Montana Code 27-19-315. When restraining order may be granted without notice
27-19-315. When restraining order may be granted without notice. (1) Except as provided in subsection (2), a temporary restraining order may be granted without written or oral notice to the adverse party or the party’s attorney only if:
Terms Used In Montana Code 27-19-315
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
(a)the applicant or the applicant’s attorney makes a showing that the requirements of 27-19-201(1) are met; and
(b)the applicant or the applicant’s attorney certifies to the court in writing the efforts, if any, that have been made to give notice and the reasons supporting the applicant’s claim that notice should not be required.
(2)If the state, the state’s departments, agencies, or political subdivisions, or officers of the state or a political subdivision acting in their official capacities are the adverse party, a temporary restraining order may not be granted unless:
(a)notice could not be provided through no fault of the moving party; or
(b)the suit is brought pursuant to Title 40.
(3)As used in this section, “political subdivision” has the meaning provided in 2-9-101.