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MT HB409

Bill

Status

Passed

3/25/2025

Primary Sponsor

Steve Fitzpatrick

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Prohibits Montana courts from using the "serious questions test," sliding scale tests, flexible interplay, or other federal circuit court modifications when evaluating preliminary injunctions and temporary restraining orders

  • Requires courts to examine each of the four preliminary injunction criteria independently: likelihood of success on the merits, irreparable harm, balance of equities, and public interest

  • Mandates that Montana courts follow U.S. Supreme Court precedent rather than 9th Circuit Court of Appeals decisions when applying the preliminary injunction standard

  • Responds to the Montana Supreme Court's decision in Stensvad v. Newmay Ayers Ranch, Inc., which adopted the serious questions test contrary to legislative intent expressed in 2023 amendments

  • Effective immediately upon passage and approval

Legislative Description

Revise injunction laws

Judges and Justices

Last Action

Chapter Number Assigned

3/25/2025

Committee Referrals

Judiciary2/21/2025
Judiciary2/7/2025

Full Bill Text

No bill text available