Bill

Bill > SB43


MT SB43

Generally revise injunctive powers of the judiciary


summary

Introduced
12/12/2024
In Committee
01/07/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING INJUNCTIVE POWERS OF THE JUDICIARY; PROHIBITING THE GRANT OF AN INJUNCTION IN THE DISTRICT COURT TO RESTRAIN THE ENFORCEMENT OF A STATUTE AGAINST A NONPARTY; REQUIRING AN INJUNCTION BE APPEALED TO THE SUPREME COURT TO ACHIEVE STATEWIDE ENFORCEMENT LIMITING THE SCOPE OF INJUNCTIONS THAT RESTRAIN THE ENFORCEMENT OF A STATUTE; AND AMING SECTION SECTIONS 27-19-101, AND 27-19-103, MCA.”

AI Summary

This bill modifies Montana's judicial injunction laws by adding two key provisions to limit the scope and application of court-issued injunctions. First, the bill prohibits district courts from granting injunctions that restrain the enforcement of a statute against parties who are not directly involved in the legal proceedings, which aligns with existing legal principles of fairness and due process. Second, the bill stipulates that any injunction intended to remedy a constitutional violation must be directly and substantially connected to the specific violation and may only require compliance from the parties directly before the court, effectively constraining the breadth of judicial orders. The legislation appears to codify existing legal precedents from Montana Supreme Court cases, such as In re Parenting of P.H.R. and Montana Department of Public Health & Human Services v. Eighth Judicial District Court, which have emphasized that courts cannot enforce orders against non-parties. By placing these limitations in statutory law, the bill aims to provide clearer guidelines for judicial injunctions and prevent overly broad judicial interventions.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...