27-26-302. Answer of adverse party. On the return of the alternative or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
History: En. Sec. 387, p. 123, Bannack Stat.; re-en. Sec. 446, p. 224, L. 1867; re-en. Sec. 522, p. 142, Cod. Stat. 1871; re-en. Sec. 552, p. 182, L. 1877; re-en. Sec. 552, 1st Div. Rev. Stat. 1879; re-en. Sec. 570, 1st Div. Comp. Stat. 1887; amd. Sec. 1965, C. Civ. Proc. 1895; re-en. Sec. 7218, Rev. C. 1907; re-en. Sec. 9852, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1089; re-en. Sec. 9852, R.C.M. 1935; R.C.M. 1947, 93-9106.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 26. Mandamus -- Writ of Mandate
Part 3. Procedure Upon Return of Writ
27-26-301. Time for return and hearing
27-26-302. Answer of adverse party
27-26-304. Applicant's response to answer
27-26-305. Motion for new trial
27-26-306. Argument to proceed if no new trial
27-26-307. Procedure when there is no answer or no material issue of fact