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Permanent Injunction For Suit In Massachusetts
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The judge may declare a mistrial as to any charges upon which the jury cannot agree upon a verdict; provided, however, that the judge may first require the jury to return verdicts on those charges upon which the jury can agree and direct that such verdicts be received and recorded.
Rule 65 lays out the requirements for obtaining immediate relief (a temporary restraining order, or TRO), as well as intermediate relief (a preliminary injunction), and permanent relief (a judgment, or final decree).
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend". The language includes a defendant's complete failure to file any papers at all, as well as his failure, after filing an appearance, to file an answer.
Massachusetts Rule 65 of Civil Procedure allows those in litigation to bring a motion for an injunction against the other party. At Law Offices of Alan M. Cohen & Associates LLC, we often use injunctions to prevent debtors from hiding their assets.
To qualify for a retirement benefit you must be vested in your retirement system. Vesting means you have met the minimum service requirements to qualify for a benefit. For most members, that means you have a minimum of 10 years of full-time creditable service. You would still have to meet the minimum age requirements.
Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer. This is especially important if the harasser has a lawyer or if the case is going to trial.
You can also contact the courthouse directly where you wish to file an injunction to ask if they have a form for you to use, or if you have to draft your own injunction. Court have some forms for people to use, but there are several court filings that a form is not provided for.
Examples: Permanent injunctions are often issued in cases involving ongoing nuisances, such as a factory emitting harmful pollutants, or in cases of trademark infringement, where a company is permanently prohibited from using a trademark that belongs to another business.
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'.
Requests for mandatory injunctions are only granted if the facts are clearly favorable toward the moving party. When a court decides to issue a mandatory injunction, the injunction must be least oppressive while still protecting the plaintiff's rights.