Senate Bill No. [insert bill number] aims to revise the injunctive powers of the judiciary in Montana by introducing specific limitations on the granting of injunctions. The bill prohibits the district court from issuing injunctions that restrain the enforcement of a statute against nonparties. Additionally, it requires that any injunction seeking statewide enforcement must be appealed to the Supreme Court. The bill also amends existing statutes to clarify that injunctions granted by district court judges are only enforceable within the judicial district where they were issued, unless otherwise appealed.
Furthermore, the bill modifies the conditions under which injunctions may be granted, explicitly stating that they may not be issued to restrain the enforcement of a statute against a nonparty. It emphasizes that any injunction aimed at remedying a constitutional violation must directly address the violation and not impose more requirements than necessary for compliance by the parties involved. These changes are intended to reinforce fairness and due process in judicial proceedings, aligning with established legal principles and previous court rulings.
Statutes affected: LC Text: 27-19-103
SB0043_1(1): 27-19-103
SB0043_1(2): 27-19-103
SB0043_1(3): 27-19-103
SB0043_1(4): 27-19-103
SB0043_1(5): 27-19-103
SB0043_1(6): 27-19-103
SB0043_1(7): 27-19-103
SB0043_1(8): 27-19-103
SB0043_1: 27-19-103
SB0043_2(1): 27-19-101, 27-19-103
SB0043_2(10): 27-19-103
SB0043_2(11): 27-19-103
SB0043_2(2): 27-19-101, 27-19-103
SB0043_2(3): 27-19-101, 27-19-103
SB0043_2(4): 27-19-103
SB0043_2(5): 27-19-103
SB0043_2(6): 27-19-103
SB0043_2(7): 27-19-103
SB0043_2(8): 27-19-103
SB0043_2(9): 27-19-103
SB0043_2: 27-19-101, 27-19-103