Montana Code 27-19-201. When preliminary injunction may be granted — when injunction order may be granted — legislative intent
27-19-201. When preliminary injunction may be granted — when injunction order may be granted — legislative intent. (1) A preliminary injunction order or temporary restraining order may be granted when the applicant establishes that:
Terms Used In Montana Code 27-19-201
- Case law: The law as laid down in cases that have been decided in the decisions of the 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 or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- 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.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the applicant is likely to succeed on the merits;
(b)the applicant is likely to suffer irreparable harm in the absence of preliminary relief;
(c)the balance of equities tips in the applicant’s favor; and
(d)the order is in the public interest.
(2)An injunction order may be granted in either of the following cases between persons, not including a person being sued in that person’s official capacity:
(a)when it appears that the adverse party, while the action is pending, threatens or is about to remove or to dispose of the adverse party’s property with intent to defraud the applicant, in which case an injunction order may be granted to restrain the removal or disposition; or
(b)when it appears that the applicant has applied for an order under the provisions of 40-4-121 or an order of protection under Title 40, chapter 15.
(3)The applicant for an injunction provided for in this section bears the burden of demonstrating the need for an injunction order.
(4)It is the intent of the legislature that the language in subsection (1) mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United States supreme court case law.