HB409

Revise injunction laws

Complete·3/25/25

Montana HB409 revises injunction laws to align with federal standards and prohibits certain tests in preliminary injunction applications.

Montana HB409 amends state law to revise the criteria for granting preliminary injunctions and temporary restraining orders, aligning them with federal standards. The bill specifies that such injunctions may be granted when the applicant is likely to succeed on the merits, likely to suffer irreparable harm, the balance of equities tips in the applicant's favor, and the order is in the public interest. It also prohibits courts from using the serious questions test or any other sliding scale test when considering an application for a preliminary injunction or a temporary restraining order.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Sponsors

0
1
R
Democratic CaucusRepublican Caucus

Roll Call Votes

58 Yea

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39 Nay

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3 Absent

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Calendar

Feb 27, 2025

7:00 AM

Senate Judiciary Hearing

Feb 12, 2025

8:00 AM

House Judiciary Hearing

History

Mar 25, 2025

House

(H) Signed by Governor

Mar 25, 2025

House

Chapter Number Assigned

Mar 24, 2025

House

(H) Returned from Enrolling