27-2-402. When defendant is out of state. When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term limited under this part after the person's return to the state. If, after the cause of action accrues, the person departs from the state and cannot be served with process, the time of the person's absence is not part of the time limited for the commencement of the action.
History: En. Sec. 13, p. 468, Bannack Stat.; re-en. Sec. 11, p. 517, Cod. Stat. 1871; re-en. Sec. 50, p. 50, L. 1877; re-en. Sec. 50, 1st Div. Rev. Stat. 1879; re-en. Sec. 50, 1st Div. Comp. Stat. 1887; re-en. Sec. 541, C. Civ. Proc. 1895; re-en. Sec. 6458, Rev. C. 1907; re-en. Sec. 9048, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 351; re-en. Sec. 9048, R.C.M. 1935; R.C.M. 1947, 93-2702; amd. Sec. 4, Ch. 441, L. 1987; amd. Sec. 600, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 4. Circumstances Which Extend Period of Limitations
27-2-401. When person entitled to bring action is under a disability
27-2-402. When defendant is out of state
27-2-403. Actions involving aliens in time of war
27-2-404. When party dies before action commenced
27-2-405. When controversy submitted to arbitration
27-2-406. When action stayed by injunction or other order or statutory prohibition
27-2-407. When action terminated or judgment reversed