Complaint For Declaratory Judgment And Injunctive Relief In Allegheny
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Because an injunction is a court order, a violation of which can result in a sanction, it seems “stronger” than the declaratory judgment, which only sets out the relative legal positions of the parties.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
One example of a declaratory judgment case is to ask the court to determine who owns a piece of property, or to ask the court to enforce an easement. This is especially common in what is called a “quiet title” action.
It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
In other words, the declaratory judgment results in a ruling on the legal issues, while injunctive relief is the action taken based on that ruling. A plaintiff will seek permanent injunctive relief.
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
As in most states, the statute of limitations in civil cases in Pennsylvania is two years. In most cases, this means that victims have two years from the date of their injury to file a civil lawsuit.
If you are filing the Complaint originally in Common Pleas Court, under Pennsylvania law, service of the Complaint on a resident of Pennsylvania must be made by the Sheriff. You must take two file-stamped copies (the Defendant's copy and the Sheriff's service copy) of the Complaint to the Sheriff for service.
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.
