23-5-181. Petition -- summons -- service -- answer. (1) A peace officer that seizes personal property under 23-5-180 shall within 45 days of the seizure file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurred. The clerk shall issue a summons, which the petitioning party shall by one of the following methods serve upon each owner or claimant of the personal property:
(a) upon an owner or claimant whose name and address are known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;
(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the department.
(2) Within 20 days after service under subsection (1), the owner or claimant of the seized property may file a verified answer to the allegations concerning the use of the property described in the petition. An extension of time for filing the answer may not be granted. Failure to answer within 20 days bars the owner or claimant from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.
History: En. Sec. 2, Ch. 134, L. 2005.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling
23-5-111. Construction and application
23-5-113. Department as criminal justice agency
23-5-114. Department employees -- activities prohibited
23-5-115. Powers and duties of department -- licensing
23-5-116. Disclosure of information
23-5-118. Transfer of ownership interest -- definitions
23-5-119. Appropriate alcoholic beverage license for certain gambling activities
23-5-123. Disposal of fines and penalties for violation of gambling laws
23-5-128. Distributor's license -- fees
23-5-129. Route operator's license -- fees
23-5-130. Allowable compensation for route operator
23-5-131. Losses at illegal gambling may be recovered in civil action
23-5-135. Discharge of defendant
23-5-136. Injunction and other remedies
23-5-138. Evidence in administrative proceedings
23-5-139. and 23-5-140 reserved
23-5-145. through 23-5-150 reserved
23-5-153. Possession and sale of antique gambling devices
23-5-154. Soliciting participation in illegal gambling activity prohibited
23-5-155. Counterfeiting or defacing documents -- penalty
23-5-157. Gambling on cash basis -- penalties
23-5-158. Minors not to participate -- penalty -- exception
23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty
23-5-160. Shaking dice for drink or music or in shake-a-day game
23-5-161. Criminal liabilities -- misdemeanor
23-5-162. Criminal liabilities -- felony
23-5-164. Payroll checks -- promotional activities prohibited
23-5-165. Fishing derbies and wagering on natural occurrences
23-5-166. through 23-5-170 reserved
23-5-171. Authority of local governments to regulate gambling
23-5-173. through 23-5-175 reserved
23-5-176. Qualifications for licensure
23-5-177. Operator of gambling establishment -- license -- fee
23-5-178. Associated gambling business
23-5-180. Property subject to forfeiture
23-5-181. Petition -- summons -- service -- answer
23-5-182. Effect of failure to answer -- hearing date following answer
23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption