In assessing the evidence with respect to irreparable harm, does the court have to rely only on admissible evidence?

MultiRegion, United States of America

The following excerpt is from Herb Reed Enters., LLC v. Fla. Entm't Mgmt., Inc., 736 F.3d 1239 (9th Cir. 2013):

5. In assessing the evidence with respect to irreparable harm, we reject Marshak's assertion that the district court may rely only on admissible evidence to support its finding of irreparable harm. Not so. Due to the urgency of obtaining a preliminary injunction at a point when there has been limited factual development, the rules of evidence do not apply strictly to preliminary injunction proceedings. See Republic of the Philippines v. Marcos, 862 F.2d 1355, 1363 (9th Cir.1988) (It was within the discretion of the district court to accept ... hearsay for purposes of deciding whether to issue the preliminary injunction.).

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