Montana § 27-19-315 When Restraining Order May Be Granted Without Notice

Montana Statutes

§ 27-19-315 — When Restraining Order May Be Granted Without Notice

Montana § 27-19-315

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 19INJUNCTIONS

Part 3Procedure for Obtaining Preliminary Injunction

This text of Montana § 27-19-315 (When Restraining Order May Be Granted Without Notice) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-19-315 (2026).

Text

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:

(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 no

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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:
(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 .

Legislative History

En. Sec. 7, Ch. 399, L. 1979; amd. Sec. 2, Ch. 526, L. 1985; amd. Sec. 714, Ch. 56, L. 2009; amd. Sec. 3, Ch. 43, L. 2023; amd. Sec. 1, Ch. 285, L. 2023.