context: It is well established that "a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits." In keeping with this principle, many of our sister Circuits have recognized that "[a]ffidavits and other hearsay materials are often received in preliminary injunction proceedings."
citation_a.signal: cf.
citation_a.identifier: 348 F.3d 1182, 1188
citation_a.parenthetical: "The Federal Rules of Evidence do not apply to preliminary injunction hearings."
citation_a.sentence: Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1171 (7th Cir.1997) (citing Asseo); Levi Strauss & Co. v. Sunrise Int’l Trading, Inc., 51 F.3d 982, 985 (11th Cir.1995) (“At the preliminary injunction stage, a district court may rely on affidavits and hearsay materials which would not be admissible evidence for a permanent injunction....”); Sierra Club, Lone Star Chapter v. FDIC, 992 F.2d 545, 551 (5th Cir.1993) (courts at preliminary injunction stage “may rely on otherwise inadmissible evidence, including hearsay”); Flynt Distrib. Co. v. Harvey, 734 F.2d 1389, 1394 (9th Cir.1984) (“The urgency of obtaining a preliminary injunction ... makes it difficult to obtain affidavits from persons who would be competent to testify at trial. The trial court may even give inadmissible evidence some weight ....”); cf. Heideman v. South Salt Lake City, 348 F.3d 1182, 1188 (10th Cir.2003) (“The Federal Rules of Evidence do not apply to preliminary injunction hearings.”).
citation_b.signal: see also
citation_b.identifier: 992 F.2d 545, 551
citation_b.parenthetical: courts at preliminary injunction stage "may rely on otherwise inadmissible evidence, including hearsay"
citation_b.sentence: Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1171 (7th Cir.1997) (citing Asseo); Levi Strauss & Co. v. Sunrise Int’l Trading, Inc., 51 F.3d 982, 985 (11th Cir.1995) (“At the preliminary injunction stage, a district court may rely on affidavits and hearsay materials which would not be admissible evidence for a permanent injunction....”); Sierra Club, Lone Star Chapter v. FDIC, 992 F.2d 545, 551 (5th Cir.1993) (courts at preliminary injunction stage “may rely on otherwise inadmissible evidence, including hearsay”); Flynt Distrib. Co. v. Harvey, 734 F.2d 1389, 1394 (9th Cir.1984) (“The urgency of obtaining a preliminary injunction ... makes it difficult to obtain affidavits from persons who would be competent to testify at trial. The trial court may even give inadmissible evidence some weight ....”); cf. Heideman v. South Salt Lake City, 348 F.3d 1182, 1188 (10th Cir.2003) (“The Federal Rules of Evidence do not apply to preliminary injunction hearings.”).