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PROVISIONAL REMEDIES (Rules 57-61)

Nature of provisional remedies

(1) Provisional remedies are temporary, auxiliary, and ancillary remedies

available to a litigant for the protection and preservation of his rights while
the main action is pending. They are writs and processes which are not
main actions and they presuppose the existence of a principal action.
(2) Provisional remedies are resorted to by litigants for any of the following
reasons:
(a) To preserve or protect their rights or interests while the main action is
pending;
(b) To secure the judgment;
(c) To preserve the status quo; or
(d) To preserve the subject matter of the action.
(3) Provisional remedies specified under the rules are:
(a) Preliminary attachment (Rule 57); A
(b) Preliminary injunction (Rule 58); I
(c) Receivership (Rule 59); R
(d) Replevin (Rule 60); and R
(e) Support pendente lite (Rule 61). S
(4) 1999 Bar: What are the provisional remedies under the rules? (2%)
Answer: The provisional remedies under the Rules are preliminary
attachment, preliminary injunction, receivership, replevin, and support
pendente lite.

Jurisdiction over provisional remedies