Montana Code 69-5-111. Judicial remedies
69-5-111. Judicial remedies. (1) Whenever an electric facilities provider is failing or omitting or about to fail or omit to do anything required of it by this part or is doing or is about to do anything or to permit anything to be done contrary to or in violation of this part, the electric facilities provider affected may file a complaint in the district court setting forth the acts or omissions complained of and requesting an injunction.
Terms Used In Montana Code 69-5-111
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Electric facilities provider: means any utility that provides electric service facilities to the public. See Montana Code 69-5-102
- 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.
(2)If an affidavit showing that grounds exist that an electric facilities provider is in violation of this part is filed with the complaint, a temporary restraining order must be issued without notice. A copy of the temporary restraining order, complaint, and affidavit must be served upon the defendant, together with an order to show cause why the temporary restraining order should not be made permanent, within 5 days after issuance of the temporary restraining order. The hearing on the order to show cause must be held at a date specified in the order and may not be more than 10 days after service of the order and must take precedence over all matters pending before the district court. A judgment making the injunction permanent or dissolving the temporary restraining order that was issued and dismissing the complaint must be made before 10 days after the hearing on the order to show cause.
(3)Any party aggrieved by the order may appeal to the supreme court of Montana by filing a notice of appeal in the district court within 20 days from entry of the order. The appeal must be perfected within 20 days after filing the notice of appeal and must take precedence over all matters pending before the supreme court of Montana.