1. Injunction may be served on a person who is not a party. An injunction issued against a person may be served on that person whether or not that person is a party to the action, and that person is liable to all the penalties and consequences provided for a breach of the injunction.

[RR 2021, c. 1, Pt. B, §431 (COR).]

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Terms Used In Maine Revised Statutes Title 35-A Sec. 6510

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
2. Violation of injunction. The court may order a person who violates the injunction, after service, or who uses the property to show cause at a time fixed why a decree should not be entered and execution issued against that person and that person’s goods and estate for the damages, interest, costs and additional damages and costs for breach of the injunction.

[RR 2021, c. 1, Pt. B, §431 (COR).]

3. Court may enter decree. Upon service and return of the order, the court may enter a decree that is just and equitable against the person and issue execution accordingly or may proceed against the person for breach of injunction.

[RR 2021, c. 1, Pt. B, §431 (COR).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §431 (COR).