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Potentially make bond waiver language conditional in complaint #386

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miabonardi opened this issue Apr 18, 2023 · 0 comments
Open

Potentially make bond waiver language conditional in complaint #386

miabonardi opened this issue Apr 18, 2023 · 0 comments
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enhancement New feature or request

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@miabonardi
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Consider making "because Tenant cannot afford to provide such security.” conditional on fee waiver selection / affidavit of indigency and also look up other reasons why the bond could be waived.

https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-65-injunctions#-c-security

“41. Waive the requirement of Rule 65(c) of the Massachusetts Rules of Civil Procedure that Tenant provide security for the issuance of the above Order because Tenant cannot afford to provide such security.”

If the judge issues the tro for repairs they're not likely to require a bond. Bond purpose is to protect the defendant if they end up winning at trial after getting a bad decision on the tro.

@miabonardi miabonardi added the enhancement New feature or request label Apr 18, 2023
@miabonardi miabonardi added this to the Post release features milestone Apr 18, 2023
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