Emergency Injunction Form With Motion In Contra Costa
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Every case-initiating document filed in the Central District must be filed electronically, except: (a) in criminal cases; (b) in sealed cases, or where leave to file the case under seal is sought; or (c) where the filer is exempt from e-filing pursuant to Local Rule 5-4.2(a), such as parties who are not represented by ...
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The Superior Court of Contra Costa implemented its E-filing system in 2022. They selected Odyssey Case Manager from Tyler Technologies, a software solution in use by 29 of the 58 courts in the state.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
A temporary restraining order is an emergency injunction that helps ensure the individual requesting the injunctive relief is protected from the actions of the other party. It “restrains” the other party from taking some act or that party will face contempt of court.
Mandatory Injunction: Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
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).
