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 new undertaking become liable as if they had executed the surety upon the granting of the original order. The persons who executed the original undertaking remain liable only until the new undertaking is given and approved. A new undertaking must comply with the provisions of 27-19-306.
History: En. Sec. 876, C. Civ. Proc. 1895; re-en. Sec. 6648, Rev. C. 1907; re-en. Sec. 9248, R.C.M. 1921; re-en. Sec. 9248, R.C.M. 1935; R.C.M. 1947, 93-4209(part); amd. Sec. 13, Ch. 399, L. 1979; MCA 1979, 27-19-313; redes. 27-19-307 by Code Commissioner, 1979; amd. Sec. 2, Ch. 575, L. 1995.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Part 3. Procedure for Obtaining Preliminary Injunction
27-19-301. Notice of application -- hearing
27-19-303. Time of granting injunction, evidence required
27-19-305. Renumbered 27-19-314
27-19-306. Security for damages
27-19-307. New undertaking for security following hearing
27-19-308. through 27-19-310 reserved
27-19-312. Renumbered 27-19-303 (3)
27-19-313. Renumbered 27-19-307
27-19-314. Temporary restraining order
27-19-315. When restraining order may be granted without notice
27-19-316. Contents and filing of restraining order granted without notice
27-19-317. Extension of expiration date
27-19-318. Application for injunction to be heard without delay