Post Content

There are specific steps that you must take to be effective. Our Trial Court Law Libraries can help.

Injunctive Relief:
Rule 65 deals solely with the procedural aspects of injunctive relief, not with the court’s exercise of discretion in granting or denying it, which remains subject to common-law principles…. Rule 65 lays out the requirements for obtaining immediate relief (a temporary restraining order, or TRO), as well as intermediate relief (a preliminary injunction), and permanent relief (a judgment, or final decree). Although as used in Rule 65, the terms “injunction” and “restraining order” literally imply restraint or inaction, it is clear that the rule also covers any order requiring affirmative action, the so-called mandatory injunction. Injunctive relief, however, is not appropriate where the issues can be resolved through the ordinary trial and appellate process….
Massachusetts Practice Series, Rules Practice, vol. 7, Rule 65 (2nd Ed.)
Form and scope of restraining order or injunction:
“[A]n injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.”
Rule 65(d)
Security:
“[N]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
Rule 65(c)

 

Standard for Preliminary Injunctive Relief:
Packaging Industry Group, Inc. v. Cheney, 380 Mass. 609 (1980)
[W]hen asked to grant a preliminary injunction, the judge initially evaluates in combination the moving party’s claim of injury and chance of success on the merits. If the judge is convinced that failure to issue the injunction would subject the moving party to a substantial risk of irreparable harm, … the judge must then balance this risk against any similar risk of irreparable harm which granting the injunction would create for the opposing party. What matters as to each party is not the raw amount of irreparable harm the party might conceivably suffer, but rather the risk of such harm in light of the party’s chance of success on the merits. Only where the balance between these risks cuts in favor of the moving party may a preliminary injunction properly issue.
380 Mass at 617.
Rules:
Mass.Rules of Civil Procedure 65
Mass.Superior Court Rule 9A, Civil Motions
Mass.Superior Court Rule 20, Individual case management and tracking
Court Fees:
Superior Court Filing Fees, including issuance of injunction or restraining order
Print and CD Resources:
Massachusetts Superior Court Civil Practice Manual, Chapter 5 Injunctive Relief(MCLE 3rd Ed. 2013) (sample forms and law)
Moving for Injunctive Relief (MCLE 2nd Ed. 2007) (law and sample forms)
Massachusetts Litigation Forms and Analysis, vol. 1 Chapter 12 Restraining Orders and Injunctions(2003) (sample forms and law)

Massachusetts Practice Series, Rules Practice, vol. 7 Rule 65 (2nd Ed.) (law)
MassachusettsPractice Series, Procedural Forms Annotated, vols. 10-10C (6th Ed.) (sample forms and law)
Handbook of Civil Procedure in the Massachusetts District Court (4th Ed.) (District Courts have limited injunctive powers.)
 
Good Reading!
 

Written By:

Recent Posts

New Law Gives Added Protections for Persons with Disabilities posted on Feb 20

Massachusetts Governor Charlie Baker signed a new law on February 13, 2020 which gives more protections to individuals with developmental and intellectual disabilities.  Chapter 19 of the Acts of 2020 establishes a registry for caretakers in Massachusetts who have been found to have caused serious physical   …Continue Reading New Law Gives Added Protections for Persons with Disabilities

Real Estate Recording Fees to be Increased posted on Dec 10

Under Massachusetts General Laws chapter 44B section 8,  real property conveyance documents recorded at the Registry of Deeds are subject to a Community Preservation Act surcharge.  This law was amended by chapter 41 sections 29 and 30 of the Acts of 2019.  Effective December 31,   …Continue Reading Real Estate Recording Fees to be Increased

Portraits in Massachusetts Law: Lucy Stone posted on Nov 13

Portraits in Massachusetts Law: Lucy Stone

Portraits in Massachusetts Law is a regular feature of Massachusetts Law Updates. These pages provide links to biographical information abut people who have been particularly important in legal history in Massachusetts, as our government took shape in the cauldron of the American Revolution and grew and changed throughout   …Continue Reading Portraits in Massachusetts Law: Lucy Stone