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Current as of January 01, 2023 | Updated by FindLaw Staff
In the interpretation and application of R.S. 23:844 through 23:847, the public policy of this State is declared as follows:
Legal procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that:
(1) The status quo cannot be maintained but is necessarily altered by the injunction;
(2) Determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory, and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;
(3) Error in issuing the injunctive relief is usually irreparable to the opposing party; and
(4) Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 23, § 843. Injunctive relief; declaration of policy regarding procedure for granting - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-23-sect-843/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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