Friday, December 13, 2013

Requesting or Defending Against Injunctive Relief?

There are specific steps that you must take to be effective. Our Trial Court Law Libraries can help.
Injunctive Relief:
Rule 65 deals solely with the procedural aspects of injunctive relief, not with the court's exercise of discretion in granting or denying it, which remains subject to common-law principles…. Rule 65 lays out the requirements for obtaining immediate relief (a temporary restraining order, or TRO), as well as intermediate relief (a preliminary injunction), and permanent relief (a judgment, or final decree). Although as used in Rule 65, the terms “injunction” and “restraining order” literally imply restraint or inaction, it is clear that the rule also covers any order requiring affirmative action, the so-called mandatory injunction. Injunctive relief, however, is not appropriate where the issues can be resolved through the ordinary trial and appellate process….

Form and scope of restraining order or injunction:
“[A]n injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.”
“[N]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court 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.

Standard for Preliminary Injunctive Relief:
[W]hen asked to grant a preliminary injunction, the judge initially evaluates in combination the moving party's claim of injury and chance of success on the merits. If the judge is convinced that failure to issue the injunction would subject the moving party to a substantial risk of irreparable harm, … the judge must then balance this risk against any similar risk of irreparable harm which granting the injunction would create for the opposing party. What matters as to each party is not the raw amount of irreparable harm the party might conceivably suffer, but rather the risk of such harm in light of the party's chance of success on the merits. Only where the balance between these risks cuts in favor of the moving party may a preliminary injunction properly issue.
380 Mass at 617.

Court Fees:
Superior Court Filing Fees, including issuance of injunction or restraining order
Print and CD Resources:
Massachusetts Superior Court Civil Practice Manual, Chapter 5 Injunctive Relief (MCLE 3rd Ed. 2013) (sample forms and law)
Moving for Injunctive Relief (MCLE 2nd Ed. 2007) (law and sample forms)
MassachusettsLitigation Forms and Analysis, vol. 1 Chapter 12 Restraining Orders and Injunctions (2003) (sample forms and law)

Massachusetts Practice Series, Rules Practice, vol. 7 Rule 65 (2nd Ed.) (law)

MassachusettsPractice Series, Procedural Forms Annotated, vols. 10-10C (6th Ed.) (sample forms and law)
Handbookof Civil Procedure in the Massachusetts District Court (4th Ed.) (District Courts have limited injunctive powers.)
Good Reading!