What is often a critical step before a preliminary injunction is issued in a case?

Before a preliminary injunction is issued, it is essential for the party requesting the injunction to demonstrate a likelihood of success on the merits of their case. This requirement ensures that the court assesses whether there is a strong foundation for the claims being made. The concept behind this is to prevent the issuance of an injunction based solely on mere allegations or potential harms; instead, the court seeks some assurance that the requesting party is likely to win their case if it were to proceed to trial.

This step is significant because preliminary injunctions are extraordinary remedies that can affect the rights of parties before a full hearing takes place. Therefore, showing a likelihood of success helps justify the disruption that an injunction may cause to the opposing party's actions or rights.

In contrast, options like a jury review of the case details or closing arguments from both parties are not typically part of the preliminary injunction process, as these actions occur later in the courtroom context. Similarly, while verification of substantive evidence may be relevant to the broader litigation process, it is the demonstration of potential success on the merits that is critical specifically for the issuance of a preliminary injunction.