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….
Massachusetts Practice Series, Rules Practice, vol. 7, Rule 65 (2nd Ed.)
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.”
Security:
“[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:
Packaging Industry Group, Inc. v. Cheney, 380 Mass. 609 (1980)
“[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.
Rules:
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)
MCLEPretrial Litigation: MCLE BasicsPlus! (2013) (CDs)
Handbookof Civil Procedure in the Massachusetts District Court (4th Ed.) (District
Courts have limited injunctive powers.)
Good Reading!
