Legal Memorandum: Emergent Relief Requirements in NJ

Issue: What is necessary for a petitioner to qualify for emergent relief under N.J.A.C. 6A:3-1.6(b)

Area of Law: Litigation & Procedure
Keywords: Emergent relief; Requirements
Jurisdiction: New Jersey
Cited Cases: None
Cited Statutes: N.J.A.C. 6A:3-1.6(b)
Date: 01/01/2012

Petitioners must satisfy the four requirements for emergent relief under N.J.A.C. 6A:3-1.6(b):

1. The petitioner will suffer irreparable harm if the requested relief is not granted;

2. The legal right underlying the petitioner’s claim is settled;

3. The petitioner has a likelihood of prevailing on the merits of the underlying claim; and

4. When the equities and interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.


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