What is a motion for a permanent injunction?

A motion for a permanent injunction is a legal request initiated by a party in a civil case for a court order that compels another party to do or not do something. In Hawaii, the party filing the motion has the burden of establishing that the injunction is necessary to protect their legal rights and interests. To prove their request for an injunction, the party must show that: (1) they are likely to suffer irreparable harm, (2) their injury outweighs any harm caused by the injunction, (3) there is no adequate remedy or means of redress at law, and (4) the injunction is in the public interest. A permanent injunction is different from a preliminary injunction which has a fixed duration and can be modified depending on the circumstances. The party making the motion must provide evidence to the court, in the form of affidavits or other documents, to support their request for a permanent injunction. The court will then consider the evidence and any arguments made by the parties before deciding whether to grant the injunction. If an injunction is granted, the court will set out the nature and terms of the injunction and any conditions attached to it.

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