Title 27, Title 27

Except where otherwise provided by the provisions of the code governing specific and preventive relief (chapter 1, part 4, of this title and Title 28, chapter 2, parts 16 and 17), a final injunction may be granted to prevent the breach of an obligation existing in favor of the ap…

An injunction cannot be granted: (1) to stay a judicial proceeding pending at the commencement of an action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings; (2) to stay proceedings in a court of the United Stat…

Whenever an action for injunctive relief is initiated by a citizens' group or other public interest association and it appears by the complaint that there is an injury to a property or civil right of individual members of the association, which injury is distinguishable from an i…

An order granting an injunction or a restraining order shall: (1) set forth the reasons for its issuance; (2) be specific in its terms; (3) describe in reasonable detail, and not by reference to the complaint or any other document, the act or acts sought to be restrained; and (4)…

(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…

Whenever any action, either civil or criminal, shall have been instituted in court in this state against any person for price fixing or regulating the production of any article of commerce or of the product of the soil, for consumption by the people, the court in which such actio…

When the public service commission is conducting an adjudicatory proceeding or formal investigation relating to continuation or interruption of service upon the motion of the consumer counsel or the interested person or the interested person's legal representative, a district cou…

The injunction provided for in 27-19-202 shall issue without bond, upon the application of the county attorney of the county in which the action is pending or upon the application of the attorney general in the name of the state of Montana, upon a prima facie showing that an acti…

(1) No preliminary injunction order may be issued without reasonable notice to the adverse party of the time and place that application for the injunction order was made. (2) Before granting an injunction order, the court or judge shall make an order requiring cause to be shown, …

(1) The injunction order may be granted after the hearing at any time before judgment. (2) Upon the hearing each party may present affidavits or oral testimony. An injunction order may not be granted on affidavits unless: (a) they are duly verified; and (b) the material allegatio…

(1) Subject to 25-1-402, on granting an injunction or restraining order, the judge shall require a written undertaking to be given by the applicant for the payment of the costs and damages that may be incurred or suffered by any party who is found to have been wrongfully enjoined…

On a hearing to show cause, the judge may require a new undertaking, in the same or a different sum, to be given by the party who obtained the order, with similar sureties and to the same effect as upon granting of the original order. The persons executing the new undertaking bec…

Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court or judge may enjoin the adverse party, until the hearing and decision of the application, by an order which is called a temporary restraining order.

(1) Except as provided in subsection (2), a temporary restraining order may be granted without written or oral notice to the adverse party or the party's attorney only if: (a) the applicant or the applicant's attorney makes a showing that the requirements of 27-19-201(1) are met;…

Each temporary restraining order granted without notice must: (1) be endorsed with the date and hour of its issuance; (2) be filed immediately in the clerk's office and entered in the record; (3) define the injury and state why the injury is irreparable and why the order was gran…

The time fixed in the order for its expiration may be extended, for good cause shown, for 10 days or, if the party against whom the order is directed consents, for a longer period. The reasons for the extension must be entered in the record.

(1) Whenever a temporary restraining order is granted without notice, the application for an injunction must be set for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. (2) At the hearing the party who obtaine…

On 2 days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice as the court or judge may prescribe, the adverse party may appear and move that the order be dissolved or modified. The court shall hear and determine such motion …

If the court grants a preliminary injunction or restraining order and the party against whom the injunction or restraining order is asserted is performing construction work, remodeling or renovating a property, or constructing a structure, building, or improvement, the court shal…

The party enjoined may apply to the judge who granted the injunction order or to the court in which the action is brought to dissolve or modify the same. The application may be made upon reasonable notice or upon an order to show cause returnable at a specified time or immediatel…

Upon the hearing, the judge may require a new undertaking, in the same or a different sum, to be given by the party who obtained the order, with similar sureties and to the same effect as the undertaking executed upon the granting of the original order. The persons executing the …

If upon the hearing it satisfactorily appears that there are not sufficient grounds for the injunction order, the order must be dissolved; or if it satisfactorily appears that the extent of the injunction order is too great, the order must be modified.

If the injunction order is dissolved because the alleged injury is not irreparable and is capable of being adequately compensated for in money, the court or judge shall require the enjoined party to execute an undertaking in such form and amount and with such sureties as the cour…

Where an injunction order is granted and the same is afterward dissolved upon application of the party enjoined thereby, the court or judge to whom the application to dissolve is made may award as costs of the application, against the party who obtained the injunction and in favo…

The word "property", used in this chapter, includes the rents, profits, or other income and the increase of real or personal property.

A receiver may be appointed by the court in which an action is pending when the action is: (1) by a vendor to vacate a fraudulent purchase of property; (2) by a creditor to subject any property or fund to the creditor's claim; (3) between partners or others jointly owning or inte…

Upon the dissolution of any corporation, the district court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation or of any stockholder or member thereof, may appoint one or more pe…

Notice of an application for the appointment of a receiver in an action before judgment in the action must be given to the adverse party unless the party has failed to appear in the action and the time limited for the party's appearance has expired or unless it appears to the cou…

No party, attorney, or person interested in an action can be appointed receiver therein without the written consent of the parties, filed with the clerk.

If a receiver is appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages the …

Before beginning the duties as receiver, the receiver must be sworn to perform the duties faithfully and shall execute an undertaking, with one or more sureties approved by the court or judge, to the person and in an amount that the court or judge may direct, to the effect that t…

The receiver has, under the control of the court, the power to: (1) bring and defend actions in the receiver's own name, as receiver; (2) take and keep possession of the property; (3) receive rents, collect debts, and compound for and compromise the rents and debts; (4) make tran…

Funds in the hands of a receiver may be invested upon interest, by order of the court, but no such order can be made except upon the consent of all the parties to the action.

The court may at any time remove a receiver.

The writ of certiorari may be denominated the writ of review.

A writ of review may be granted by: (1) the supreme court and any justice of the supreme court, in proceedings for contempt in the district court; or (2) the supreme court or the district court or any judge of those courts, when a lower tribunal, board, or officer exercising judi…

Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter. The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent wit…

The application must be made on affidavit by the party beneficially interested; and the court may require a notice of the application to be given to the adverse party, grant an order to show cause why it should not be allowed, or grant the writ without notice.

The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by…

If a stay of proceedings is not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court or judge. However, if the words are omitted, the power of the lower tribunal, board, or officer is no…

The writ must be served in the manner as a summons in civil action, except when otherwise expressly directed by the court or judge.

The writ may be directed to the inferior tribunal, board, or officer or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required.

Writs of review issued by the supreme court or by a district court or district judge may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be heard at any time.

If the return of the writ be defective, the court or judge may order a further return to be made.

The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer.

When a full return has been made, the court or judge must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming, annulling, or modifying the proceedings below.