Montana Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunction with Application Therefor

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US-TS10025A
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This form is a Temporary Restraining Order and Order to Show Cause regarding a Preliminary Injunction to be used in connection with a trade secrets claim.

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FAQ

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.

A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.

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.

Preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to perform to refrain from performing a particular act or acts.

A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days. Within that ten day period, the court must then conduct a hearing on notice to the adverse party of the plaintiff's motion for preliminary injunction.

Understanding Injunctions An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.

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.

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 ...

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Montana Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunction with Application Therefor