Is an affidavit necessary for seeking a temporary injunction_________________?
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Answer: A. Essential
Explanation
An affidavit is essential when seeking a temporary injunction from a civil court. It verifies the factual averments made by the applicant seeking urgent equitable relief. Courts refuse to grant interim injunctions without sworn supporting documentation. Civil procedure rules require sworn statements to support emergency interlocutory applications. Affidavits hold makers legally accountable for any false statements submitted to the court. Interim relief requires a prima facie case established through verified pleadings.
Plaintiffs file detailed affidavits to demonstrate irreparable loss if injunctions are denied. Defense attorneys scrutinize supporting affidavits to find inconsistencies in plaintiff claims. Procedural compliance ensures that emergency court powers are exercised responsibly. Option b incorrectly leaves affidavit necessity dependent on the applicant's mood. Option c wrongly subjects essential procedural documents to unguided judicial discretion. Option d is incorrect because an affidavit is fundamentally essential in law.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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