Bill > HB715

This bill revises Montana's laws regarding injunctions, focusing on establishing clearer standards for obtaining preliminary injunctions. For mandatory preliminary injunctions, the bill requires applicants to prove four key criteria: that the law and facts strongly favor their position, that without an injunction extreme damage will occur that cannot be remedied through financial compensation, that the balance of equities favors the applicant, and that the order serves the public interest. The bill explicitly prohibits courts from using sliding scale or "serious questions" tests when evaluating these injunctions, instead requiring courts to independently examine each criterion. Additionally, the bill clarifies the standards for interpersonal injunctions, such as those related to property protection or domestic violence orders, and modifies existing statutes to more closely mirror federal preliminary injunction standards. The legislation aims to improve the readability and consistency of injunction laws, with the changes applying to causes of action initiated on or after October 1, 2025. By establishing more precise guidelines, the bill seeks to provide greater clarity and predictability in how courts grant preliminary injunctions in Montana.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC3466