Illinois Bond on Temporary Restraining Order
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How to fill out Bond On Temporary Restraining Order?
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FAQ
Under Illinois law, a TRO is an equitable remedy that requires a party to do something or refrain from doing something until such time as the court can hear and review further argument and evidence from the parties.
If granted by the court, a TRO works by requiring the other party to either do something or refrain from doing something for a specified period. If a TRO is obtained without notice to the other party, then Illinois law limits a TRO to 10 days in duration, with one 10 day extension. 735 ILCS 5/11-101.
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.
Temporary Restraining Order A court will grant a TRO if it believes it is necessary to prevent immediate harm. Its relief is limited, however, as a TRO only lasts for ten days or until the court can hear a motion for a preliminary injunction, which requires notice to the other side and a hearing.
Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
The Five Elements Applied Plaintiff Possesses a Clearly Ascertainable Right in Need of Protection. ... Plaintiff has No Adequate Remedy at Law. ... Immediate Threat of Irreparable Harm. ... Plaintiff has a Likelihood of Success on the Merits. ... Balancing of the Equities.
It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...