37-61-416. Party may appear in person or by attorney. A party to a civil action who is of legal age may prosecute or defend the action in person or by attorney at the party's election unless the party has been judicially declared to be incompetent to manage the party's affairs. Each provision of this part relating to the conduct of an action in which the attorney for the party is mentioned includes a party prosecuting or defending in person unless otherwise specially prescribed or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, the party may not appear or act in person when an attorney may appear or act either by special provisions of law or by the course and practice of the court.
History: En. Sec. 413, C. Civ. Proc. 1895; re-en. Sec. 6405, Rev. C. 1907; re-en. Sec. 8988, R.C.M. 1921; re-en. Sec. 8988, R.C.M. 1935; R.C.M. 1947, 93-2115; amd. Sec. 1439, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 37. Professions and Occupations
Part 4. Provisions Regulating Practice
37-61-401. Authority of attorney
37-61-402. Production of proof of authority to court
37-61-405. Death or removal of attorney
37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action
37-61-409. Penalty for violation
37-61-411. Same rule when party prosecutes in person
37-61-412. Partner of public prosecutor not to defend
37-61-413. Former public prosecutors not to defend
37-61-414. Partners not to appear on opposite sides
37-61-415. Penalty for violation of two preceding sections
37-61-416. Party may appear in person or by attorney
37-61-417. Attorney may defend in person
37-61-418. Attorney may see prisoner
37-61-419. Attorney not to become surety on bond
37-61-420. Judgment lien for compensation
37-61-421. Attorney's or litigant's liability for excess costs