This bill aims to revise the injunctive powers of the judiciary in Montana by introducing specific limitations on the granting of injunctions. It 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 definitions and conditions under which injunctions may be granted, emphasizing that the scope of an injunction should not exceed what is necessary to enforce the court's order.
Key amendments include the clarification that injunctions granted by district court judges are only enforceable within the judicial district where they were issued, and that injunctions cannot be used to restrain the enforcement of a statute against nonparties. Furthermore, the bill specifies 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 the judicial system.
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(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