Montana Code Annotated
Part 5. Right to Bring Action or Assert Defense
27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest

27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest. (1) An action, cause of action, or defense does not abate because of the death or disability of a party or the transfer of any interest in the action or defense, but whenever the cause of action or defense arose in favor of the party prior to the party's death or disability or transfer of interest, the action or defense survives and may be maintained by the party's representatives or successors in interest. If the action has not been begun or defense interposed, the action may be begun or defense interposed in the name of the party's representatives or successors in interest. If the action has been begun or defense interposed, the action or proceeding may be continued as provided in Rule 25, M.R.Civ.P.
(2) Actions brought under 27-1-513 and this section must be combined in one legal action, and any element of damages may be recovered only once.
History: En. Sec. 16, p. 45, Bannack Stat.; re-en. Sec. 16, p. 137, L. 1867; re-en. Sec. 16, p. 29, Cod. Stat. 1871; amd. Sec. 22, p. 43, L. 1877; re-en. Sec. 22, 1st Div. Rev. Stat. 1879; en. Sec. 1, p. 98, L. 1883; re-en. Sec. 22, 1st Div. Comp. Stat. 1887; amd. Sec. 587, C. Civ. Proc. 1895; re-en. Sec. 6494, Rev. C. 1907; re-en. Sec. 9086, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 385; re-en. Sec. 9086, R.C.M. 1935; repealed Sec. 84, Ch. 13, L. 1961; reinstated Sec. 2, Ch. 14, L. 1963; R.C.M. 1947, 93-2824; amd. Sec. 7, Ch. 12, L. 1979; amd. Sec. 2, Ch. 449, L. 1987; amd. Sec. 577, Ch. 56, L. 2009.

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