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69th Legislature 2025 HB 409.1
- 1 - Authorized Print Version – HB 409
1 HOUSE BILL NO. 409
2 INTRODUCED BY S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING A COURT FROM USING CERTAIN TESTS WHEN
5 CONSIDERING AN APPLICATION FOR A PRELIMINARY INJUNCTION OR A TEMPORARY RESTRAINING
6 ORDER; AMENDING SECTION 27-19-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
7
8 WHEREAS, in 2023, the Montana Legislature amended section 27-19-201, MCA, to establish a
9 standard for preliminary injunctions and temporary restraining orders based on United States Supreme Court
10 precedent; and
11 WHEREAS, that section states, "It is the intent of the legislature that the language in subsection (1)
12 mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1)
13 closely follow United States supreme court case law"; and
14 WHEREAS, in Stensvad v. Newmay Ayers Ranch, Inc., the Montana Supreme Court adopted the
15 serious questions test, a sliding scale approach to evaluating applications for preliminary injunctions and
16 temporary restraining orders; and
17 WHEREAS, the use of the serious questions test or any other sliding scale test is contrary to the
18 legislative intent expressed in section 27-19-201, MCA; and
19 WHEREAS, the amendments to section 27-19-201, MCA, contained in this legislation are intended to
20 express the intent of the Legislature that any applications for preliminary injunctions or temporary restraining
21 orders must be based on United States Supreme Court precedent and not on 9th Circuit Court of Appeals
22 decisions.
23
24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
25
26 Section 27-19-201, MCA, is amended to read:
27 "27-19-201.
28 (1) A preliminary injunction order or temporary restraining order may be granted ****
69th Legislature 2025 HB 409.1
- 2 - Authorized Print Version – HB 409
1 when the applicant establishes that:
2 (a) the applicant is likely to succeed on the merits;
3 (b) the applicant is likely to suffer irreparable harm in the absence of preliminary relief;
4 (c) the balance of equities tips in the applicant's favor; and
5 (d) the order is in the public interest.
6 (2) An injunction order may be granted in either of the following cases between persons, not
7 including a person being sued in that person's official capacity:
8 (a) when it appears that the adverse party, while the action is pending, threatens or is about to
9 remove or to dispose of the adverse party's property with intent to defraud the applicant, in which case an
10 injunction order may be granted to restrain the removal or disposition; or
11 (b) when it appears that the applicant has applied for an order under the provisions of 40-4-121 or
12 an order of protection under Title 40, chapter 15.
13 (3) The applicant for an injunction provided for in this section bears the burden of demonstrating
14 the need for an injunction order.
15 (4) When considering an application for a preliminary injunction or a temporary restraining order, a
16 court may not use a sliding scale test or the serious questions test.
17 (4)(5) It is the intent of the legislature that the language in subsection (1) mirror the federal
18 preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United
19 States supreme court case law."
20
21 NEW SECTION. Section 2. [This act] is effective on passage and approval.
22 - END -