Nevada Sample Brief - Injunction
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How to fill out Sample Brief - Injunction?
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FAQ
An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.
The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is ?special relief?). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.
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.
Otherwise Order 39, Rule 3 C.P.C. provides a mandatory provisions to issue notice to the defendants in the application for interim injunction and thus to provide opportunity of hearing except in case, by issuing notice the purpose would be frustrated.
Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
O. IX R. 2A provides for two contingencies ? when an order is not complied with by a party and the ensuing recourse in case of such non-compliance; and when an order is not complied by a party and the non-compliance has not ceased.
A temporary injunction is a court order that's given while a case is ongoing to keep things the way they are until the case is finally decided. Its main purpose is to stop someone from causing serious harm to another party during the legal process. This idea was made clear in the case of ?M/S Gujarat Pottling Co. Ltd.
With a preliminary injunction, the trial court must make that deci- sion at the very beginning of the lawsuit, well before it determines the merits. With a stay, the court must make that decision at the very beginning of the appeal, well before it determines the merits of the appeal.
