Title 27 of the state annotated code establishes the Montana preliminary injunction bond requirement and the appropriate procedure for moving and perfecting an injunction. Chapter 19 (Parts 1-4) are instructive. A temporary injunction may be granted when the following criteria are met to the satisfaction of the court when pursuant to §27-19-201, . . .
- 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 continuance of the act complained of, either for a limited period or perpetually;
- it appears that the commission or continuance of some act during the litigation would produce a great or irreparable injury to the applicant;
- it appears during the litigation that the adverse party is doing or threatens or is about to do or is procuring or suffering to be done some act in violation of the applicant’s rights, respecting the subject of the action, and tending to render the judgment ineffectual;
- it appears that the adverse party, during the pendency of the action, threatens or is about to remove or to dispose of the adverse party’s property with intent to defraud the applicant, an injunction order may be granted to restrain the removal or disposition;
- 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.
The Montana preliminary injunction bond is addressed under §27-19-306. ” . . . 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.” The term “undertaking” is synonymous with the term “surety bond” or “judicial surety bond”. The bond penalty (bond amount) is set by the court in its sole discretion and waiver of the same should the court deem such waiver in the interests of justice. Section (2)(a), presents a special “cap” of the bond penalty for subject-matter specific litigation. “If a party seeks an injunction or restraining order against an industrial operation or activity, the amount of the injunction bond must be set in an amount that includes all of the wages, salaries, and benefits of the employees of the party enjoined or restrained during the anticipated time that the injunction or restraining order will be in effect. The amount of the written undertaking may not exceed $50,000 unless the interests of justice require it.” State agencies and instrumentalities are generally exempted from the Montana preliminary injunction bond requirement.
A Montana preliminary injunction bond must be issued by a surety licensed by the Montana Commissioner of Insurance. Quoting a preliminary injunction bond or Montana temporary restraining order bond is best accomplished by a judicial bond underwriter with knowledge and experience with court bond obligations generally, and more specifically with Montana Annotated Codes that regulate their form and sufficiency. Judicial bond leader, Surety One, Inc. specializes in surety bonds for federal, state and local trial courts and courts of appeals. Application submissions are quoted within one hour. We are the most agile court bond underwriter in the United States. Call (800) 373-2804 or email us at Underwriting@SuretyOne.com to discuss your Montana preliminary injunction bond or other litigation surety bond need.
Moving for injunction or restraint in a case in any U.S. District Court? Learn more about a federal injunction bond here. Attorneys, follow Judicial Bonds on Twitter at https://twitter.com/CourtBondSurety.
