Montana Code 27-19-318. Application for injunction to be heard without delay
27-19-318. Application for injunction to be heard without delay. (1) Whenever a temporary restraining order is granted without notice, the application for an injunction must be set for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character.
Terms Used In Montana Code 27-19-318
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Writing: includes printing. See Montana Code 1-1-203
(2)At the hearing the party who obtained the temporary restraining order shall proceed with the application for an injunction, or if the party does not do so, the court or judge shall dissolve the temporary restraining order.
(3)The hearing must be held within 20 days of issuance of the temporary restraining order.
(4)If the hearing is not held within 20 days, the temporary restraining order automatically expires unless:
(a)the parties stipulate in writing to an extension; and
(b)the stipulation is filed with the court.
(5)After the hearing, the court may extend the temporary restraining order for 21 days.
(6)If the judge fails to address whether a bond is required during the hearing, the temporary restraining order is invalid and unenforceable.
(7)If the court has not ruled on the preliminary injunction within 21 days of the hearing on the temporary restraining order, the preliminary injunction is considered denied unless otherwise stipulated in writing by the parties.