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Alternative Relief

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Remedies sought in a lawsuit in various forms or in the alternative, such as a demand for Specific Performance of a contract or monetary damages to compensate for the failure to perform the obligation, or both.

Modern rules governing Pleading in courts now specifically permit a party to demand relief in the alternative. This eliminates the harsh consequences of the rule of Common-Law Pleading that required a party to make one demand for one type of relief and to lose the case if a different remedy were more appropriate. Today, a party can ask for alternative forms of relief and recover what is later proved to be most appropriate at trial.


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Because the prior order was entered on an emergency basis, without the commencement of formal adversary proceedings against all of the parties affected thereby, the new order extends the duration of the interim relief for an additional week to provide parties who wish to seek to continue its provisions on a permanent injunctive basis or to obtain alternative relief a prior opportunity to commence the proceedings necessary to do so before the interim relief ends.
 
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