North Carolina Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction

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US-02104BG
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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The North Carolina Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction is a legal document typically used in North Carolina courts when seeking a preliminary injunction. This affidavit is filed by an attorney on behalf of their client, asserting that the client will suffer irreparable harm if the court does not grant a preliminary injunction. Keywords: North Carolina, affidavit, attorney, claiming, irreparable harm, support, motion, preliminary injunction There are no different types of North Carolina Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction.

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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 ...

Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.

The plaintiff possesses a clearly ascertainable right in need of protection; There is no adequate remedy at law; The threat of immediate and irreparable harm necessitates the issuance of a preliminary injunction to protect the status quo; The plaintiff has a likelihood of success on the merits of the case; and.

That test requires a plaintiff to demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public ...

What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.

Injunctions. (a) Preliminary injunction; notice. ? No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration.

Section 527 - Preliminary injunctions and temporary restraining orders (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

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complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in. – No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration.Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state ... Four tips for obtaining relief, which can be a challenge given the lack of time to prepare for and argue your case to the court. Nov 7, 2018 — Having considered the affidavits, briefs, arguments of counsel at the hearing on the. Motion, and supporting materials presented to the Court, ... Feb 23, 2023 — This article defines preliminary injunction, details its elements and the hearing process, and includes a sample motion to download. Nov 27, 2019 — Plaintiffs subsequently filed a motion for preliminary injunction, upon such conditions as the Court might deem appropriate, asking that ... Feb 28, 2005 — preliminary injunction: (1) the likelihood of irreparable harm to the plaintiff if the injunction is denied; (2) the likelihood of harm to ... The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary. preliminary injunction would not harm North Carolina. The process by whch the NC. EMC determines whether to grant a petition for an interbasin transfer is ...

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North Carolina Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction