Montana Code 50-20-605. Civil remedies
50-20-605. Civil remedies. (1) A woman on whom an abortion has been performed or attempted in violation of 50-20-603 or the father of the unborn child who was the subject of the abortion may maintain an action against the person who performed or attempted the abortion in a purposeful or knowing violation of 50-20-603 for actual and punitive damages.
Terms Used In Montana Code 50-20-605
- Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
- attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-602
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-602
- 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
(2)(a) A cause of action for injunctive relief against a person who has purposely or knowingly violated 50-20-603 may be maintained by:
(i)the woman on whom an abortion was performed or attempted or, if the woman is a minor, the woman’s parent or guardian;
(ii)a person who is the spouse of the woman on whom an abortion has been performed or attempted;
(iii)a prosecuting attorney with appropriate jurisdiction; or
(iv)the attorney general.
(b)The injunction must prevent the person from performing or attempting additional abortions in violation of 50-20-603 in this state.
(3)If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall order the defendant to pay reasonable attorney fees to the plaintiff.
(4)If judgment is rendered in favor of the defendant and the court finds that the plaintiff’s lawsuit was frivolous and brought in bad faith, the court shall order the plaintiff to pay reasonable attorney fees to the defendant.
(5)Damages or attorney fees may not be assessed against the woman on whom an abortion was performed or attempted except in accordance with subsection (4).