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Estatutos Estatales Seleccionados: Connecticut

Estatutos Seleccionados: Connecticut

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29 de octubre de 2020

§ 4-5. Notice Required for Ex Parte Temporary Injunctions

(a) No temporary injunction shall be granted without notice to each opposing party unless the applicant certifies one of the following to the court in writing:

(1) facts showing that within a reasonable time prior to presenting the application the applicant gave notice to each opposing party of the time when and the place where the application would be presented and provided a copy of the application; or

(2) the applicant in good faith attempted but was unable to give notice to an opposing party or parties, specifying the efforts made to contact such party or parties; or

(3) facts establishing good cause why the applicant should not be required to give notice to each opposing party.

(b) When an application for a temporary injunction is granted without notice or without a hearing, the court shall schedule an expeditious hearing as to whether the temporary injunction should remain in effect. Any temporary injunction which was granted without a hearing shall automatically expire thirty days following its issuance, unless the court, following a hearing, determines that said injunction should remain in effect.

(c) For purposes of this rule, notice to the opposing party means notice to the opposing party’s attorney if the applicant knows who the opposing party’s attorney is; if the applicant does not know who the opposing party’s attorney is, notice shall be given to the opposing party. If the temporary injunction is sought against the state of Connecticut, a city or town, or an officer or agency thereof, notice shall be given to the attorney general to the city or town attorney or corporation counsel, as the case may be.

(d) This section shall not apply to applications for relief from physical abuse filed pursuant to Gen. Stat. sec. 46b-15 or to motions for orders of temporary custody in juvenile matters filed pursuant to Gen. Stat. Sec. 46b-129.