Provisional
remedies are writs and processes
available during the pendency of the action which may be resorted to by a
litigant to preserve and protect certain rights and interests therein pending
rendition, and for purposes of the ultimate effects, of a final judgment in the
case. They are provisional because they constitute temporary measures
availed of during the pendency of the action, and they are ancillary
because they are mere incidents in and are dependent upon the result of the
main action.
Provisional remedies are
not main actions. They are merely ancillary actions attached to the main or
general action. They are in aid of the principal action and cannot exist
independently of the principal action. The
purpose of provisional remedies is
to preserve or protect the rights or interests of the parties during the
pendency of the principal action.
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