Order To Show Cause With Temporary Restraints {10308}

OSC AS ORIGINAL PROCESS ­ SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE RELIEF AND TEMPORARY RESTRAINING ORDER PURSUANT TO RULE 4:52 , [Insert the plaintiff's name], Plaintiff(s), v. , [Insert the defendant's name], Defendant(s). Superior Court of New Jersey Division County Part Docket No.: CIVIL ACTION ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS PURSUANT TO RULE 4:52 THIS MATTER being brought before the court by _______________, attorney for plaintiff, [insert the plaintiff's name], 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] or [defendant consent's to plaintiff's application] or [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 __________ ORDERED that defendant, [insert the defendant's name], 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, [insert the defendant's name], from A. B. C. D. [Set forth with specificity the return date relief that the plaintiff is seeking.]; _____________________________________; ______________________________________; 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: A. B. C. [Set forth with specificity the temporary restraints that the plaintiff is seeking.]; _____________________________________; ______________________________________. Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Revised 09/04/2012, CN 10308-English (Appendix XII-H) And it is further ORDERED that: 1. The defendant may move to dissolve or modify the temporary restraints herein contained on two (2) days notice to the [plaintiff's attorney or alternate: plaintiff]. 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 or alternate: describe form of substituted service] 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 directory of these offices is available in the Civil Division Management Office in the county listed above and online at http://www.njcourts.gov/forms/10153_deptyclerklawref.pdf. 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. Revised 09/04/2012, CN 10308-English (Appendix XII-H) Page 2 of 3 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 filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online at http://www.njcourts.gov/forms/10153_deptyclerklawref.pdf. 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 or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJLAW (1-888-576-5529). 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 Service