Also known as: provisionally · interim · temporary
Written by attorneys · grounded in primary & secondary sources — see below
A measure, order, or arrangement that is temporary in nature and designed to address an immediate situation until a final determination or permanent solution can be made.
Piper Patel leaves her apartment for a two-week business trip with a firm plan to return. A burglar breaks a window and enters while she is gone. The structure counts as a dwelling because the temporary absence does not remove its character as a place regularly used for sleeping.
Pulse Media obtains a temporary restraining order without notice to Pioneer Energy after showing immediate irreparable harm from threatened disclosure of trade secrets. The order states the date and hour issued, describes the injury, explains the lack of notice, and expires in fourteen days unless extended for good cause.
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Pavel Petrov agrees to deliver goods by a fixed date but a sudden port closure makes performance impossible for three weeks. His duty to perform is suspended during the closure. Once the port reopens the duty resumes because performance after the temporary stoppage is not materially more burdensome.
Patrick Phan faces foreclosure on his home during a statewide economic crisis. State legislation imposes a temporary moratorium on foreclosures. The law survives Contract Clause challenge because it serves an important public purpose through reasonable and narrowly tailored means.
Paul Peterson brings his child to this state after the other parent threatens abuse. The court exercises temporary emergency jurisdiction because the child is present and faces mistreatment. The order protects the child until a court with permanent jurisdiction can act.
Philip Powell seeks a distribution from the limited partnership before dissolution. The partnership has not decided to make an interim distribution. Powell has no right to demand payment even after his dissociation because only a partnership decision triggers an interim distribution right.
A temporary restraining order issued without notice expires at the time set by the court, not to exceed fourteen days after entry, unless the court extends it for good cause or the adverse party consents to a longer period. The reasons for any extension must be entered in the record.
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Temporary impracticability suspends the duty to perform while the condition exists. The duty is not discharged unless performance after the condition ends would be materially more burdensome than if the impracticability had never occurred.
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A court has temporary emergency jurisdiction when the child is present in the state and has been abandoned or faces mistreatment or abuse, or a sibling or parent faces the same threat. The order lasts only until a court with permanent jurisdiction can act.
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A temporary moratorium on mortgage foreclosures during an economic emergency can survive Contract Clause review if it serves an important and legitimate public purpose and uses reasonable and narrowly tailored means to address the emergency.
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…as a result of the Stuyvesant’s problems, they were inspected while in port. Those inspections revealed similar turbine damage. Temporary repairs were made, and newly designed parts were installed as permanent repairs that summer. When the Bay Ridge was completed in early 1979, it contained the newly designed parts and…