Flashcards in Preliminary Injunctive Relief Deck (10):
When can TRO be ex parte? (2)
Applicant files a paper under oath showing that if TRO is not issued he will suffer immediate and irreparable harm if she must wait until the other side is heard AND
Applicant's lawyer certifies in writing his efforts to give oral or written notice to D or D's lawyer
If a party gets an ex parte TRO, he will be required to do what?
When must a TRO be served?
If the court issues a TRO, D can move to ____ or ____ the TRO
How long is a TRO effective?
14 day, plus 14 more if good cause.
Can a preliminary injunction be granted ex parte?
Burden on applicant for Prelim. Injunction? (4)
Likely to suffer irreparable harm if not granted
Likely to win on the merits in the case
Balance of hardship favors him
Injunction is in the public interest
Is there ever a right to an injunction?
If court grants PI, applicant must post what?