Tuesday, October 05, 2010

Injunctive Relief (Litigation Checklist)

This post on filing for Injunctive Relief is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.  This checklist specifically addresses filing for an injunction in a civil matter, and does not address domestic or criminal restraining orders.  In Colorado, there are three stages of seeking an inunction:  the Temporary Restraining Order (TRO), the Preliminary Injunction, and the Permanent Injunction.  While in virtually all cases the party seeking an injunction will ultimately want a permanent injunction to be entered by the court, the first step is to file a complaint for injunctive relief along with a motion for a temporary restraining order.  The effect of the TRO is to maintain the status quo (or, rarely, alter the status quo) to prevent irreparable harm until a hearing for a preliminary injunction and, ultimately, a hearing for a permanent injunction can be held.
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Checklist:
- File a Verified Complaint for Declaratory Judgment and for a Temporary Restraining Order ad Injunction.
- File a Motion for Temporary Restraining Order and Preliminary Injunction and Proposed Order.
- File a Brief in Support of Temporary Restraining Order and Preliminary Injunction.
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Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
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This post on filing for injunctive relief is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.

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