- 2025
69th Legislature 2025 HB0409
- 1 - Authorized Print Version – HB 409
ENROLLED BILL
AN ACT PROHIBITING A COURT FROM USING CERTAIN TESTS WHEN CONSIDERING AN APPLICATION
FOR A PRELIMINARY INJUNCTION OR A TEMPORARY RESTRAINING ORDER; AMENDING SECTION 27-
19-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
WHEREAS, in 2023, the Montana Legislature amended section 27-19-201, MCA, to establish a
standard for preliminary injunctions and temporary restraining orders based on United States Supreme Court
precedent; and
WHEREAS, that section states, "It is the intent of the legislature that the language in subsection (1)
mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1)
closely follow United States supreme court case law"; and
WHEREAS, in Stensvad v. Newmay Ayers Ranch, Inc., the Montana Supreme Court adopted the
serious questions test, a sliding scale approach to evaluating applications for preliminary injunctions and
temporary restraining orders; and
WHEREAS, the use of the serious questions test or any other sliding scale test is contrary to the
legislative intent expressed in section 27-19-201, MCA; and
WHEREAS, the amendments to section 27-19-201, MCA, contained in this legislation are intended to
express the intent of the Legislature that any applications for preliminary injunctions or temporary restraining
orders must be based on United States Supreme Court precedent and not on 9th Circuit Court of Appeals
decisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 27-19-201, MCA, is amended to read:
"27-19-201. - 2025
69th Legislature 2025 HB0409
- 2 - Authorized Print Version – HB 409
ENROLLED BILL
granted -- legislative intent. (1) A preliminary injunction order or temporary restraining order may be granted
when the applicant establishes that:
(a) the applicant is likely to succeed on the merits;
(b) the applicant is likely to suffer irreparable harm in the absence of preliminary relief;
(c) the balance of equities tips in the applicant's favor; and
(d) the order is in the public interest.
(2) An injunction order may be granted in either of the following cases between persons, not
including a person being sued in that person's official capacity:
(a) when it appears that the adverse party, while the action is pending, threatens or is about to
remove or to dispose of the adverse party's property with intent to defraud the applicant, in which case an
injunction order may be granted to restrain the removal or disposition; or
(b) when it appears that the applicant has applied for an order under the provisions of 40-4-121 or
an order of protection under Title 40, chapter 15.
(3) The applicant for an injunction provided for in this section bears the burden of demonstrating
the need for an injunction order.
(4)(4) (a) It is the intent of the legislature that the language in subsection (1) mirror the federal
preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United
States supreme court case law.
(b) When conducting the preliminary injunction analysis, the court shall examine the four criteria in
subsection (1) independently. The court may not use a sliding scale test, the serious questions test, flexible
interplay, or another federal circuit modification to the criteria."
Section 2. [This act] is effective on passage and approval.
- END - I hereby certify that the within bill,
HB 409, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 409
INTRODUCED BY S. FITZPATRICK
AN ACT PROHIBITING A COURT FROM USING CERTAIN TESTS WHEN CONSIDERING AN APPLICATION
FOR A PRELIMINARY INJUNCTION OR A TEMPORARY RESTRAINING ORDER; AMENDING SECTION 27-
19-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”