Maryland Order Granting Preliminary Injunction

State:
Multi-State
Control #:
US-01009
Format:
Word; 
Rich Text
Instant download

Description

This is an Order Granting a Preliminary Injunction against defendants. The order provides that the court having considered the motion and the evidence submitted in support of the motion, finds that the request is well taken and should be sustained.
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FAQ

A temporary restraining order may be granted only if (1) it clearly appears from specific facts shown by affidavit or other statement under oath that immediate, substantial, and irreparable harm will result to the person seeking the order before a full adversary hearing can be held on the propriety of a preliminary or ...

?Injunction? means an order mandating or prohibiting a specified act.

Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.

Rule 15-505 - Preliminary Injunction (a) Notice. A court may not issue a preliminary injunction without notice to all parties and an opportunity for a full adversary hearing on the propriety of its issuance. (b) Consolidation With Trial on Merits.

Step 1: Complete the correct petition. ? ... Step 2: File the petition. ? During normal business hours, file the petition with a circuit or District Court clerk (District Court for peace. ... Step 3: Appear for a temporary hearing. ? ... Step 4: Appear for a final hearing.

The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service. A certificate of service is prima facie proof of service.

Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address.

A writ of preliminary injunction is issued to: [P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right.

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Maryland Order Granting Preliminary Injunction