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Temporary Injunction Form With Motion To Dismiss In Massachusetts
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Standard for Preliminary Injunctive Relief: What matters as to each party is not the raw amount of irreparable harm the party might conceivably suffer, but rather the risk of such harm in light of the party's chance of success on the merits.
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.
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.
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 36 allows some cases to be dismissed in Massachusetts criminal courts if they go past a year. This is different from the “speedy trial” constitutional right, but it's the same principle.
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.
The defendant in a restraining order can file a request to modify or terminate a restraining order. If they do, the court will schedule a hearing and mail you a copy of the motion with the hearing date so you can attend and oppose the request.
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 seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
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.