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Complaint For Declaratory Judgment And Injunctive Relief In Massachusetts
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In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
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.
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.
“There is no statute of limitations applicable to declaratory actions; instead, the Court looks to the statute that applies to the underlying dispute.” See Connor v. DA, 34 Mass. L.
Contempt of Court and Enforcement If a party fails to comply with the order, the court can hold the party in contempt of court. Contempt of court can result in fines, imprisonment, or both. The injured party can also seek enforcement of the injunctive order through the legal system.
Served By. The injunction or order is served by a U.S. Marshal or another person, presumably a law enforcement officer, specifically appointed by the court in ance with Federal Rule of Civil Procedure 4.1(a).
Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.
The statute of limitations on judgments in Massachusetts are 20 years and can be renewed by the court for another 5 years if the judgment is still not satisfied.