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Single Justice Appellate Court practice
A Single Justice of the Massachusetts Appeals Court has issued two clear
Temporary Orders, that favor the plaintiff with whom I had been working in an ongoing Superior Court civil action. The Superior Court judge is ignoring, evading, or even defying the key terms of the Single Justice's Temporary Orders -- thereby severely disadvantaging not only the plaintiff but my own interests as well. I lack standing respectfully to request that the Single Justice of the Appeals Court clarify his rulings to ensure that his Temporary Orders be honored and obeyed. The plaintiff in the Superior Court civil action fears antagonizing the judge, and will not utilize his own standing to pursue such clarification. Questions: [1] Could I gain sufficient temporary standing through an EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION -- such that, if my motion were denied by the trial court, I could then appeal to the Single Justice of the Appeals Court? [2] Would such an EMERGENCY MOTION, as with standard Superior Court motions, require an affidavit and a memorandum of law? [3] Could I file in addition a MOTION FOR A DECLARATORY JUDGMENT? Or would this be superfluous? [4] Because my own interests are so seriously involved, should my EMERGENCY MOTION suggest that, as I now intend, my own complaint and my own separate civil action are imminent? Any thoughtful advice or suggestions would be greatly appreciated! justice-seeker |
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