Pennsylvania Bond on Temporary Restraining Order

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US-01008
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This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...

Time shall be computed to include the last day unless it falls on a Saturday, Sunday or legal holiday in which event the day will be omitted from the computation and the period shall run until the end of the next business day. Intervening Saturdays, Sundays and legal holidays shall be included in the computation.

It is not the plaintiff alone who can apply for an interim injunction. A defendant also may make an application for grant of an injunction against the plaintiff.

A person not named as a respondent in an original jurisdiction petition for review who desires to intervene in a proceeding under this chapter, may seek leave to intervene by filing an application for leave to intervene (with proof of service on all parties to the matter) with the prothonotary of the court.

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

Pennsylvania Rule of Civil Procedure 1035.3 specifically allows for 30 days for a party to file a response to a summary judgment motion. If you are in Philadelphia County, you typically only have 10 days to respond to a motion in limine per the pre-trial order. Second, look at the law.

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Pennsylvania Bond on Temporary Restraining Order