25-14-304. Hearing on application. At the time and place specified in the notice described in 25-14-302, the person must be taken before the judge, who shall examine the person under oath concerning the person's estate, property, and effects, the disposal of the estate, property, and effects, and the person's ability to pay the judgment for which the person is committed. The judge may also hear any other legal or pertinent evidence that may be produced by the debtor or the creditor.
History: En. Sec. 110, p. 48, Cod. Stat. 1871; re-en. Sec. 148, p. 74, L. 1877; re-en. Sec. 148, 1st Div. Rev. Stat. 1879; re-en. Sec. 150, 1st Div. Comp. Stat. 1887; re-en. Sec. 2063, C. Civ. Proc. 1895; re-en. Sec. 7260, Rev. C. 1907; re-en. Sec. 9878, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1146; re-en. Sec. 9878, R.C.M. 1935; R.C.M. 1947, 93-9604; amd. Sec. 479, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 14. Proceedings in Aid of Execution
Part 3. Discharge of Imprisoned Judgment Debtor
25-14-301. Persons imprisoned to be discharged
25-14-302. Notice of application for discharge
25-14-304. Hearing on application
25-14-305. Interrogatories directed to prisoner by plaintiff
25-14-306. Prisoner to take oath
25-14-308. Reapplication for discharge
25-14-309. Effect of discharge
25-14-310. Judgment unaffected
25-14-311. Discharge at instance of plaintiff
25-14-312. Discharge upon failure of plaintiff to advance money for support of prisoner