Montana Code 27-19-303. Time of granting injunction, evidence required
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27-19-303. Time of granting injunction, evidence required. (1) The injunction order may be granted after the hearing at any time before judgment.
Terms Used In Montana Code 27-19-303
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)Upon the hearing each party may present affidavits or oral testimony. An injunction order may not be granted on affidavits unless:
(a)they are duly verified; and
(b)the material allegations of the affidavits setting forth the grounds for the order are made positively and not upon information and belief.
(3)Upon the hearing of a contested application for an injunction order, a verified answer has the effect only of an affidavit.