Unofficial Draft Copy
**** As of: 11/06/2024, 10:20:45
69th Legislature 2025 Drafter: Maddie Krezowski, **** LC 0048
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT TO GENERALLY REVISE INJUNCTIVE POWERS OF THE
5 JUDICIARY; PROHIBITING THE GRANT OF AN INJUNCTION TO RESTRAIN THE ENFORCEMENT OF A
6 STATUTE AGAINST A NONPARTY; LIMITING THE SCOPE OF INJUNCTIONS THAT RESTRAIN THE
7 ENFORCEMENT OF A STATUTE; AMENDING SECTION 27-19-103, MCA.”
8
9 WHEREAS, the Montana Supreme Court has stated that courts cannot enforce an order against a non-
10 party, as in In re Parenting of P.H.R., 2021 MT 231, 405 Mont. 334, 495 P.3d 38, and Montana Department of
11 Public Health & Human Services v. Eighth Judicial District Court, 414 Mont. 389, 539 P.3d 1109 (2023); and
12 WHEREAS, this statement of law is a basic rule of fairness and is consistent with the Due Process
13 Clause of the 14th Amendment to the United States Constitution and Article II, section 17, of the Montana
14 Constitution; and
15 WHEREAS, despite this statement of the rule, the Montana Supreme Court has on various occasions
16 extended its order to affect non-parties such as in McLaughlin v. Montana State Legislature, 2021 MT 120, 404
17 Mont. 166, 489 P.3d 482, in which it vacated a subpoena issued by a non-party and State of Montana ex rel.
18 Montanans for the Preservation of Citizen's Rights v. Waltermire, 231 Mont. 406, 757 P.2d 746 (1988) in which
19 it imposed a decision against the proponents of one voter initiative against the non-party proponents of another;
20 and
21 WHEREAS, placing this rule in statute would remind the courts of the foundational nature of this
22 principle; and
23 WHEREAS, it is also a basic rule of law that, in general, the scope of an injunction should not exceed
24 the scope required to enforce the court's order; and
25 WHEREAS, the Legislature has decided to embody this basic rule of law in statute.
26
27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
28
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 Unofficial Draft Copy
**** As of: 11/06/2024, 10:20:45
69th Legislature 2025 Drafter: Maddie Krezowski, **** LC 0048
1 Section 1. Section 27-19-103, MCA, is amended to read:
2 "27-19-103. When injunction may not be granted. An injunction cannot be granted:
3 (1) to stay a judicial proceeding pending at the commencement of an action in which the injunction
4 is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;
5 (2) to stay proceedings in a court of the United States;
6 (3) to stay proceedings in another state upon a judgment of a court of that state;
7 (4) to prevent the execution of a public statute by officers of the law for the public benefit;
8 (5) to prevent the breach of a contract the performance of which would not be specifically
9 enforced;
10 (6) to prevent the exercise of a public or private office, in a lawful manner, by the person in
11 possession;
12 (7) to prevent a legislative act by a municipal corporation;
13 (8) in labor disputes under any other or different circumstances or conditions than if the
14 controversy were of another or different character or between parties neither or none of whom were laborers or
15 interested in labor questions; or
16 (9) to prevent the secretary of state from issuing a temporary or final administrative rule before the
17 administrative rule is issued; or
18 (10) to restrain the enforcement of a statute against a nonparty to the proceedings before the court.
19 An injunction to restrain the enforcement of a statute to remedy a constitutional violation must directly address
20 and bear a substantial connection to the violation and may not require more than is necessary to assure
21 compliance by the parties before the court."
22 - END -
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