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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