Virgin Islands Affidavit in Support of Motion for Preliminary Injunction

State:
Multi-State
Control #:
US-01893BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (the affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person.


There are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in a harmful way until further judicial proceedings are available. The court uses its discretionary power to balance the defendant's due process rights against the possibility of the defendant becoming judgment-proof, and the immediacy of the threat of harm to the plaintiff. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met.

How to fill out Affidavit In Support Of Motion For Preliminary Injunction?

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FAQ

When may it be availed?Preliminary Injunction-do-ReceivershipMaybe filed at any stage of the action and even after final judgment.ReplevinMust be file before the defendant filed his answer.Support pendente liteMaybe sought at any stage of the action and even for the first time on appeal.1 more row

A durable power of attorney contains a ?durability clause,? which is a provision permitting your designated attorney-in-fact to act on your behalf in the event you are unable to handle your affairs. A general power of attorney permits your attorney-in-fact to act on your behalf in all of your personal affairs.

Provisional remedies include attachment, garnishment, replevin, receivership, notice of pendency, and temporary injunctions such as temporary restraining orders or preliminary injunctions.

A 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 refrain from a particular act or acts.

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.

The term 'provisional relief', also known as 'provisional remedy' and 'interim remedy', refers to preliminary injunctions that are issued by a court while an arbitration proceeding is pending.

Summary of basics re provisional remedies Preliminary Attachment (Rule 57) ... Preliminary Injunction (Rule 58) ... Temporary Restraining Order (TRO) ... Receivership. ... Replevin. ... Support Pendente Lite.

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Virgin Islands Affidavit in Support of Motion for Preliminary Injunction