27-19-403. New undertaking for security following hearing. Upon the hearing, 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 the undertaking executed upon the 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. 50, Ch. 12, L. 1979; amd. Sec. 15, Ch. 399, L. 1979; amd. Sec. 3, Ch. 575, L. 1995.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Part 4. Dissolution or Modification of Preliminary Injunction
27-19-401. Application to dissolve or modify injunction
27-19-403. New undertaking for security following hearing
27-19-404. When injunction dissolved or modified
27-19-405. Enjoined party's undertaking for security upon dissolution