3-1-521. Proceedings when party fails to appear. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
History: En. Sec. 467, p. 227, L. 1867; re-en. Sec. 542, p. 146, Cod. Stat. 1871; re-en. Sec. 576, p. 188, L. 1877; re-en. Sec. 576, 1st Div. Rev. Stat. 1879; re-en. Sec. 594, 1st Div. Comp. Stat. 1887; re-en. Sec. 2181, C. Civ. Proc. 1895; re-en. Sec. 7320, Rev. C. 1907; re-en. Sec. 9919, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1220; re-en. Sec. 9919, R.C.M. 1935; R.C.M. 1947, 93-9812.
Structure Montana Code Annotated
Chapter 1. Courts and Judicial Officers Generally
3-1-501. What acts or omissions are contempts -- civil and criminal contempt
3-1-502. Order refused -- subsequent applications prohibited
3-1-504. Reentry on property after eviction
3-1-505. through 3-1-510 reserved
3-1-511. Procedure -- contempt committed in presence of court
3-1-512. Procedure -- contempt not in presence of the court
3-1-513. Warrant -- statement of charge
3-1-514. Endorsement allowing bail on warrant
3-1-515. Arrest and detention by sheriff
3-1-516. Bail bond -- form and conditions of
3-1-517. Return of warrant and undertaking
3-1-520. Penalty to compel performance
3-1-521. Proceedings when party fails to appear
3-1-522. Illness sufficient excuse -- confinement under arrest
3-1-523. Judgment and orders in contempt cases final -- family law exception