27-19-301. Notice of application — hearing. (1) No preliminary injunction may be issued without reasonable notice to the adverse party of the time and place of the making of the application therefor. (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, […]
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 Repealed.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, […]
27-19-303. Time of granting injunction, evidence required. (1) The injunction order may be granted after the hearing at any time before judgment. (2) Upon the hearing each party may present affidavits or oral testimony. An injunction order may not be granted on affidavits unless: (a) they are duly verified; and (b) the material allegations of the affidavits setting forth […]
27-19-304. Repealed. Sec. 18, Ch. 399, L. 1979. History: En. Sec. 84, p. 58, Bannack Stat.; re-en. Sec. 113, p. 154, L. 1867; re-en. Sec. 130, p. 52, Cod. Stat. 1871; re-en. Sec. 172, p. 79, L. 1877; re-en. Sec. 172, 1st Div. Rev. Stat. 1879; re-en. Sec. 174, 1st Div. Comp. Stat. 1887; amd. Sec. 872, […]
27-19-305. Renumbered 27-19-314. Code Commissioner, 1979.
27-19-306. Security for damages. (1) Subject to 25-1-402, on granting an injunction or restraining order, the judge shall require a written undertaking to be given by the applicant for the payment of the costs and damages that may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. Except […]
27-19-307. New undertaking for security following hearing. On a hearing to show cause, the judge may require a new undertaking, in the same or a different sum, to be given by the party who obtained the order, with similar sureties and to the same effect as upon granting of the original order. The persons executing the […]
27-19-308 through 27-19-310 reserved.
27-19-311. Repealed. Sec. 18, Ch. 399, L. 1979. History: En. Sec. 87, p. 59, Bannack Stat.; re-en. Sec. 116, p. 155, L. 1867; re-en. Sec. 133, p. 52, Cod. Stat. 1871; re-en. Sec. 175, p. 81, L. 1877; re-en. Sec. 175, 1st Div. Rev. Stat. 1879; re-en. Sec. 177, 1st Div. Comp. Stat. 1887; amd. Sec. 875, […]
27-19-312. Renumbered 27-19-303(3). Code Commissioner, 1979.
27-19-313. Renumbered 27-19-307. Code Commissioner, 1979.
27-19-314. Temporary restraining order. Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court or judge may enjoin the adverse party, until the hearing and decision of the application, by an order which is called a temporary restraining order. History: En. Sec. 85, p. […]
27-19-315. When restraining order may be granted without notice. A temporary restraining order may be granted without written or oral notice to the adverse party or the party’s attorney only if: (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that a delay would cause immediate and irreparable injury to the […]
27-19-316. Contents and filing of restraining order granted without notice. Each temporary restraining order granted without notice must: (1) be endorsed with the date and hour of its issuance; (2) be filed immediately in the clerk’s office and entered in the record; (3) define the injury and state why the injury is irreparable and why the order was granted […]
27-19-317. Extension of expiration date. The time fixed in the order for its expiration may be extended, for good cause shown, for a like period or, if the party against whom the order is directed consents, for a longer period. The reasons for the extension must be entered in the record. History: En. Sec. 10, Ch. 399, […]
27-19-318. Application for injunction to be heard without delay. Whenever a temporary restraining order is granted without notice, the application for an injunction must be set for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. At the hearing the party who obtained the temporary restraining […]
27-19-319. Motion to dissolve or modify restraining order. On 2 days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice as the court or judge may prescribe, the adverse party may appear and move that the order be dissolved or modified. The court shall hear and determine such […]
