This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Difference Between Temporary Injunction And Stay Order In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Interim orders are temporary orders while the Court makes its decision. They are usually made when there is an urgent issue that needs action while the court process is going on. You may need orders to deal with an issue while the court process is underway.
A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.
A temporary injunction is also known as a temporary restraining order, or TRO. As its name suggests, it is a short-term action that is meant to prevent the immediate harm that is anticipated should a specific action be allowed to move forward.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
An Interlocutory Injunction is obtained prior to, and remains in force until, trial. An Interim Injunction on the other hand is obtained ex parte for a very short amount of time until each party can attend court for the application of an Interlocutory Injunction.
+ • Interim orders are temporary in nature usually till the pendency of the writ petition or the final order/judgement is passed. + • The Supreme Court in Zenit Mataplast (P) Ltd. v. State of Maharashtra held that interim orders are passed on the basis of prima facie findings, which are tentative.
Injunction – Disadvantages Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
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.
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.