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Montana Title 27. Civil Liability, Remedies, and Limitations § 27-19-315. When restraining order may be granted without notice

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) Except as provided in subsection (2), a temporary restraining order may be granted without written or oral notice to the adverse party or the party's attorney only if:

(a) the applicant or the applicant's attorney makes a showing that the requirements of 27-19-201(1) are met; and

(b) the applicant or the applicant's attorney certifies to the court in writing the efforts, if any, that have been made to give notice and the reasons supporting the applicant's claim that notice should not be required.

(2) If the state, the state's departments, agencies, or political subdivisions, or officers of the state or a political subdivision acting in their official capacities are the adverse party, a temporary restraining order may not be granted unless:

(a) notice could not be provided through no fault of the moving party; or

(b) the suit is brought pursuant to Title 40.

(3) As used in this section, “political subdivision” has the meaning provided in 2-9-101.

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Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-19-315. When restraining order may be granted without notice - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-19-315/

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