How do I obtain an interim order in a small claims court case?
If you need an interim order from a small claims court in Delaware, you can file a motion for an injunction or temporary restraining order. An injunction is a court order requiring a person to stop doing something or to take an action. You must provide facts in your motion that demonstrate why an injunction will be necessary in the particular case. In Delaware, you must file a Complaint for Injunctive Relief and supporting documents along with your motion. Your Complaint must provide detailed facts and legal basis for the injunction. After you file the motion and Complaint, the court will review it and decide whether to grant the injunction. If the court grants the injunction, they will then set a hearing date for the parties to present evidence. If the court grants the injunction, it will be in effect until the full trial of the case is completed. The injunction may not prevent every action you seek, but it can help to protect your rights until the trial is complete. It is important to note that an injunction is only one option for obtaining an interim order in a small claims court case. If you cannot show that an injunction is necessary, other less restrictive measures may be available. For example, you may be able to enter into a binding agreement in which the parties agree to abide by certain terms until the case is resolved. This agreement could be enforced by the court if one of the parties fails to comply.
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