Emergency Injunction Form With Two Points In New York
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FAQ
The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion. The Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision.
The party seeking a preliminary injunctive relief must demonstrate: Irreparable injury in the absence of such an order; That the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order ; That the injunction is not adverse to public interest; and.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
The Alcoholic Beverage Control Lawprohibits certain licenses from being issued if the location of the establishment is on the same street and within 200 feet of a building that is used exclusively as a school, church, synagogue or other place of worship.
§ 202.20-b is entitled “Limitations on Deposition” and provides that unless stipulated by the parties or court-ordered, depositions taken by the plaintiffs, defendants, or third-party defendants are limited to ten and seven hours per deponent.
As part of an application for an order to show cause, a party's attorney must submit an affirmation under 22 NYCRR § 202.7(f), which provides that the opposing party has been given notice of the date, place, and time that the application will be filed with the court in order to appear in response to the application.
Rule 3212. Motion for summary judgment. (a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue.
Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. 10 While, as noted above, a party is not required to identify which matters the deponent will be asked about, if the party chooses to do so, the party must describe the matters with "reasonable particularity."
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.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
