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MontanaHB 40969th Legislature, Regular Session (2025)House

Revise injunction laws

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

Judges and JusticesCivil ProcedureCourts

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Tougher test for Montana injunctions

Montana now uses a four-part test for preliminary injunctions and temporary restraining orders. To get one, the applicant must show four things: likely to win, likely irreparable harm, fairness tilts their way, and the order is in the public interest. Courts must judge each factor on its own and cannot use sliding-scale or serious-questions tests. The applicant has the burden to prove the need for the order. Courts follow U.S. Supreme Court cases when applying these rules.

Sponsors & Cosponsors

Sponsor

  • Steve Fitzpatrick

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 294 • No: 198

House vote • 3/21/2025

Do Concur

Yes: 58 • No: 39

House vote • 3/20/2025

Do Concur

Yes: 58 • No: 40

House vote • 3/18/2025

Do Concur

Yes: 31 • No: 18

House vote • 3/17/2025

Do Concur

Yes: 32 • No: 17

House vote • 2/20/2025

Do Pass

Yes: 57 • No: 42

House vote • 2/19/2025

Do Pass

Yes: 58 • No: 42

Actions Timeline

  1. Chapter Number Assigned

    3/25/2025House

  2. Signed by Governor

    3/25/2025House

  3. Transmitted to Governor

    3/24/2025House

  4. Signed by President

    3/24/2025Senate

  5. Signed by Speaker

    3/24/2025House

  6. Returned from Enrolling

    3/24/2025House

  7. Sent to Enrolling

    3/21/2025House

  8. 3rd Reading Passed as Amended by Senate

    3/21/2025House

  9. 2nd Reading Senate Amendments Concurred

    3/20/2025House

  10. Returned to House with Amendments

    3/18/2025Senate

  11. 3rd Reading Concurred

    3/18/2025Senate

  12. 2nd Reading Concurred

    3/17/2025Senate

  13. Committee Report--Bill Concurred as Amended

    3/3/2025Senate

  14. Committee Executive Action--Bill Concurred as Amended

    3/3/2025Senate

  15. Committee Executive Action--Bill Passed as Amended

    3/3/2025Senate

  16. Committee Executive Action--Bill Concurred as Amended

    2/28/2025Senate

  17. Hearing

    2/24/2025Senate

  18. Hearing

    2/24/2025Senate

  19. Referred to Committee

    2/21/2025Senate

  20. First Reading

    2/21/2025Senate

  21. Transmitted to Senate

    2/20/2025House

  22. 3rd Reading Passed

    2/20/2025House

  23. 2nd Reading Passed

    2/19/2025House

  24. Committee Report--Bill Passed as Amended

    2/17/2025House

  25. Committee Executive Action--Bill Passed as Amended

    2/17/2025House

Bill Text

  • As Amended (Version 4)

    3/21/2025

    PDF

  • Enrolled

    3/21/2025

    PDF

  • As Amended (Version 3)

    3/3/2025

    PDF

  • As Amended (Version 2)

    2/17/2025

    PDF

  • Introduced

    2/6/2025

    PDF

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