reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 6. Procedure Following Attachment -- Return of Writ › 27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff

27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff.
If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, gives the sheriff a good and sufficient bond to indemnify the sheriff against loss or damage by reason of retaining the property, the sheriff shall deliver the property to the person making the claim.
History: En. Sec. 149, p. 57, Cod. Stat. 1871; re-en. Sec. 191, p. 87, L. 1877; re-en. Sec. 191, 1st Div. Rev. Stat. 1879; re-en. Sec. 193, 1st Div. Comp. Stat. 1887; en. Sec. 906, C. Civ. Proc. 1895; re-en. Sec. 6673, Rev. C. 1907; re-en. Sec. 9273, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 549; re-en. Sec. 9273, R.C.M. 1935; R.C.M. 1947, 93-4320; amd. Sec. 695, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 6. Procedure Following Attachment -- Return of Writ › 27-18-603. Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts

27-18-603. Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts.
(1) The sheriff shall make a full inventory of the property attached and return the inventory with the writ. When the sheriff has levied several writs of attachment on the same property, only one inventory must be made.
(2) To enable the sheriff to make the return as to debts and credits attached, the sheriff shall request, at the time of service, the person owing the debt or having the credit to give the sheriff the memorandum, stating the amount and description of each debt or credit. If the memorandum is refused, the sheriff may apply upon 1 day's notice to the court or judge for an order to compel the memorandum to be given. If the order is granted, it must also direct the payment of costs of the motion by the person refusing.
History: En. Sec. 100, p. 63, Bannack Stat.; amd. Sec. 129, p. 158, L. 1867; re-en. Sec. 147, p. 57, Cod. Stat. 1871; re-en. Sec. 189, p. 86, L. 1877; re-en. Sec. 189, 1st Div. Rev. Stat. 1879; re-en. Sec. 191, 1st Div. Comp. Stat. 1887; re-en. Sec. 902, C. Civ. Proc. 1895; re-en. Sec. 6669, Rev. C. 1907; re-en. Sec. 9269, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 546; re-en. Sec. 9269, R.C.M. 1935; R.C.M. 1947, 93-4316; amd. Sec. 696, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 6. Procedure Following Attachment -- Return of Writ › 27-18-604. Sheriff's return of writ

27-18-604. Sheriff's return of writ.
The sheriff shall return the writ of attachment with the summons if issued at the same time, otherwise, within 20 days after the writ's receipt, with a certificate of the sheriff's proceedings endorsed on or attached to the writ.
History: En. Sec. 114, p. 66, Bannack Stat.; re-en. Sec. 141, p. 160, L. 1867; re-en. Sec. 159, p. 59, Cod. Stat. 1871; re-en. Sec. 201, p. 89, L. 1877; re-en. Sec. 201, 1st Div. Rev. Stat. 1879; re-en. Sec. 203, 1st Div. Comp. Stat. 1887; amd. Sec. 919, C. Civ. Proc. 1895; re-en. Sec. 6686, Rev. C. 1907; re-en. Sec. 9287, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 559; re-en. Sec. 9287, R.C.M. 1935; R.C.M. 1947, 93-4334(part); amd. Sec. 697, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-701. Right to hearing following seizure without notice -- notice of right

27-18-701. Right to hearing following seizure without notice -- notice of right.
When a writ has been issued upon real property or upon the showing specified in 27-18-205(3)(b)(ii), the defendant may challenge the seizure of the property at a hearing before the court to be held within 3 days after the seizure. Notice of the right to a postseizure hearing shall be served personally on the defendant, or if the defendant cannot be found for personal service, notice shall be posted on the property and in three public places in the county where the property is located.
History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(1).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-702. When writ quashed

27-18-702. When writ quashed.
At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:
(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or
(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.
History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(2); amd. Sec. 698, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-711. Motion to discharge writ improperly issued

27-18-711. Motion to discharge writ improperly issued.
The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
History: En. Sec. 138, p. 160, L. 1867; re-en. Sec. 156, p. 59, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 198, p. 89, L. 1877; re-en. Sec. 198, 1st Div. Rev. Stat. 1879; re-en. Sec. 200, 1st Div. Comp. Stat. 1887; en. Sec. 914, C. Civ. Proc. 1895; re-en. Sec. 6681, Rev. C. 1907; re-en. Sec. 9282, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 556; re-en. Sec. 9282, R.C.M. 1935; R.C.M. 1947, 93-4329.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-712. Use of affidavits to support or oppose motion

27-18-712. Use of affidavits to support or oppose motion.
If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was made.
History: En. Sec. 139, p. 160, L. 1867; re-en. Sec. 157, p. 59, Cod. Stat. 1871; re-en. Sec. 199, p. 89, L. 1877; re-en. Sec. 199, 1st Div. Rev. Stat. 1879; re-en. Sec. 201, 1st Div. Comp. Stat. 1887; re-en. Sec. 915, C. Civ. Proc. 1895; re-en. Sec. 6682, Rev. C. 1907; re-en. Sec. 9283, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 557; re-en. Sec. 9283, R.C.M. 1935; R.C.M. 1947, 93-4330.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-713. Decision of court

27-18-713. Decision of court.
If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged. But the court or judge may allow the plaintiff to amend the plaintiff's affidavit or undertaking.
History: En. Sec. 140, p. 160, L. 1867; re-en. Sec. 158, p. 59, Cod. Stat. 1871; re-en. Sec. 200, p. 89, L. 1877; re-en. Sec. 200, 1st Div. Rev. Stat. 1879; re-en. Sec. 202, 1st Div. Comp. Stat. 1887; amd. Sec. 916, C. Civ. Proc. 1895; re-en. Sec. 6683, Rev. C. 1907; re-en. Sec. 9284, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 558; re-en. Sec. 9284, R.C.M. 1935; R.C.M. 1947, 93-4331; amd. Sec. 699, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-715. Exception to plaintiff's sureties

27-18-715. Exception to plaintiff's sureties.
At any time within 30 days after the service of summons, the defendant may take exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections to the sureties.
History: En. Sec. 93, p. 61, Bannack Stat.; amd. Sec. 122, p. 156, L. 1867; amd. Sec. 12, p. 65, L. 1869; amd. Sec. 7, p. 75, L. 1870; amd. Sec. 138, p. 54, Cod. Stat. 1871; amd. Sec. 20, p. 56, L. 1874; amd. Sec. 180, p. 82, L. 1877; re-en. Sec. 180, 1st Div. Rev. Stat. 1879; amd. Sec. 6, p. 9, L. 1881; re-en. Sec. 182, 1st Div. Comp. Stat. 1887; en. Sec. 892, C. Civ. Proc. 1895; re-en. Sec. 6659, Rev. C. 1907; re-en. Sec. 9259, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 539; re-en. Sec. 9259, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1951; amd. Sec. 1, Ch. 303, L. 1967; amd. Sec. 3, Ch. 299, L. 1977; R.C.M. 1947, 93-4304(2); amd. Sec. 700, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-716. Justification of sureties

27-18-716. Justification of sureties.
When excepted to, the plaintiff's sureties, upon notice to the defendant of not less than 2 days or more than 10 days, must justify before a judge of the district court, and upon failure to justify or if others in their place fail to justify at the time and place appointed, the judge shall issue an order vacating the writ of attachment.
History: En. Sec. 93, p. 61, Bannack Stat.; amd. Sec. 122, p. 156, L. 1867; amd. Sec. 12, p. 65, L. 1869; amd. Sec. 7, p. 75, L. 1870; amd. Sec. 138, p. 54, Cod. Stat. 1871; amd. Sec. 20, p. 56, L. 1874; amd. Sec. 180, p. 82, L. 1877; re-en. Sec. 180, 1st Div. Rev. Stat. 1879; amd. Sec. 6, p. 9, L. 1881; re-en. Sec. 182, 1st Div. Comp. Stat. 1887; en. Sec. 892, C. Civ. Proc. 1895; re-en. Sec. 6659, Rev. C. 1907; re-en. Sec. 9259, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 539; re-en. Sec. 9259, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1951; amd. Sec. 1, Ch. 303, L. 1967; amd. Sec. 3, Ch. 299, L. 1977; R.C.M. 1947, 93-4304(3).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-721. Proceedings to release attachment

27-18-721. Proceedings to release attachment.
Whenever the defendant has appeared in the action, the defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending or to the judge for an order to discharge the attachment, wholly or in part. Upon the execution of the undertaking mentioned in 27-18-722, an order may be made releasing from the operation of the attachment any or all of the property attached. All of the property released and all of the proceeds of the sale of the property must be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.
History: En. Sec. 108, p. 65, Bannack Stat.; re-en. Sec. 136, p. 159, L. 1867; amd. Sec. 154, p. 58, Cod. Stat. 1871; re-en. Sec. 196, p. 88, L. 1877; re-en. Sec. 196, 1st Div. Rev. Stat. 1879; re-en. Sec. 198, 1st Div. Comp. Stat. 1887; amd. Sec. 912, C. Civ. Proc. 1895; re-en. Sec. 6679, Rev. C. 1907; re-en. Sec. 9280, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 554; re-en. Sec. 9280, R.C.M. 1935; R.C.M. 1947, 93-4327; amd. Sec. 701, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-722. Defendant's undertaking -- justification of sureties

27-18-722. Defendant's undertaking -- justification of sureties.
Before making such order, the court or judge must require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the state, to the effect that in case the plaintiff recover judgment in the action, the defendant will, on demand, redeliver the attached property so released to the proper officer to be applied to the payment of the judgment or, in default thereof, that the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The court or judge making the order may fix the sum for which the undertaking shall be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by one or more disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached cannot be released without their justification, if the same be required.
History: En. Sec. 109, p. 65, Bannack Stat.; en. Sec. 137, p. 159, L. 1867; amd. Sec. 2, p. 67, L. 1869; re-en. Sec. 155, p. 58, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 197, p. 88, L. 1877; re-en. Sec. 197, 1st Div. Rev. Stat. 1879; re-en. Sec. 199, 1st Div. Comp. Stat. 1887; amd. Sec. 913, C. Civ. Proc. 1895; re-en. Sec. 6680, Rev. C. 1907; re-en. Sec. 9281, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 555; re-en. Sec. 9281, R.C.M. 1935; R.C.M. 1947, 93-4328.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-725. Motion to vacate or modify writ or increase security

27-18-725. Motion to vacate or modify writ or increase security.
The defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached may, at any time before the actual application of the attached property or the proceeds of the property to the payment of a judgment recovered in the action, apply to vacate or modify the writ of attachment or to increase the security given by the plaintiff or for one or more of those forms of release together or in the alternative.
History: En. Sec. 917, C. Civ. Proc. 1895; re-en. Sec. 6684, Rev. C. 1907; re-en. Sec. 9285, R.C.M. 1921; re-en. Sec. 9285, R.C.M. 1935; R.C.M. 1947, 93-4332; amd. Sec. 702, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-726. Proceedings on motion

27-18-726. Proceedings on motion.
An application specified in 27-18-725 may be founded only upon:
(1) the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or
(2) proof by affidavits on the part of the defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached, in which case it must be made to the court or judge upon notice and may be opposed by new proof, by affidavit or other evidence on the part of the plaintiff, tending to sustain any grounds of attachment.
History: En. Sec. 918, C. Civ. Proc. 1895; re-en. Sec. 6685, Rev. C. 1907; re-en. Sec. 9286, R.C.M. 1921; re-en. Sec. 9286, R.C.M. 1935; R.C.M. 1947, 93-4333; amd. Sec. 703, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-731. Filing of order discharging or releasing attachment of real property

27-18-731. Filing of order discharging or releasing attachment of real property.
Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the office of the county clerk in which the notice of the attachment has been filed and be indexed in like manner.
History: En. Sec. 114, p. 66, Bannack Stat.; re-en. Sec. 141, p. 160, L. 1867; re-en. Sec. 159, p. 59, Cod. Stat. 1871; re-en. Sec. 201, p. 89, L. 1877; re-en. Sec. 201, 1st Div. Rev. Stat. 1879; re-en. Sec. 203, 1st Div. Comp. Stat. 1887; amd. Sec. 919, C. Civ. Proc. 1895; re-en. Sec. 6686, Rev. C. 1907; re-en. Sec. 9287, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 559; re-en. Sec. 9287, R.C.M. 1935; R.C.M. 1947, 93-4334(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 7. Methods of Defending Against Attachment › 27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing

27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing.
If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such real property, issue a release of the attachment and a copy of such release shall be filed with the county clerk where the writ of attachment and notice thereof is filed and the county clerk shall file and index such release as any other releases of attachment.
History: En. Sec. 1, Ch. 97, L. 1965; R.C.M. 1947, 93-4331.1.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 8. Sale of Attached Property › 27-18-801. Sheriff to sell perishable property

27-18-801. Sheriff to sell perishable property.
If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution.
History: En. Sec. 101, p. 63, Bannack Stat.; re-en. Sec. 130, p. 158, L. 1867; re-en. Sec. 148, p. 57, Cod. Stat. 1871; re-en. Sec. 190, p. 86, L. 1877; re-en. Sec. 190, 1st Div. Rev. Stat. 1879; re-en. Sec. 192, 1st Div. Comp. Stat. 1887; re-en. Sec. 903, C. Civ. Proc. 1895; re-en. Sec. 6670, Rev. C. 1907; re-en. Sec. 9270, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 547; re-en. Sec. 9270, R.C.M. 1935; R.C.M. 1947, 93-4317(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 8. Sale of Attached Property › 27-18-802. Authority of court to order sale of property

27-18-802. Authority of court to order sale of property.
Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution and the proceeds to be deposited in the court to abide the judgment in the action.
History: En. Sec. 437, p. 132, Bannack Stat.; re-en. Sec. 594, p. 157, Cod. Stat. 1871; re-en. Sec. 524, p. 177, L. 1877; re-en. Sec. 524, 1st Div. Rev. Stat. 1879; re-en. Sec. 541, 1st Div. Comp. Stat. 1887; amd. Sec. 904, C. Civ. Proc. 1895; re-en. Sec. 6671, Rev. C. 1907; re-en. Sec. 9271, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 548; re-en. Sec. 9271, R.C.M. 1935; R.C.M. 1947, 93-4318.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 8. Sale of Attached Property › 27-18-803. Notice of application for order to sell

27-18-803. Notice of application for order to sell.
Application for the order must be upon notice to the adverse party or the party's attorney that the court or judge, considering the nature and condition of the property, may direct. If it appears to the court or judge that the delay necessary to give notice would cause a material depreciation in the value of property, the order may be made without notice.
History: En. Sec. 905, C. Civ. Proc. 1895; re-en. Sec. 6672, Rev. C. 1907; re-en. Sec. 9272, R.C.M. 1921; re-en. Sec. 9272, R.C.M. 1935; R.C.M. 1947, 93-4319; amd. Sec. 704, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 8. Sale of Attached Property › 27-18-804. Sale of property subject to a security interest -- disposition of proceeds, security agreement

27-18-804. Sale of property subject to a security interest -- disposition of proceeds, security agreement.
(1) When the property taken under 27-18-413 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:
(a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and
(b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.
(2) In the event the property is sold under attachment, such attaching creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.
History: En. Sec. 1, Ch. 111, L. 1921; re-en. Sec. 9291, R.C.M. 1921; re-en. Sec. 9291, R.C.M. 1935; amd. Sec. 11-162, Ch. 264, L. 1963; R.C.M. 1947, 93-4338(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-901. Judgment when debt not yet due

27-18-901. Judgment when debt not yet due.
(1) On the trial of any cause brought under the provisions of 27-18-203, judgment may be rendered on any such debt not due upon satisfactory proof to the court of the facts alleged in the affidavit for attachment, as provided in that section. Any such judgment shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt shall have become due.
(2) The defendant may, by plea, put in issue the matter alleged in the affidavit required in 27-18-203, and if the plaintiff fails to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate.
History: En. Sec. 1, p. 141, L. 1899; re-en. Sec. 6658, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1911; re-en. Sec. 9258, R.C.M. 1921; re-en. Sec. 9258, R.C.M. 1935; R.C.M. 1947, 93-4303(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-902. Procedure when defendant recovers judgment

27-18-902. Procedure when defendant recovers judgment.
If the defendant recovers judgment against the plaintiff, any undertaking received in the action, all of the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff's hands must be delivered to the defendant or the defendant's agent. The order of attachment must be discharged and the property released from attachment.
History: En. Sec. 106, p. 64, Bannack Stat.; re-en. Sec. 135, p. 159, L. 1867; re-en. Sec. 153, p. 58, Cod. Stat. 1871; re-en. Sec. 195, p. 88, L. 1877; re-en. Sec. 195, 1st Div. Rev. Stat. 1879; re-en. Sec. 197, 1st Div. Comp. Stat. 1887; re-en. Sec. 911, C. Civ. Proc. 1895; re-en. Sec. 6678, Rev. C. 1907; re-en. Sec. 9279, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 553; re-en. Sec. 9279, R.C.M. 1935; R.C.M. 1947, 93-4326; amd. Sec. 705, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-903. Judgment for plaintiff -- disposition of attached property and proceeds of sales

27-18-903. Judgment for plaintiff -- disposition of attached property and proceeds of sales.
If judgment is recovered by the plaintiff, the sheriff shall satisfy the judgment out of the property attached by the sheriff that has not been delivered to the defendant or claimant, as provided in this part, or subjected to execution on another judgment recovered prior to the issuing of the attachment, if it is sufficient for that purpose:
(1) by paying to the plaintiff the proceeds of all sales of perishable property or property ordered by the court or judge to be sold by the sheriff, or of any debts or credits collected by the sheriff, or as much of the proceeds, debts, or credits that is necessary to satisfy the judgment;
(2) if any balance remains due and an execution has been issued on the judgment, by selling under the execution as much of the property, real or personal, that may be necessary to satisfy the balance, if the sheriff retains enough property for that purpose. Notices of the sales must be given and the sales must be conducted as in other cases of sales on execution.
History: En. Sec. 103, p. 64, Bannack Stat.; re-en. Sec. 132, p. 159, L. 1867; re-en. Sec. 150, p. 58, Cod. Stat. 1871; re-en. Sec. 192, p. 87, L. 1877; re-en. Sec. 192, 1st Div. Rev. Stat. 1879; re-en. Sec. 194, 1st Div. Comp. Stat. 1887; re-en. Sec. 908, C. Civ. Proc. 1895; re-en. Sec. 6675, Rev. C. 1907; re-en. Sec. 9276, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 550; re-en. Sec. 9276, R.C.M. 1935; R.C.M. 1947, 93-4323; amd. Sec. 706, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-904. Delivery of excess property and proceeds to defendant

27-18-904. Delivery of excess property and proceeds to defendant.
Whenever the judgment has been paid, the sheriff, upon reasonable demand, shall deliver to the defendant the attached property remaining in the sheriff's possession and any proceeds of property attached that are not applied on the judgment.
History: En. Sec. 104, p. 64, Bannack Stat.; re-en. Sec. 133, p. 159, L. 1867; re-en. Sec. 151, p. 58, Cod. Stat. 1871; re-en. Sec. 193, p. 87, L. 1877; re-en. Sec. 193, 1st Div. Rev. Stat. 1879; re-en. Sec. 195, 1st Div. Comp. Stat. 1887; re-en. Sec. 909, C. Civ. Proc. 1895; re-en. Sec. 6676, Rev. C. 1907; re-en. Sec. 9277, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 551; re-en. Sec. 9277, R.C.M. 1935; R.C.M. 1947, 93-4324(part); amd. Sec. 707, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-905. Execution of balance due on judgment

27-18-905. Execution of balance due on judgment.
If, after selling all property attached by the sheriff remaining in the sheriff's possession and applying the proceeds, together with the proceeds of any debt or credit collected by the sheriff, deducting the sheriff's fee, to the payment of the judgment, any balance must remain due, and the sheriff shall proceed to collect the balance in the same manner as upon an execution in other cases.
History: En. Sec. 104, p. 64, Bannack Stat.; re-en. Sec. 133, p. 159, L. 1867; re-en. Sec. 151, p. 58, Cod. Stat. 1871; re-en. Sec. 193, p. 87, L. 1877; re-en. Sec. 193, 1st Div. Rev. Stat. 1879; re-en. Sec. 195, 1st Div. Comp. Stat. 1887; re-en. Sec. 909, C. Civ. Proc. 1895; re-en. Sec. 6676, Rev. C. 1907; re-en. Sec. 9277, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 551; re-en. Sec. 9277, R.C.M. 1935; R.C.M. 1947, 93-4324(part); amd. Sec. 708, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 9. Judgment and Subsequent Procedure › 27-18-906. Procedure when execution returned unsatisfied

27-18-906. Procedure when execution returned unsatisfied.
If the execution is returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to 27-18-301 or 27-18-722 or the plaintiff may proceed, as in other cases, upon the return of an execution.
History: En. Sec. 105, p. 64, Bannack Stat.; re-en. Sec. 134, p. 159, L. 1867; re-en. Sec. 152, p. 58, Cod. Stat. 1871; re-en. Sec. 194, p. 88, L. 1877; re-en. Sec. 194, 1st Div. Rev. Stat. 1879; re-en. Sec. 196, 1st Div. Comp. Stat. 1887; re-en. Sec. 910, C. Civ. Proc. 1895; re-en. Sec. 6677, Rev. C. 1907; re-en. Sec. 9278, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 552; re-en. Sec. 9278, R.C.M. 1935; R.C.M. 1947, 93-4325; amd. Sec. 709, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1501. Justice's authority to issue writ

27-18-1501. Justice's authority to issue writ.
A writ to attach the property of the defendant may be issued by the justice at the time of or after issuing summons and before answer, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in 27-18-202.
History: En. Sec. 568, p. 155, Bannack Stat.; re-en. Sec. 674, p. 172, Cod. Stat. 1871; re-en. Sec. 734, 1st Div. Rev. Stat. 1879; re-en. Sec. 754, 1st Div. Comp. Stat. 1887; amd. Sec. 1560, C. Civ. Proc. 1895; re-en. Sec. 7026, Rev. C. 1907; re-en. Sec. 9659, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 866; re-en. Sec. 9659, R.C.M. 1935; amd. Sec. 6, Ch. 299, L. 1977; R.C.M. 1947, 93-6908.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1502. Plaintiff's undertaking

27-18-1502. Plaintiff's undertaking.
Before issuing the writ, the justice shall require a written undertaking in due form on the part of the plaintiff, except a local government, with two or more sureties, in a sum of not less than $50 or more than $300, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.
History: En. Sec. 569, p. 155, Bannack Stat.; re-en. Sec. 675, p. 172, Cod. Stat. 1871; re-en. Sec. 735, 1st Div. Rev. Stat. 1879; re-en. Sec. 755, 1st Div. Comp. Stat. 1887; amd. Sec. 1561, C. Civ. Proc. 1895; re-en. Sec. 7027, Rev. C. 1907; amd. Sec. 1, Ch. 86, L. 1911; re-en. Sec. 9660, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 867; re-en. Sec. 9660, R.C.M. 1935; R.C.M. 1947, 93-6909(part); amd. Sec. 710, Ch. 56, L. 2009; amd. Sec. 5, Ch. 346, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1503. Exception to sureties -- justification

27-18-1503. Exception to sureties -- justification.
Within 2 days after or at any time before the service of the writ of attachment upon the defendant, the defendant may take exception to the sufficiency of the sureties, and if the defendant fails to do so, the defendant is considered to have waived all objections to the sureties. When an exception is taken, the sureties shall, within 3 days after notice by the defendant of not less than 1 day, justify before the justice, and upon failure to justify or if others in their place fail to justify at the time and place appointed, the justice shall make an order vacating the writ of attachment.
History: En. Sec. 569, p. 155, Bannack Stat.; re-en. Sec. 675, p. 172, Cod. Stat. 1871; re-en. Sec. 735, 1st Div. Rev. Stat. 1879; re-en. Sec. 755, 1st Div. Comp. Stat. 1887; amd. Sec. 1561, C. Civ. Proc. 1895; re-en. Sec. 7027, Rev. C. 1907; amd. Sec. 1, Ch. 86, L. 1911; re-en. Sec. 9660, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 867; re-en. Sec. 9660, R.C.M. 1935; R.C.M. 1947, 93-6909(part); amd. Sec. 711, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1504. Form and content of writ -- defendant's undertaking to prevent levy

27-18-1504. Form and content of writ -- defendant's undertaking to prevent levy.
(1) The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require the sheriff or constable to:
(a) attach and safely keep all the property of the defendant in the county, not exempt from attachment, or as much of the property as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or
(b) if the defendant gives security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand, besides costs, take the undertaking.
(2) The undertaking must be to the plaintiff and must be approved in writing on the back of the undertaking by the plaintiff or the plaintiff's attorney or, upon their refusal, by the justice issuing the writ.
History: En. Sec. 570, p. 155, Bannack Stat.; re-en. Sec. 676, p. 172, Cod. Stat. 1871; re-en. Sec. 736, 1st Div. Rev. Stat. 1879; re-en. Sec. 756, 1st Div. Comp. Stat. 1887; re-en. Sec. 1562, C. Civ. Proc. 1895; amd. Sec. 2, p. 141, L. 1899; re-en. Sec. 7028, Rev. C. 1907; re-en. Sec. 9661, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 868; re-en. Sec. 9661, R.C.M. 1935; R.C.M. 1947, 93-6910; amd. Sec. 44, Ch. 12, L. 1979; amd. Sec. 712, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1505. Security for sheriff's costs

27-18-1505. Security for sheriff's costs.
If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of attachment shall provide a bond or other security to pay for all costs which may be incurred as a result of the service of such writ.
History: En. Sec. 4393, Pol. C. 1895; re-en. Sec. 3022, Rev. C. 1907; re-en. Sec. 4786, R.C.M. 1921; Cal. Pol. C. Sec. 4185; re-en. Sec. 4786, R.C.M. 1935; amd. Sec. 1, Ch. 426, L. 1977; R.C.M. 1947, 16-2714(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 18. Prejudgment Attachment › Part 15. Attachment in Justice's Court › 27-18-1506. Applicability of procedure in district court

27-18-1506. Applicability of procedure in district court.
Part 1; 27-18-207, 27-18-303 through 27-18-308; parts 4, 5, and 6; 27-18-711 through 27-18-713, 27-18-721 through 27-18-732; and parts 8 and 9, except 27-18-901, are applicable to attachments issued in justices' courts, the word "constable" being substituted for the word "sheriff" whenever the writ is directed to a constable, and the word "justice" substituted for "judge".
History: En. Sec. 571, p. 155, Bannack Stat.; re-en. Sec. 677, p. 172, Cod. Stat. 1871; re-en. Sec. 737, 1st Div. Rev. Stat. 1879; re-en. Sec. 757, 1st Div. Comp. Stat. 1887; re-en. Sec. 1563, C. Civ. Proc. 1895; re-en. Sec. 7029, Rev. C. 1907; re-en. Sec. 9662, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 869; re-en. Sec. 9662, R.C.M. 1935; R.C.M. 1947, 93-6911; amd. Sec. 45, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 1. General Provisions › 27-19-101. Definition of injunction -- by whom granted

27-19-101. Definition of injunction -- by whom granted.
An injunction is an order requiring a person to refrain from a particular act. The order may be granted by the court in which the action is brought or by a judge thereof and, when made by a judge, be enforced as the order of the court.
History: En. Sec. 82, p. 58, Bannack Stat.; amd. Sec. 111, p. 154, L. 1867; re-en. Sec. 128, p. 52, Cod. Stat. 1871; re-en. Sec. 170, p. 79, L. 1877; re-en. Sec. 170, 1st Div. Rev. Stat. 1879; re-en. Sec. 172, 1st Div. Comp. Stat. 1887; amd. Sec. 870, C. Civ. Proc. 1895; re-en. Sec. 6642, Rev. C. 1907; re-en. Sec. 9240, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 525; re-en. Sec. 9240, R.C.M. 1935; R.C.M. 1947, 93-4201.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 1. General Provisions › 27-19-102. When final injunction may be granted to prevent breach of obligation

27-19-102. When final injunction may be granted to prevent breach of obligation.
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 applicant where:
(1) pecuniary compensation would not afford adequate relief;
(2) it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;
(3) the restraint is necessary to prevent a multiplicity of judicial proceedings; or
(4) the obligation arises from a trust.
History: En. Sec. 4462, Civ. C. 1895; re-en. Sec. 6120, Rev. C. 1907; re-en. Sec. 9241, R.C.M. 1921; Cal. Civ. C. Sec. 3422; Field Civ. C. Sec. 1911; re-en. Sec. 9241, R.C.M. 1935; R.C.M. 1947, 93-4202.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 1. General Provisions › 27-19-103. When injunction may not be granted

27-19-103. When injunction may not be granted.
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 States;
(3) to stay proceedings in another state upon a judgment of a court of that state;
(4) to prevent the execution of a public statute by officers of the law for the public benefit;
(5) to prevent the breach of a contract the performance of which would not be specifically enforced;
(6) to prevent the exercise of a public or private office, in a lawful manner, by the person in possession;
(7) to prevent a legislative act by a municipal corporation;
(8) in labor disputes under any other or different circumstances or conditions than if the controversy were of another or different character or between parties neither or none of whom were laborers or interested in labor questions; or
(9) to prevent the secretary of state from issuing a temporary or final administrative rule before the administrative rule is issued.
History: En. Sec. 4463, Civ. C. 1895; re-en. Sec. 6121, Rev. C. 1907; amd. Sec. 1, Ch. 28, L. 1913; re-en. Sec. 9242, R.C.M. 1921; Cal. Civ. C. Sec. 3423; Based on Field Civ. C. Sec. 1912; re-en. Sec. 9242, R.C.M. 1935; R.C.M. 1947, 93-4203; amd. Sec. 1, Ch. 79, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 1. General Provisions › 27-19-104. Contents of complaint -- action for injunction by an association

27-19-104. Contents of complaint -- action for injunction by an association.
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 injury to the public generally, the names and addresses of injured members and a statement of the injury shall be provided in the complaint. An injunction may not be granted unless such information is provided in the complaint.
History: En. 93-4204.1 by Sec. 1, Ch. 170, L. 1977; R.C.M. 1947, 93-4204.1.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 1. General Provisions › 27-19-105. Form and scope of injunction or restraining order

27-19-105. Form and scope of injunction or restraining order.
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) be binding only upon the parties to the action; their officers, agents, employees, and attorneys; and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
History: En. Sec. 6, Ch. 399, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 2. Availability of Preliminary Injunction › 27-19-201. When preliminary injunction may be granted -- when injunction order may be granted -- legislative intent

27-19-201. When preliminary injunction may be granted -- when injunction order may be granted -- legislative intent.
(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 of equities tips in the applicant's favor; and
(d) the order is in the public interest.
(2) An injunction order may be granted in either of the following cases between persons, not including a person being sued in that person's official capacity:
(a) when it appears that the adverse party, while the action is pending, threatens or is about to remove or to dispose of the adverse party's property with intent to defraud the applicant, in which case an injunction order may be granted to restrain the removal or disposition; or
(b) 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.
(3) The applicant for an injunction provided for in this section bears the burden of demonstrating the need for an injunction order.
(4) It is the intent of the legislature that the language in subsection (1) mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United States supreme court case law.
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; amd. Sec. 1, Ch. 43, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 2. Availability of Preliminary Injunction › 27-19-202. Preliminary injunction pending action for restraint of trade

27-19-202. Preliminary injunction pending action for restraint of trade.
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 action is pending is authorized to issue an injunction to restrain any such person from doing business in this state pending the final determination of said action so instituted.
History: En. Sec. 1, Ch. 93, L. 1905; re-en. Sec. 6654, Rev. C. 1907; re-en. Sec. 9254, R.C.M. 1921; re-en. Sec. 9254, R.C.M. 1935; amd. Sec. 56, Ch. 100, L. 1973; amd. Sec. 3, Ch. 138, L. 1975; R.C.M. 1947, 93-4215(1).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 2. Availability of Preliminary Injunction › 27-19-203. Preliminary injunction pending action by public service commission

27-19-203. Preliminary injunction pending action by public service commission.
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 court may, upon the application of the consumer counsel or the interested person or the interested person's legal representative, enter a restraining order against any person respondent in the adjudicatory proceeding or investigation. The restraining order may prohibit the respondent and the respondent's agents, employees, licensees, and assignees from acting in the manner complained of in the proceeding before the commission until the commission has rendered its decision in the matter. The restraining order may include an order to show cause why the order should not become an injunction for the duration of the proceeding before the commission.
History: En. Sec. 1, Ch. 93, L. 1905; re-en. Sec. 6654, Rev. C. 1907; re-en. Sec. 9254, R.C.M. 1921; re-en. Sec. 9254, R.C.M. 1935; amd. Sec. 56, Ch. 100, L. 1973; amd. Sec. 3, Ch. 138, L. 1975; R.C.M. 1947, 93-4215(2); amd. Sec. 713, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 2. Availability of Preliminary Injunction › 27-19-204. Issuance without bond

27-19-204. Issuance without bond.
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 action described in 27-19-202 has been instituted and is pending.
History: En. Sec. 2, Ch. 93, L. 1905; re-en. Sec. 6655, Rev. C. 1907; re-en. Sec. 9255, R.C.M. 1921; re-en. Sec. 9255, R.C.M. 1935; amd. Sec. 57, Ch. 100, L. 1973; R.C.M. 1947, 93-4216; amd. Sec. 46, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 3. Procedure for Obtaining Preliminary Injunction › 27-19-301. Notice of application -- hearing

27-19-301. Notice of application -- hearing.
(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, at a specified time and place, why the injunction should be granted, and the adverse party may in the meantime be restrained as provided in 27-19-314.
History: (1)En. Sec. 85, p. 59, Bannack Stat.; re-en. Sec. 114, p. 154, L. 1867; re-en. Sec. 131, p. 52, Cod. Stat. 1871; re-en. Sec. 173, p. 79, L. 1877; re-en. Sec. 173, 1st Div. Rev. Stat. 1879; re-en. Sec. 175, 1st Div. Comp. Stat. 1887; en. Sec. 873, C. Civ. Proc. 1895; re-en. Sec. 6645, Rev. C. 1907; re-en. Sec. 9245, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 528; re-en. Sec. 9245, R.C.M. 1935; R.C.M. 1947, 93-4206(part); (2)En. Sec. 3, Ch. 399, L. 1979; amd. Sec. 2, Ch. 399, L. 1979; amd. Sec. 2, Ch. 43, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 19. Injunctions › Part 3. Procedure for Obtaining Preliminary Injunction › 27-19-302. Repealed

27-19-302. Repealed.
Sec. 18, Ch. 399, L. 1979.
History: En. Sec. 88, p. 59, Bannack Stat.; amd. Sec. 117, p. 155, L. 1867; re-en. Sec. 134, p. 53, Cod. Stat. 1871; re-en. Sec. 176, p. 81, L. 1877; re-en. Sec. 176, 1st Div. Rev. Stat. 1879; re-en. Sec. 178, 1st Div. Comp. Stat. 1887; amd. Sec. 881, C. Civ. Proc. 1895; re-en. Sec. 6653, Rev. C. 1907; re-en. Sec. 9253, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 531; re-en. Sec. 9253, R.C.M. 1935; R.C.M. 1947, 93-4214.