Montana Sample Brief - Injunction

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

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

Injunctions are an essential part of the court's power. They provide the court with authority to provide a remedy after someone has wronged you and stop or compel someone else to act concerning ongoing wrongs.

A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately. Parenthetically, the burden is on the petitioner to show in the application that there is meritorious ground for the issuance of the TRO in its favor.

If you have a solicitor, they will arrange for the documents to be served. If you do not have a solicitor you can: ask the court to serve the documents by filling in form D89 - you will not need to pay for this. hire a professional process server to serve the documents.

Examples: ?I am asking the court to grant me a _____ month/year injunction.? ?I want no contact in person, at home, by phone, at work, by mail or through third parties.? ?I would consider any contact in the future to be a violation.? Tell the court why you would like the temporary restraining order injunction.

Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued.

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm ...

More about Harassment Injunctions Contact the police - If you're being harassed and you feel you're in danger you should contact the police. ... Take action under the Protection from Harassment Act 1997 - Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997.

Temporary injunction. n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.

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Montana Sample Brief - Injunction