Montana Code Annotated

Mont. Code Ann. § 27-19-201 (2026)

When Preliminary Injunction May Be Granted -- When Injunction Order May Be Granted -- Legislative Intent

✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 19. INJUNCTIONS

Part 2. Availability of Preliminary Injunction

When Preliminary Injunction May Be Granted -- When Injunction Order May Be Granted -- Legislative Intent

27-19-201. When preliminary injunction may be granted -- when injunction order may be granted -- legislative intent. (1) A preliminary injunction order or temporary restraining order may be granted when the applicant establishes that:

(a) the applicant is likely to succeed on the merits;

(b) the applicant is likely to suffer irreparable harm in the absence of preliminary relief;

(c) the balance of equities tips in the applicant's favor; and

(d) the order is in the public interest.

(2) An injunction order may be granted in either of the following cases between persons, not including a person being sued in that person's official capacity:

(a) when it appears that the adverse party, while the action is pending, threatens or is about to remove or to dispose of the adverse party's property with intent to defraud the applicant, in which case an injunction order may be granted to restrain the removal or disposition; or

(b) when it appears that the applicant has applied for an order under the provisions of 40-4-121 or an order of protection under Title 40, chapter 15.

(3) The applicant for an injunction provided for in this section bears the burden of demonstrating the need for an injunction order.

(4) (a) It is the intent of the legislature that the language in subsection (1) mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United States supreme court case law.

(b) When conducting the preliminary injunction analysis, the court shall examine the four criteria in subsection (1) independently. The court may not use a sliding scale test, the serious questions test, flexible interplay, or another federal circuit modification to the criteria.

History: En. Sec. 83, p. 58, Bannack Stat.; re-en. Sec. 112, p. 154, L. 1867; re-en. Sec. 129, p. 52, Cod. Stat. 1871; re-en. Sec. 171, p. 79, L. 1877; re-en. Sec. 171, 1st Div. Rev. Stat. 1879; re-en. Sec. 173, 1st Div. Comp. Stat. 1887; amd. Sec. 871, C. Civ. Proc. 1895; re-en. Sec. 6643, Rev. C. 1907; re-en. Sec. 9243, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 526; re-en. Sec. 9243, R.C.M. 1935; R.C.M. 1947, 93-4204; amd. Sec. 1, Ch. 399, L. 1979; amd. Sec. 2, Ch. 180, L. 1981; amd. Sec. 1, Ch. 526, L. 1985; amd. Sec. 3, Ch. 350, L. 1995; amd. Sec. 1, Ch. 43, L. 2023; amd. Sec. 1, Ch. 20, L. 2025.

Notes of Decisions
Cited in 89 cases (30 in the last 5 years), 1981–2026 · leading case: City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008).
City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008). · cites it 54× “The County further opines that the District Court was correct in its determination that § 27-19-103(4) and (5), MCA, precluded an injunction under these circumstances, and that § 27-19-201, MCA, did not justify an injunction given that the City failed to establish that it would…”
Cole v. St. James Healthcare, 2008 MT 453 (Mont. 2008). · cites it 52× “James? ¶11 Section 27-19-201, MCA, provides (in relevant part) that a district court may issue a preliminary injunction under the following circumstances: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists…”
Planned Parenthood v. State, 2022 MT 157 (Mont. 2022). · cites it 34× “4 DISCUSSION ¶6 A court may grant an injunction order on any one of five enumerated grounds, including as pertinent here: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the commission or…”
Doe v. Cmty. Med. Ctr., Inc., 2009 MT 395 (Mont. 2009). · cites it 51× “¶21 CMC does not argue that the District Court did not properly analyze and apply § 27-19-201, MCA, to the case at bar. Rather, it argues that under § 27-19-103(4), MCA, an injunction cannot be granted “to prevent the execution of a public statute by officers of the law for the…”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). · cites it 30× “Section 27-19-201, MCA, governs when a preliminary injunction may be granted: An injunction order may be granted in the following cases: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the…”
Bam Ventures, LLC v. Schifferman, 437 P.3d 142 (Mont. 2019). · cites it 27× “Accordingly, we will not overturn the district court's decision absent a manifest abuse of discretion.”
Davis v. Westphal, 2017 MT 276 (Mont. 2017). · cites it 11× “¶24 District courts have broad discretion to grant preliminary injunctive relief on any of the five grounds enumerated in § 27-19-201, MCA. Sandrock v. DeTienne, 2010 MT 237, ¶ 16 , 358 Mont.”
Sweet Grass Farms, Ltd. v. Bd. of Cnty. Commissioners, 2000 MT 147 (Mont. 2000). · cites it 30× “Whether the District Court erred by combining the standing requirement for an appeal under § 76-3-625, MCA, with the irrepara *68 ble injury requirement under the preliminary injunction statute, § 27-19-201, MCA? BACKGROUND ¶6 In January 1995 Norman K.”
City of Billings v. Cnty. Water Dist., 935 P.2d 246 (Mont. 1997). · cites it 42× “See § 27-19-201, MCA. The Court, having correctly cited the applicable standard of review, never returns to it or discusses how the District Court abused its discretion in denying the Water District's application for a preliminary injunction.”
Weems v. State by & through Fox, 440 P.3d 4 (Mont. 2019). · cites it 12× “The court's injunction prevents no harm, the State suggests, because there are no patients who could have abortion services provided by Weems or Doe irrespective of the statute.”
Caldwell v. Sabo, 2013 MT 240 (Mont. 2013). · cites it 19× “Did the District Court err in granting a preliminary injunction pursuant to §27-19-201, MCA? ¶4 2. Did the District Court err in waiving a written undertaking pursuant to §27-19-306, MCA? ¶5 We will not address the Sabo’s second issue because we have determined that the District…”
Planned Parenthood v. State, 2024 MT 227 (Mont. 2024). · cites it 19× “Section 27-19-201(1), MCA. The Providers sought a preliminary injunction to enjoin HB 575 and HB 721 after the amendments to the preliminary injunction statute took effect and the preliminary injunction hearing in this case took place on May 23, 2023.”
— Mont. Code Ann. § 27-19-201(1) — 45 cases
Cole v. St. James Healthcare, 2008 MT 453 (Mont. 2008). “James? ¶11 Section 27-19-201, MCA, provides (in relevant part) that a district court may issue a preliminary injunction under the following circumstances: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists…”
City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008). “The County further opines that the District Court was correct in its determination that § 27-19-103(4) and (5), MCA, precluded an injunction under these circumstances, and that § 27-19-201, MCA, did not justify an injunction given that the City failed to establish that it would…”
Planned Parenthood v. State, 2022 MT 157 (Mont. 2022). “4 DISCUSSION ¶6 A court may grant an injunction order on any one of five enumerated grounds, including as pertinent here: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the commission or…”
Doe v. Cmty. Med. Ctr., Inc., 2009 MT 395 (Mont. 2009). “¶21 CMC does not argue that the District Court did not properly analyze and apply § 27-19-201, MCA, to the case at bar. Rather, it argues that under § 27-19-103(4), MCA, an injunction cannot be granted “to prevent the execution of a public statute by officers of the law for the…”
Planned Parenthood v. State, 2024 MT 227 (Mont. 2024). “Section 27-19-201(1), MCA. The Providers sought a preliminary injunction to enjoin HB 575 and HB 721 after the amendments to the preliminary injunction statute took effect and the preliminary injunction hearing in this case took place on May 23, 2023.”
— Mont. Code Ann. § 27-19-201(1)(a) — 5 cases
Planned Parenthood v. State, 2024 MT 227 (Mont. 2024). “Section 27-19-201(1), MCA. The Providers sought a preliminary injunction to enjoin HB 575 and HB 721 after the amendments to the preliminary injunction statute took effect and the preliminary injunction hearing in this case took place on May 23, 2023.”
Planned Parenthood v. State, 2024 MT 228 (Mont. 2024).
Stephenson v. Lone Peak, 2025 MT 148 (Mont. 2025).
Kalarchik v. State, 2026 MT 76 (Mont. 2026).
Blodharn v. State (Mont. 2024).
— Mont. Code Ann. § 27-19-201(1)(b) — 2 cases
Cross v. State, 2024 MT 303 (Mont. 2024).
All Families v. State, 2025 MT 64 (Mont. 2026).
— Mont. Code Ann. § 27-19-201(1)(c) — 8 cases
Planned Parenthood v. State, 2024 MT 227 (Mont. 2024). “Section 27-19-201(1), MCA. The Providers sought a preliminary injunction to enjoin HB 575 and HB 721 after the amendments to the preliminary injunction statute took effect and the preliminary injunction hearing in this case took place on May 23, 2023.”
Planned Parenthood v. State, 2024 MT 228 (Mont. 2024).
Cross v. State, 2024 MT 303 (Mont. 2024).
Stephenson v. Lone Peak, 2025 MT 148 (Mont. 2025).
Mercer v. DPHHS, 2025 MT 9 (Mont. 2025).
— Mont. Code Ann. § 27-19-201(1)(d) — 4 cases
Cross v. State, 2024 MT 303 (Mont. 2024).
Stephenson v. Lone Peak, 2025 MT 148 (Mont. 2025).
All Families v. State, 2025 MT 64 (Mont. 2026).
Kalarchik v. State, 2026 MT 76 (Mont. 2026).
— Mont. Code Ann. § 27-19-201(2) — 29 cases
Planned Parenthood v. State, 2022 MT 157 (Mont. 2022). “4 DISCUSSION ¶6 A court may grant an injunction order on any one of five enumerated grounds, including as pertinent here: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the commission or…”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). “Section 27-19-201, MCA, governs when a preliminary injunction may be granted: An injunction order may be granted in the following cases: (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the…”
City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008). “The County further opines that the District Court was correct in its determination that § 27-19-103(4) and (5), MCA, precluded an injunction under these circumstances, and that § 27-19-201, MCA, did not justify an injunction given that the City failed to establish that it would…”
Weems v. State by & through Fox, 440 P.3d 4 (Mont. 2019). “The court's injunction prevents no harm, the State suggests, because there are no patients who could have abortion services provided by Weems or Doe irrespective of the statute.”
Sweet Grass Farms, Ltd. v. Bd. of Cnty. Commissioners, 2000 MT 147 (Mont. 2000). “Whether the District Court erred by combining the standing requirement for an appeal under § 76-3-625, MCA, with the irrepara *68 ble injury requirement under the preliminary injunction statute, § 27-19-201, MCA? BACKGROUND ¶6 In January 1995 Norman K.”
— Mont. Code Ann. § 27-19-201(3) — 16 cases
City of Billings v. Cnty. Water Dist., 935 P.2d 246 (Mont. 1997). “See § 27-19-201, MCA. The Court, having correctly cited the applicable standard of review, never returns to it or discusses how the District Court abused its discretion in denying the Water District's application for a preliminary injunction.”
City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008). “The County further opines that the District Court was correct in its determination that § 27-19-103(4) and (5), MCA, precluded an injunction under these circumstances, and that § 27-19-201, MCA, did not justify an injunction given that the City failed to establish that it would…”
Davis v. Westphal, 2017 MT 276 (Mont. 2017). “¶24 District courts have broad discretion to grant preliminary injunctive relief on any of the five grounds enumerated in § 27-19-201, MCA. Sandrock v. DeTienne, 2010 MT 237, ¶ 16 , 358 Mont.”
Sweet Grass Farms, Ltd. v. Bd. of Cnty. Commissioners, 2000 MT 147 (Mont. 2000). “Whether the District Court erred by combining the standing requirement for an appeal under § 76-3-625, MCA, with the irrepara *68 ble injury requirement under the preliminary injunction statute, § 27-19-201, MCA? BACKGROUND ¶6 In January 1995 Norman K.”
Caldwell v. Sabo, 2013 MT 240 (Mont. 2013). “Did the District Court err in granting a preliminary injunction pursuant to §27-19-201, MCA? ¶4 2. Did the District Court err in waiving a written undertaking pursuant to §27-19-306, MCA? ¶5 We will not address the Sabo’s second issue because we have determined that the District…”
— Mont. Code Ann. § 27-19-201(4) — 11 cases
Stensvad v. Newman Ayers Ranch, 2024 MT 246 (Mont. 2024).
M.A.I.D. LLC v. State, 2024 MT 200 (Mont. 2024).
Planned Parenthood v. State, 2024 MT 227 (Mont. 2024). “Section 27-19-201(1), MCA. The Providers sought a preliminary injunction to enjoin HB 575 and HB 721 after the amendments to the preliminary injunction statute took effect and the preliminary injunction hearing in this case took place on May 23, 2023.”
Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001).
Planned Parenthood v. State, 2024 MT 228 (Mont. 2024).
— Mont. Code Ann. § 27-19-201(4)(b) — 3 cases
Stephenson v. Lone Peak, 2025 MT 148 (Mont. 2025).
Kalarchik v. State, 2026 MT 76 (Mont. 2026).
All Families v. State, 2025 MT 64 (Mont. 2026).
— Mont. Code Ann. § 27-19-201(5) — 1 case
St. James Healthcare v. Cole, 2008 MT 44 (Mont. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.