Arizona Sample Brief - Injunction

State:
Multi-State
Control #:
US-01010
Format:
Word; 
Rich Text
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Description

This is a sample summary of the argument and argument section of a brief regarding an injunction against action to foreclose on a deed of trust. Modify to fit your facts. Check for compliance with local court rules.
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FAQ

A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.

(1)Generally. The court may issue sanctions for civil contempt, or for criminal contempt as allowed by law, against a party or person who violates an injunction. (2)Application; Affidavit. A party alleging that any party or person has violated an injunction may file an application for an order to show cause.

Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any expert witness regardless of the form of the communications, except to the extent that the communications: (i) relate to compensation for the expert's study or testimony; (ii) identify facts or data that the party's attorney provided ...

Rule 34 provides for the inspection and, if desired, copying of discoverable documents. The costs of copying should be borne by the party that requests that copies be made.

It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...

Practical Tips About Arizona Preliminary Injunctions The Preliminary Injunction prohibits you from taking out a new loan using your community property as collateral for that loan. You also may not sell or give community property to others, unless both spouses agree to do so.

(1) Generally. The court may issue sanctions for civil contempt, or for criminal contempt as allowed by law, against a party or person who violates an injunction. (2) Application; Affidavit. A party alleging that any party or person has violated an injunction may file an application for an order to show cause.

A writ of preliminary injunction is issued to: [P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right.

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Arizona Sample Brief - Injunction