70-29-113. Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action a party dies, is committed pursuant to 53-21-127, or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action.
(2) An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien on the share or interest, in the discretion of the court.
History: En. Sec. 1357, C. Civ. Proc. 1895; re-en. Sec. 6900, Rev. C. 1907; re-en. Sec. 9533, R.C.M. 1921; re-en. Sec. 9533, R.C.M. 1935; R.C.M. 1947, 93-6318; amd. Sec. 23, Ch. 115, L. 1979; amd. Sec. 36, Ch. 490, L. 1997.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-101. Action for partition authorized -- who may bring
70-29-103. Complaint -- contents
70-29-104. Who must be parties -- permissible plaintiffs
70-29-105. Who may be joined as defendants
70-29-106. Unnecessary to join grantees or lienholders not of record
70-29-107. Lienholders of record as parties
70-29-108. Lienholders of record to be notified
70-29-109. Notice of action to be filed with clerk -- lis pendens
70-29-110. Summons -- to whom directed
70-29-111. Unknown and out-of-state parties -- how served
70-29-113. Death or incompetency of parties -- proceedings not delayed