South Dakota Order Granting Preliminary Injunction

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

525. An injunction is a writ or order requiring a person to refrain from a particular act.

South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.

A provisional equitable remedy by which a court orders a litigant to perform, or refrain from performing, a particular act before the entry of final judgment. The purpose of a preliminary injunction is to preserve the status quo and the rights of the parties until the issuance of a final judgment in the case.

Preliminary injunctions generally last until the end of the lawsuit. Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely.

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.

Preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to perform to refrain from performing a particular act or acts.

After the Hearing The judge will determine if the protection order will be granted and for how long. The maximum time for a protection order is 5 years. The judge may also determine outcomes relating to children.

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South Dakota Order Granting Preliminary Injunction