70-27-204. Amendment of complaint after trial begins. (1) When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.
(2) No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.
History: En. Sec. 2093, C. Civ. Proc. 1895; re-en. Sec. 7282, Rev. C. 1907; re-en. Sec. 9900, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1173; re-en. Sec. 9900, R.C.M. 1935; R.C.M. 1947, 93-9714.
Structure Montana Code Annotated
Chapter 27. Forcible Entry and Detainer Unlawful Detainer
Part 2. Trial, Judgment, and Appeal
70-27-202. Actions in justice's court to be tried within 10 days
70-27-203. Showings required on trial
70-27-204. Amendment of complaint after trial begins
70-27-205. Verdict, judgment, and execution
70-27-207. Holdover or collusion after notice -- treble rent
70-27-208. Holdover after tenant's notice to quit -- treble rent
70-27-209. Treble rent exclusive of interest
70-27-210. Relief against forfeiture of lease in case of hardship
70-27-212. General provisions on new trials and appeals applicable