27-16-405. Notice of justification of sureties -- new undertaking. Within 5 days after receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff's attorney notice of the justification of the same or other bail, specifying the place of residence and occupation of the attorney, before a judge of the court or clerk of the court, at a specified time and place, not to be less than 5 or more than 10 days after the notice of the justification, except with consent of parties. If other bail is given, there must be a new undertaking.
History: En. Sec. 87, p. 150, L. 1867; re-en. Sec. 95, p. 46, Cod. Stat. 1871; re-en. Sec. 133, p. 71, L. 1877; re-en. Sec. 133, 1st Div. Rev. Stat. 1879; re-en. Sec. 135, 1st Div. Comp. Stat. 1887; re-en. Sec. 815, C. Civ. Proc. 1895; re-en. Sec. 6610, Rev. C. 1907; re-en. Sec. 9208, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 493; re-en. Sec. 9208, R.C.M. 1935; R.C.M. 1947, 93-4016; amd. Sec. 643, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 16. Arrest and Bail in Civil Actions
27-16-401. Discharge of defendant upon giving bail before execution
27-16-402. Form of undertaking for bail
27-16-403. Qualifications of sureties
27-16-404. Filing of order with return and undertaking -- plaintiff's notice of nonacceptance
27-16-405. Notice of justification of sureties -- new undertaking
27-16-406. Procedure for justification
27-16-407. Acceptance of sufficiency of sureties by judge or clerk