Permanent Injunction Order With Motion In Allegheny
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Pre-Trial Procedure. (a) There will be a pre-trial conference in every civil case unless counsel for all parties stipulate in writing to the contrary and approval is granted by the Court.
Petitions for special relief are addressed by the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. 1915.13, which provides: At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief.
Receivers. (2) The plaintiff deposits with the prothonotary legal tender of the United States in an amount fixed by the court to be held by the prothonotary upon the same condition as provided for the bond. A hearing on the continuation or revocation of the appointment shall be held promptly.
Arbitration. The arbitration system in Allegheny County is compulsory non-binding arbitration with a ceiling of $50,000 on civil damage awards.
Code r. 3.13 - Verification. (a) Every pleading shall be verified, averring as true every fact not appearing of record in the action or containing a denial of fact based upon the signer's personal knowledge or information and belief.
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...
The plaintiff has the burden of proving that the defendant has breached the contract and that injunctive relief is necessary to prevent further harm. The plaintiff must also prove that the harm caused by the breach cannot be adequately compensated through monetary damages alone.
1920.2. Rule 1920.2 - Venue (a) The action, except a claim for custody, may be brought only in the county (1) in which the plaintiff or the defendant resides, or (2) upon which the parties have agreed (i) in a writing which shall be attached to the complaint, or (ii) by participating in the proceeding.
An injunction gives the party that filed the motion temporary relief from the same action or activity that they're asking the court to halt as part of their larger case.
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. See, e.g., Roe v. Wade 410 US 113 (1973).
