunction prevents the enjoined parties from performing certain acts, while an affirmative injunction requires them to undertake specific actions. The purpose of an injunction is often to preserve the status quo pending a final determination on the merits of the case. To obtain an injunction in South Dakota, the party seeking the injunction must file a complaint and demonstrate that they will suffer irreparable harm without the injunction, that legal remedies are inadequate, and that they are likely to succeed on the merits of the case. South Dakota courts will consider the balance of harms between the parties and the public interest when deciding whether to grant an injunction. The process and standards for obtaining an injunction are governed by South Dakota state statutes and case law, as well as applicable federal laws if the matter falls under federal jurisdiction.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

injunctions

Individual & Family Legal Plan

Articles

South-Dakota State Code

South-Dakota State Code

Civil procedure

injunctions

Articles