Temporary Injunction Form For Suit For Specific Performance In Phoenix
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Temporary Restraining Orders (TRO) TROs are issued for a period of 21-25 days unless continued, at which time there is a hearing. If a “permanent” restraining order (DVRO/CHRO) is issued after the hearing, it can have a duration of up to five years.
A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong prima-facie case on basis of undisputed facts. The conduct of the plaintiff will also be a very relevant consideration for purposes of injunction.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.
Once an order has been served, it will be valid and enforceable for 2 years from the date it was served. If it is not served, it will expire 1 year from the date the judge issued it.
Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party.
Arizona's Justice Courts Every county in Arizona has at least two justice courts. The justice courts have exclusive authority to hear cases in which the amount in controversy is $10,000 or less. Cases in which the amount in controversy is greater than $10,000 must be filed in the superior court.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
For a protective order to remain in effect as originally issued or as modified at a hearing, the plaintiff must prove the case by a preponderance of the evidence.
