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Sponsor seeks to codify higher standard for court orders that compel action; civil‑liberty groups oppose
Summary
House Bill 7 15 would define a heightened test for mandatory preliminary injunctions that order a government or party to act immediately. The ACLU and trial lawyers’ group opposed the changes, saying they would constrain judicial discretion and make it harder to obtain time‑sensitive relief, including some constitutional claims.
Representative Bill Mercer explained that House Bill 7 15 responds to recent case law and seeks to clarify the standard Montana courts should apply to mandatory preliminary injunctions — the orders that compel a party to take affirmative action before a full adjudication.
The proposed section defines a mandatory injunction standard that requires a showing ‘‘that the law and facts clearly…
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