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  • 27-19-201. When Preliminary Injunction May Be Granted, MCA

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    Orambah Neteru
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    This document summarizes Montana state law regarding when preliminary injunctions may be granted. It lists 5 situations: (1) when the applicant is entitled to relief and that relief involves stopping an ongoing act, (2) when continuing an act during litigation would cause great harm, (3) when the adverse party is violating the applicant's rights related to the subject of the action, (4) when the adverse party is removing or disposing of property with intent to defraud, and (5) when the applicant has applied for a protection order. The document provides the statutory history and references the relevant sections of Montana code.

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    27-19-201. When preliminary injunction may be granted, MCA

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    This document summarizes Montana state law regarding when preliminary injunctions may be granted. It lists 5 situations: (1) when the applicant is entitled to relief and that relief involves stopping an ongoing act, (2) when continuing an act during litigation would cause great harm, (3) when the adverse party is violating the applicant's rights related to the subject of the action, (4) when the adverse party is removing or disposing of property with intent to defraud, and (5) when the applicant has applied for a protection order. The document provides the statutory history and references the relevant sections of Montana code.

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    © All Rights Reserved
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    43 views1 page

    27-19-201. When Preliminary Injunction May Be Granted, MCA

    Uploaded by

    Orambah Neteru
    This document summarizes Montana state law regarding when preliminary injunctions may be granted. It lists 5 situations: (1) when the applicant is entitled to relief and that relief involves stopping an ongoing act, (2) when continuing an act during litigation would cause great harm, (3) when the adverse party is violating the applicant's rights related to the subject of the action, (4) when the adverse party is removing or disposing of property with intent to defraud, and (5) when the applicant has applied for a protection order. The document provides the statutory history and references the relevant sections of Montana code.

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    © All Rights Reserved
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    of 1

    5/18/22, 8:02 AM 27-19-201.

    When preliminary injunction may be granted, MCA

    MCA Contents
    /  TITLE 27
    /  CHAPTER 19
    /  Part 2
    /  27-19-201 When prelim…

    Montana Code Annotated 2021


    TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
    CHAPTER 19. INJUNCTIONS
    Part 2. Availability of Preliminary Injunction

    When Preliminary Injunction May Be Granted


    27-19-201. When preliminary injunction may be granted. An injunction order may be granted in the
    following cases:

    (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief
    consists in restraining the commission or continuance of the act complained of, either for a limited period or
    perpetually;

    (2) when it appears that the commission or continuance of some act during the litigation would produce a
    great or irreparable injury to the applicant;

    (3) when it appears during the litigation that the adverse party is doing or threatens or is about to do or is
    procuring or suffering to be done some act in violation of the applicant's rights, respecting the subject of the
    action, and tending to render the judgment ineffectual;

    (4) when it appears that the adverse party, during the pendency of the action, threatens or is about to
    remove or to dispose of the adverse party's property with intent to defraud the applicant, an injunction order may
    be granted to restrain the removal or disposition;

    (5) 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.

    History: En. Sec. 83, p. 58, Bannack Stat.; re-en. Sec. 112, p. 154, L. 1867; re-en. Sec. 129, p. 52, Cod.
    Stat. 1871; re-en. Sec. 171, p. 79, L. 1877; re-en. Sec. 171, 1st Div. Rev. Stat. 1879; re-en. Sec. 173, 1st Div.
    Comp. Stat. 1887; amd. Sec. 871, C. Civ. Proc. 1895; re-en. Sec. 6643, Rev. C. 1907; re-en. Sec. 9243,
    R.C.M. 1921; Cal. C. Civ. Proc. Sec. 526; re-en. Sec. 9243, R.C.M. 1935; R.C.M. 1947, 93-4204; amd. Sec. 1,
    Ch. 399, L. 1979; amd. Sec. 2, Ch. 180, L. 1981; amd. Sec. 1, Ch. 526, L. 1985; amd. Sec. 3, Ch. 350, L.
    1995.

    Created by

    https://leg.mt.gov/bills/mca/title_0270/chapter_0190/part_0020/section_0010/0270-0190-0020-0010.html 1/1

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