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Complaint or Petition for Temporary Restraining Order and Injunction...

Delaware Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

Control #:

US-01130BG

Format:

Instant download

Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

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FAQ

Putting your name and address on file allows the Court to mail notices of court dates and court rulings to you at the address on file. It also gives other parties and attorneys an address to send paperwork to you. Court rules state that defendants should file an appearance within 2 days after the Return date.

- Injunctions may be granted immediately or after notice. (a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why the injunction should not be granted.

You may also call the Centralized Services Unit at 860-263-2750. All requests for files must include the name of the case and docket number. Docket numbers may be available on-line at .jud.ct.gov by utilizing the case look-up function. Files should be available within one or two business days.

How do I start a small claims case? Use the court form Small Claims Writ and Notice of Suit (form JD-CV-40). Type or neatly print your information on the forms. Read the "Instructions to Plaintiff" section on form JD-CV-40 to help you complete the Small Claims Writ and Notice of Suit.

It shall be sufficient, on such application for a temporary injunction, to present to the court or judge the original complaint containing the demand for an injunction, duly verified, without further complaint, application or motion in writing.

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

Preliminary Injunction: Del. A plaintiff seeking a preliminary injunction prohibiting a party from taking certain actions must show the following elements: A reasonable probability of success on the merits. Immediate and irreparable harm will result absent injunctive relief.

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