New Jersey > Statewide > Civil Division
Order To Show Cause With Temporary Restraints (Form And Sample) 10308 - New Jersey
| Order To Show Cause With Temporary Restraints (Form And Sample) Form. This is a New Jersey form and can be used in Civil Division Statewide . |
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OSC AS ORIGINAL PROCESS SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE RELIEF AND TEMPORARY RESTRAINING ORDER PURSUANT TO RULE 4:52 SUPERIOR COURT OF NEW JERSEY ___________ DIVISION ____________ COUNTY _____________ PART Docket No.: Plaintiff(s), v. ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS PURSUANT TO RULE 4:52 Defendant(s). THIS MATTER being brought before the Court by ____________________, attorney for plaintiff, ______________________, seeking relief by way of temporary restraints pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that the defendant has notice of this application defendant consents to plaintiff's application CIVIL ACTION immediate and irreparable damage will probably result before notice can be given and a hearing held and for good cause shown. It is on this _____ day of _________, 20 __ ORDERED that defendant, ________________ appear and show cause before the Superior Court at the _______________ County Courthouse in _____________, New Jersey at _____ o'clock in the _____ noon or as soon thereafter as counsel can be heard, on the ________day of ______________, 20 __ why an order should not be issued preliminarily enjoining and restraining defendant, _________________________________, from A. ___________________________________________________________________; B. ___________________________________________________________________; C. ___________________________________________________________________; D. Granting such other relief as the court deems equitable and just. And it is further ORDERED that pending the return date herein, the defendant is temporarily enjoined and restrained from: American LegalNet, Inc. www.FormsWorkflow.com A. _________________________________________________________________________________; B. ____________________________________________________________________; C. ____________________________________________________________________. And it is further ORDERED that: 1. The defendant may move to dissolve or modify the temporary restraints herein plaintiff's attorney. plaintiff. contained on two (2) days notice to the 2. A copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application be served upon the defendant personally ______________________________________ within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 3. The plaintiff must file with the court his/her/its proof of service of the pleadings on the defendant no later than three (3) days before the return date. 4. Defendant shall file and serve a written response to this order to show cause and the request for entry of injunctive relief and proof of service by _________________, 20__. The original documents must be filed with the Clerk of the Superior Court in the county listed above. A list of these offices is provided. You must send a copy of your opposition papers directly to Judge _____________________, whose address is ________________________________, New Jersey. You must also send a copy of your opposition papers to the plaintiff's attorney whose name and address appears above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay the required fee of $_________ and serve your opposition on your adversary, if you want the court to hear your opposition to the injunctive relief the plaintiff is seeking. 5. The plaintiff must file and serve any written reply to the defendant's order to show cause opposition by _________________, 20__. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge _____________________. 6. If the defendant does not file and serve opposition to this order to show cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. American LegalNet, Inc. www.FormsWorkflow.com 7. If the plaintiff has not already done so, a proposed form of order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the court no later than three (3) days before the return date. 8. Defendant take notice that the plaintiff has filed a lawsuit against you in the Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written answer to the complaint and proof of service within 35 days from the date of service of this order to show cause; not counting the day you received it. These documents must be fled with the Clerk of the Superior Court in the county listed above. A list of these offices is provided. Include a $_______ filing fee payable to the "Treasurer State of New Jersey." You must also send a copy of your Answer to the plaintiff's attorney whose name and address appear above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered against you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the Court may enter a default against you for the relief plaintiff demands. 9. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live. A list of these offices is provided. If you do not have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. 10. The Court will entertain argument, but not testimony, on the return date of the order to show cause, unless the court and parties are advised to the contrary no later than ___ days before the return date. ______________________________ J.S.C. American LegalNet, Inc. www.FormsWorkflow.com OSC AS ORIGINAL PROCESS SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE RELIEF AND TEMPORAR
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