Provisional Remedies. Remedies obtained by plaintiff PRIOR to trial. Remedies obtained by plaintiff PRIOR to trial. Sometimes things just can’t wait…

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Presentation transcript:

Provisional Remedies

Remedies obtained by plaintiff PRIOR to trial. Remedies obtained by plaintiff PRIOR to trial. Sometimes things just can’t wait… For example? Sometimes things just can’t wait… For example?

Claim and Delivery Writ of Possession Writ of Possession Order to sheriff to obtain possession of property and deliver it to plaintiff. Order to sheriff to obtain possession of property and deliver it to plaintiff. Plaintiff must show: Plaintiff must show: Entitled to property Entitled to property Property wrongfully detained Property wrongfully detained

Ex Parte Without notice to other party… Without notice to other party… Is that fair? Is that fair? Defendant may cause damage or remove property from jurisdiction. Defendant may cause damage or remove property from jurisdiction.

TRO Temporary Restraining Order Temporary Restraining Order One of three types of ‘injunctions” One of three types of ‘injunctions” TRO TRO Preliminary Injunction Preliminary Injunction Permanent Injunction Permanent Injunction

TRO Can be granted ex parte Can be granted ex parte Granted only until hearing for a preliminary injunction is held Granted only until hearing for a preliminary injunction is held Only granted if “legal” remedies are not adequate… what does that mean? Only granted if “legal” remedies are not adequate… what does that mean?

TRO Paperwork! TRO requires that you prepare, file, and serve several things nearly at the same time: TRO requires that you prepare, file, and serve several things nearly at the same time: Complaint Complaint Application for TRO and Preliminary Injunction Application for TRO and Preliminary Injunction Attorney’s Certificate of Attempted Notice Attorney’s Certificate of Attempted Notice Witness Affidavits Witness Affidavits Security for Costs/Damages Security for Costs/Damages Court Order Court Order

LIS PENDENS Put a lien on real property Put a lien on real property Puts potential buyers on notice! Puts potential buyers on notice! Title search will show it… Title search will show it… Puts a “cloud on the title” Puts a “cloud on the title” Defendant can move to “expunge”… when? Defendant can move to “expunge”… when?