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Fill and Sign the Order Court Restraining Form

Fill and Sign the Order Court Restraining Form

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IN THE CHANCERY COURT OF THE       JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI PLAINTIFF VS. NO. DEFENDANT TEMPORARY RESTRAINING ORDER THERE CAME ON THIS DAY FOR HEARING the Complaint of the Plaintiff , for a Temporary Restraining Order, and the Court having carefully examined the verified Complaint and having heard the argument of counsel, finds and orders: 1. The Plaintiff is an adult resident of County, Mississippi, and is doing business as . 2. Defendant is an adult resident of       County, Mississippi, and may be served with process at his/her place of employment, , , , Mississippi. 3. This Court has jurisdiction over the parties and subject matter. 4. Based on the Verified Complaint, the Court finds the Plaintiff has shown a probability of success on the merits regarding factual allegations that the Defendant has prepared a document which is defamatory to the Plaintiff both personally and professionally, and has indicated his/her intention to publish and distribute the document to "courts, jury, builders, trim carpenters, vendors, agencies, customers," associated with the Plaintiff. 5. The Court has balanced the hardship of granting or denying a Temporary Restraining Order and finds that such balancing favors the Plaintiff, in that if injunctive relief were not issued in the form of a Temporary Restraining Order to preserve the status quo pending a hearing on a preliminary injunction, immediate and irreparable harm would result to the Plaintiff. If the injunctive relief applied for were not ordered, the Plaintiff would suffer immediate and irreparable injury, loss or damage, and that damage would be suffered before the Plaintiff or his/her attorney could be heard in opposition. 6. The Court finds that the Plaintiff lacks any remedy at banks and individual law. 7. The Plaintiff is entitled to a Temporary Restraining Order commanding the Defendant to cease reproduction, publication and/or distribution of the document identified as "Exhibit A" to the Complaint or of any other information or document directed at the personal or professional defamation of the Plaintiff. 8. The Court finds that counsel for the Plaintiff has complied with the requirements of Rule 65 of the Mississippi Rules of Civil Procedure by attempting to give notice to the Defendant of his/her intention to bring on for hearing a motion for a temporary restraining order and preliminary injunction based upon the Verified Complaint. The Court finds that it is necessary to grant a Temporary Restraining Order without further notice to the Plaintiff so as to present immediate and irreparable harm as set out above based on the Plaintiff verified Complaint. 9. Pursuant to Rule 65(c) of the Mississippi Rules of Civil Procedure, the Court directs that security be posted in the form of a bond by the Plaintiff, in the amount of $ . IT IS THEREFORE, ORDERED, that the Defendant shall immediately cease reproduction, publication and/or distribution of the document identified as "Exhibit A" to the Complaint, or of any other information or documents which are directed at the personal or professional defamation of the Plaintiff. IT IS FURTHER ORDERED, that this Temporary Restraining Order shall be in force and effect for a period of ten days from the date and time entered. This the day of , 20 . _________________________________________ CHANCELLOR

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