South Carolina Affidavit in Support of Motion for Preliminary Injunction

State:
Multi-State
Control #:
US-01893BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (the affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person.


There are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in a harmful way until further judicial proceedings are available. The court uses its discretionary power to balance the defendant's due process rights against the possibility of the defendant becoming judgment-proof, and the immediacy of the threat of harm to the plaintiff. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met.

How to fill out Affidavit In Support Of Motion For Preliminary Injunction?

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FAQ

Federal Rule of Civil Procedure 65(c) requires applicants for preliminary injunctions or temporary restraining orders to post security before the injunction will issue. Determining the amount of the security to be posted is left to the judge's discretion under the Rule.

This Rule 65 makes it clear that the various remedial writs are not causes of action but remedies or relief, the right to which must be supported by the law and the facts. Therefore, the injunction or other writ granted does not become permanent or final until final judgment in the action.

Rule 65(b)(1) provides that no court shall issue an injunction unless proper notice is given to the adverse party; former Massachusetts practice also required notice, although the usual procedure had been an order to show cause.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

Obtaining an injunction requires the plaintiff to show that (I) it would suffer irreparable harm if the injunction is not granted; (2) it will likely succeed on the merits of the litigation; and (3) there is an inadequate remedy at law. Grosshuesch v. Cramer, 367 S.C.

Rule 65 of the South Carolina Rules of Civil Procedure sets forth the procedure for issuing Temporary Injunctive Relief AND the issuance of a Temporary Restraining Order.

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South Carolina Affidavit in Support of Motion for Preliminary Injunction