Select your state

Civil procedure

injunctions

An injunction is a court order requiring the parties to whom it is addressed (the enjoined parties) not to engage in certain activity (a prohibitory injunction) or to engage in certain activity (an affirmative injunction), and is usually designed to maintain the current state of things (the status quo).

In Montana, an injunction is a legal remedy issued by a court that commands or prohibits specific actions by the parties involved in a legal dispute. A prohibitory injunction prevents the enjoined parties from performing certain activities that could cause harm or prejudice to the other party's rights. Conversely, an affirmative injunction requires parties to take specific actions. Injunctions are often sought to maintain the status quo, preventing any change that could result in irreparable harm before the court has a chance to fully consider the case. The process for obtaining an injunction in Montana typically involves the party seeking the injunction to file a motion, often accompanied by a sworn affidavit detailing the need for immediate relief. The court then evaluates the request, considering factors such as the likelihood of success on the merits of the case, the potential for irreparable harm without the injunction, and the balance of equities between the parties. If the court grants a temporary injunction, it may later be followed by a hearing for a permanent injunction, which requires a more thorough examination of the case.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

injunctions

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Civil procedure

injunctions

Articles