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Old 08-28-2009, 01:23 PM
Junior Member
 
Join Date: Aug 2009
Posts: 1
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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