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    The Kind of Provisional Remedies

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    Herbert Shirov Tendido Securata
    This document summarizes various types of provisional remedies available during a legal case: preliminary attachment, preliminary injunction, receivership, replevin, and support pendente lite. It provides more detail on preliminary injunctions, receivership, replevin, and support pendente lite. Preliminary injunctions can be preventive/prohibitive, requiring refraining from an act, or mandatory, requiring performance of an act, and are intended to preserve the status quo. Receivership involves appointing an impartial person by the court to protect disputed property. Replevin allows recovering possession of personal property by filing an affidavit of ownership and posting a bond. Support pendente lite compels the adverse party to provide

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    The Kind of Provisional Remedies

    Uploaded by

    Herbert Shirov Tendido Securata
    30 views2 pages
    This document summarizes various types of provisional remedies available during a legal case: preliminary attachment, preliminary injunction, receivership, replevin, and support pendente lite. It provides more detail on preliminary injunctions, receivership, replevin, and support pendente lite. Preliminary injunctions can be preventive/prohibitive, requiring refraining from an act, or mandatory, requiring performance of an act, and are intended to preserve the status quo. Receivership involves appointing an impartial person by the court to protect disputed property. Replevin allows recovering possession of personal property by filing an affidavit of ownership and posting a bond. Support pendente lite compels the adverse party to provide

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    This document summarizes various types of provisional remedies available during a legal case: preliminary attachment, preliminary injunction, receivership, replevin, and support pendente lite. It provides more detail on preliminary injunctions, receivership, replevin, and support pendente lite. Preliminary injunctions can be preventive/prohibitive, requiring refraining from an act, or mandatory, requiring performance of an act, and are intended to preserve the status quo. Receivership involves appointing an impartial person by the court to protect disputed property. Replevin allows recovering possession of personal property by filing an affidavit of ownership and posting a bond. Support pendente lite compels the adverse party to provide

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views2 pages

    The Kind of Provisional Remedies

    Uploaded by

    Herbert Shirov Tendido Securata
    This document summarizes various types of provisional remedies available during a legal case: preliminary attachment, preliminary injunction, receivership, replevin, and support pendente lite. It provides more detail on preliminary injunctions, receivership, replevin, and support pendente lite. Preliminary injunctions can be preventive/prohibitive, requiring refraining from an act, or mandatory, requiring performance of an act, and are intended to preserve the status quo. Receivership involves appointing an impartial person by the court to protect disputed property. Replevin allows recovering possession of personal property by filing an affidavit of ownership and posting a bond. Support pendente lite compels the adverse party to provide

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    PROVISIONAL REMEDIES

    The Kind Of Provisional Remedies


    1.
    2.
    3.
    4.
    5.

    Preliminary Attachment
    Preliminary Injunction
    Receivership
    Replevin
    Support pendente lite

    are writ and processes available during the pendency of an action to preserve and protect certain rights and interests
    pending the result of the final judgment in the case.

    PRELIMINARY INJUNCTION
    What is Preliminary Injunction?
    A judicial writ, process or proceedings whereby a party is ordered to do or refrain from doing a particular act.
    Prior notice is indispensable for the issuance of a writ of Preliminary Injunction(PI) and a Temporary Restraining
    Order(TRO).
    o Exception:
    If the matter is of extreme urgency and the applicant may suffer injustice and injury, the court may issue an ex
    parte TRO effective for only seventy-two(72) hours from issuance, renewable after summary hearing for a period
    not exceeding twenty(20) hours which includes the original 72 hours if previously granted.
    a.
    b.

    The Kinds Of Injunction


    Preventive or prohibitive injunction requires a person to refrain from doing a particular act.
    Mandatory injunction requires the performance of a particular act.

    What Is Its Purpose?


    - to preserve the status quo, i.e., the last actual, peaceable, uncontested status which precedes the pending controversy.
    RULE 59
    RECEIVERSHIP
    Who is a Receiver?
    - person appointed by the court in behalf of all the parties to an action for the purpose of preserving the property involved in the
    suit and to protect the rights of all the parties under the direction of the court.
    - as a rule, a party to the case nor the clerk of court should not be appointed.
    Note: no action maybe filed against the receiver without leave of court.
    Note: Ex parte appointment of a receiver is no longer authorized, a hearing must be conducted for that purpose.
    What Are The Requirements?
    1. Affidavit that the applicant has interest in the property that is the subject of the litigation and there is an inevitable
    damage to it thus, the court must appoint a receiver.
    2. Bond in the amount fixed by the court, to cover all the damages by reason of the appointment of a receiver. The court
    may require additional bond as further security.

    RULE 60
    REPLEVIN
    What Is Its Purpose?
    - to recover the possession of personal property.
    What Are The Requirements?
    1. Affidavit must allege that the applicant is the owner or entitled to possess the property, the description of the
    property, the actual market value of the property, and the person and why he withheld the property from the applicant.
    2. Bond the amount to be posted must double the value of the property as stated in the affidavit.

    RULE 61
    SUPPORT PENDENTE LITE
    What Is Its Purpose?
    To compel adverse party to provide support while action is pending in court.
    No bond is required from the applicant.
    The application must be verified and shall be set for hearing not more than three(3) days from the filing of the petition.

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