Vermont Sample Brief - Injunction

State:
Multi-State
Control #:
US-01010
Format:
Word; 
Rich Text
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Description

This is a sample summary of the argument and argument section of a brief regarding an injunction against action to foreclose on a deed of trust. Modify to fit your facts. Check for compliance with local court rules.
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FAQ

What is a preliminary injunction? 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.

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.

Starting a Small Claims Case Step 1: Fill Out the Complaint Form. ... Step 2: File Your Complaint with the Court and Pay the Filing Fee. ... Step 3: Mail the Summons, Complaint, and Other Forms to the Defendant. ... Step 4: If Defendant Does Not Answer Within 30 Days, Have the Sheriff Serve the Papers.

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.

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.

To avoid an impending suspension, please contact the Judicial Bureau directly at 802-295-8869 or 802-652-1900.

The test for obtaining a TRO or PI generally involves four factors: likelihood of success on the merits, likelihood of irreparable harm without preliminary relief, balance of equities, and public interest.

Continue means to postpone or reschedule. The motion should be filed well ahead of the scheduled court date. In your motion, you must explain why you are asking to reschedule. You must also say whether the other party agrees with your request to continue.

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Vermont Sample Brief - Injunction