Hawaii Order Granting Preliminary Injunction

State:
Multi-State
Control #:
US-01009
Format:
Word; 
Rich Text
Instant download

Description

This is an Order Granting a Preliminary Injunction against defendants. The order provides that the court having considered the motion and the evidence submitted in support of the motion, finds that the request is well taken and should be sustained.
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FAQ

Rule 7 - Form of Motions (a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion.

For all intents and purposes, a temporary restraining order serves the same purpose as a preliminary injunction. However, unlike a preliminary injunction, a temporary restraining order will expire after ten days and needs to be extended further. 735 ILCS 5/11-101.

The temporary injunction can temporarily prevent the harasser from harassing and contacting you. After a hearing, an injunction from further harassment can be granted if the judge finds that there is clear and convincing evidence that harassment has occurred. This injunction can last for up to three years.

(e) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 2 days shall be added to the prescribed period.

Federal Rule of Civil Procedure 6(b) Upon motion made, Rule 6(b)(1)(B) permits a post-deadline filing extension ?for good cause,? if the party failed to act because of ?excusable neglect.? Lujon v. Nat'l Wildlife Fed'n, 498 U.S. 871, 896 (1990).

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.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.

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Hawaii Order Granting Preliminary Injunction