Montana Code Annotated
Title 25. Civil Procedure

25-1-501. Notice to be given to attorney general when state department or board initiates or intervenes in an action - 25-1-501. Notice to be given to attorney general when state...

25-1-502. Notice of appeal to be served on attorney general when state is party to judicial review - 25-1-502. Notice of appeal to be served on attorney general...

Part 11. Registration of Process Servers -- Levying Officers

25-1-1101. Registered process server -- levying officer -- use of title reserved - 25-1-1101. Registered process server -- levying officer -- use of...

25-1-1102. Contents of registration certificate - 25-1-1102. Contents of registration certificate. The certificate of registration of...

25-1-1103. Repealed - 25-1-1103. Repealed. Sec. 20, Ch. 405, L. 2007. History: En....

25-1-1104. Handbook for process servers - 25-1-1104. Handbook for process servers. (1) The department of labor...

25-1-1105. Repealed - 25-1-1105. Repealed. Sec. 20, Ch. 405, L. 2007. History: En....

25-1-1106. Repealed - 25-1-1106. Repealed. Sec. 20, Ch. 405, L. 2007. History: En....

25-1-1107. Proof of service -- requirements - 25-1-1107. Proof of service -- requirements. A proof of service...

25-1-1108. through 25-1-1110 reserved - 25-1-1108 through 25-1-1110 reserved.

25-1-1111. Bond required -- levy limited - 25-1-1111. Bond required -- levy limited. (1) After completing the...

25-1-1112. Action on bond - 25-1-1112. Action on bond. (1) Any person who recovers damages...

Chapter 2. Venue

Part 1. Proper Place of Trial -- Venue

25-2-101. Renumbered 25-2-121 - 25-2-101. Renumbered 25-2-121. Code Commissioner, 1985.

25-2-102. Renumbered 25-2-122 - 25-2-102. Renumbered 25-2-122. Code Commissioner, 1985.

25-2-103. Renumbered 25-2-123 - 25-2-103. Renumbered 25-2-123. Code Commissioner, 1985.

25-2-104. Renumbered 25-2-124 - 25-2-104. Renumbered 25-2-124. Code Commissioner, 1985.

25-2-105. Renumbered 25-2-125 - 25-2-105. Renumbered 25-2-125. Code Commissioner, 1985.

25-2-106. Renumbered 25-2-126 (2) - 25-2-106. Renumbered 25-2-126(2). Code Commissioner, 1985.

25-2-107. Repealed - 25-2-107. Repealed. Sec. 17, Ch. 432, L. 1985. History: En....

25-2-108. Renumbered 25-2-118 - 25-2-108. Renumbered 25-2-118. Code Commissioner, 1985.

25-2-109. and 25-2-110 reserved - 25-2-109 and 25-2-110 reserved.

25-2-111. Scope of part - 25-2-111. Scope of part. The proper place of trial (venue)...

25-2-112. Designation of proper place of trial not jurisdictional - 25-2-112. Designation of proper place of trial not jurisdictional. The...

25-2-113. Power of court to change place of trial - 25-2-113. Power of court to change place of trial. The...

25-2-114. Right of defendant to move for change of place of trial - 25-2-114. Right of defendant to move for change of place...

25-2-115. Multiple proper counties - 25-2-115. Multiple proper counties. If this part designates more than...

25-2-116. Multiple claims - 25-2-116. Multiple claims. In an action involving two or more...

25-2-117. Multiple defendants - 25-2-117. Multiple defendants. If there are two or more defendants...

25-2-118. Residence of defendant - 25-2-118. Residence of defendant. (1) Except as provided in subsection...

25-2-119. and 25-2-120 reserved - 25-2-119 and 25-2-120 reserved.

25-2-121. Contracts - 25-2-121. Contracts. (1) The proper place of trial for actions...

25-2-122. Torts - 25-2-122. Torts. (1) Except as provided in subsections (2) through...

25-2-123. Real property - 25-2-123. Real property. (1) The proper place of trial for...

25-2-124. Recovery of statutory penalty or forfeiture - 25-2-124. Recovery of statutory penalty or forfeiture. The proper place...

25-2-125. Against public officers or their agents - 25-2-125. Against public officers or their agents. The proper place...

25-2-126. Against state and political subdivisions - 25-2-126. Against state and political subdivisions. (1) Except as provided...

25-2-127. through 25-2-130 reserved - 25-2-127 through 25-2-130 reserved.

25-2-131. Specific statutes control - 25-2-131. Specific statutes control. The provisions of this part do...

Part 2. Change of Venue

25-2-201. When change of venue required - 25-2-201. When change of venue required. The court or judge...

25-2-202. Change of venue on agreement of parties - 25-2-202. Change of venue on agreement of parties. All the...

25-2-203. Papers to be transmitted - 25-2-203. Papers to be transmitted. When an order is made...

25-2-204. Jurisdiction preserved - 25-2-204. Jurisdiction preserved. The court to which an action or...

25-2-205. Repealed - 25-2-205. Repealed. Secs. 52(1), 63(3), Ch. 585, L. 2001. History:...

25-2-206. Judgment affecting real property to be transmitted - 25-2-206. Judgment affecting real property to be transmitted. When an...

Chapter 3. Service of Process and Other Papers

Part 1. General Provisions

25-3-101. Definitions - 25-3-101. Definitions. As used in parts 2 and 3 of...

25-3-102. through 25-3-104 reserved - 25-3-102 through 25-3-104 reserved.

25-3-105. Person serving process -- penalty for obstruction -- exception - 25-3-105. Person serving process -- penalty for obstruction -- exception....

25-3-106. Medical malpractice claims -- time limit - 25-3-106. Medical malpractice claims -- time limit. A plaintiff in...

Part 2. Service by an Officer

25-3-201. Delivery of papers to officer - 25-3-201. Delivery of papers to officer. (1) (a) It is...

25-3-202. When officer's execution of process justified and required - 25-3-202. When officer's execution of process justified and required. A...

25-3-203. Prepayment of cost of service - 25-3-203. Prepayment of cost of service. An officer or registered...

25-3-204. Officer to exhibit process - 25-3-204. Officer to exhibit process. The officer or registered process...

25-3-205. Execution of process when sheriff a party - 25-3-205. Execution of process when sheriff a party. When the...

25-3-206. Execution by elisor - 25-3-206. Execution by elisor. (1) Process or orders in an...

Part 3. Return of Service

25-3-301. Time and manner of return - 25-3-301. Time and manner of return. (1) The sheriff or...

25-3-302. Return prima facie evidence - 25-3-302. Return prima facie evidence. The return of the sheriff...

Part 4. Service of Papers After Defendant's Appearance

25-3-401. Notice requirements after appearance of defendant - 25-3-401. Notice requirements after appearance of defendant. A defendant appears...

25-3-402. Persons to be served - 25-3-402. Persons to be served. Subject to the provisions of...

Part 5. Alternative Methods of Service

25-3-501. Service of telegraphic or telephonic copy - 25-3-501. Service of telegraphic or telephonic copy. (1) Any summons,...

25-3-502. Publication to be once a week - 25-3-502. Publication to be once a week. Where not otherwise...

25-3-503. What suffices as once a week - 25-3-503. What suffices as once a week. Whenever any statute...

25-3-504. Designating unknown persons as defendants - 25-3-504. Designating unknown persons as defendants. (1) In the situations...

25-3-505. Effect of service by publication upon unknown persons - 25-3-505. Effect of service by publication upon unknown persons. Judgments...

Part 6. Service on Secretary of State -- Nonresident Motorists

25-3-601. Conditional granting of use of highways to nonresidents - 25-3-601. Conditional granting of use of highways to nonresidents. Subject...

25-3-602. Operation of vehicle considered consent to service on secretary of state - 25-3-602. Operation of vehicle considered consent to service on secretary...

25-3-603. Operation of vehicle by agent - 25-3-603. Operation of vehicle by agent. The operation by any...

25-3-604. Secretary of state's record of process served - 25-3-604. Secretary of state's record of process served. The secretary...

Chapter 4. Pleadings, Motions, and Other Papers

Part 1. General Provisions

25-4-101. Motions and orders -- where made - 25-4-101. Motions and orders -- where made. (1) Motions must...

25-4-102. Transfer when judge unable to hear motion or return of order - 25-4-102. Transfer when judge unable to hear motion or return...

25-4-103. Vacating or modifying order made without notice - 25-4-103. Vacating or modifying order made without notice. An order...

25-4-104. through 25-4-110 reserved - 25-4-104 through 25-4-110 reserved.

25-4-111. Lost papers - 25-4-111. Lost papers. If an original pleading or paper be...

25-4-112. Papers with technical defects - 25-4-112. Papers with technical defects. An affidavit, notice, or other...

Part 2. Pleadings in General

25-4-201. Description of real property in complaint - 25-4-201. Description of real property in complaint. In an action...

25-4-202. Copy of written instrument in pleading - 25-4-202. Copy of written instrument in pleading. The insertion in...

25-4-203. Verification of pleadings - 25-4-203. Verification of pleadings. (1) In any case in which...

25-4-204. Time for amendment or reply after motion on pleading - 25-4-204. Time for amendment or reply after motion on pleading....

Part 3. Pleading Special Matters

25-4-301. Pleading statute of limitations - 25-4-301. Pleading statute of limitations. In pleading the statute of...

25-4-302. Pleading an account - 25-4-302. Pleading an account. It is not necessary for a...

25-4-303. True value of property -- action for taking - 25-4-303. True value of property -- action for taking. When,...

25-4-304. through 25-4-310 reserved - 25-4-304 through 25-4-310 reserved.

25-4-311. Damages for personal injury or wrongful death not to be stated - 25-4-311. Damages for personal injury or wrongful death not to...

25-4-312. Request for statement of damages -- response - 25-4-312. Request for statement of damages -- response. When an...

25-4-313. Notice to defendant when no request for statement - 25-4-313. Notice to defendant when no request for statement. If...

25-4-314. Permissive delivery of statement with summons - 25-4-314. Permissive delivery of statement with summons. A copy of...

Part 4. Counterclaim and Cross-Claim

25-4-401. Counterclaim by person sued in representative capacity - 25-4-401. Counterclaim by person sued in representative capacity. In an...

25-4-402. Counterclaim against person suing in representative capacity - 25-4-402. Counterclaim against person suing in representative capacity. In an...

25-4-403. Counterclaim in action on contract - 25-4-403. Counterclaim in action on contract. A counterclaim on a...

25-4-404. Cross-claim to be asserted in answer - 25-4-404. Cross-claim to be asserted in answer. When the judgment...

Part 5. Motion to Postpone Trial

25-4-501. Motion to postpone trial for absence of testimony - 25-4-501. Motion to postpone trial for absence of testimony. A...

25-4-502. No postponement when expected evidence admitted - 25-4-502. No postponement when expected evidence admitted. The court may...

25-4-503. Postponement on other grounds - 25-4-503. Postponement on other grounds. Upon good cause shown and...

25-4-504. Depositions of witnesses upon postponement - 25-4-504. Depositions of witnesses upon postponement. The party obtaining a...

Part 6. Procedure After Claims Partially Admitted

25-4-601. Procedure when answer admits part of plaintiff's claim - 25-4-601. Procedure when answer admits part of plaintiff's claim. When...

25-4-602. Judgment for excess when plaintiff admits counterclaim - 25-4-602. Judgment for excess when plaintiff admits counterclaim. In an...

Chapter 5. Parties

Part 1. Designation of Parties

25-5-101. Names of parties - 25-5-101. Names of parties. In a civil action, the party...

25-5-102. Use of abbreviated names - 25-5-102. Use of abbreviated names. It is sufficient in all...

25-5-103. Suing party by fictitious name - 25-5-103. Suing party by fictitious name. When the plaintiff does...

25-5-104. Action against business association - 25-5-104. Action against business association. When two or more persons...

Part 2. Capacity to Be a Party -- Joinder

25-5-201. Capacity of married person to be a party - 25-5-201. Capacity of married person to be a party. A...

25-5-202. Who may defend when spouse sued - 25-5-202. Who may defend when spouse sued. If a husband...

25-5-203. Defendants -- adverse claims to real property - 25-5-203. Defendants -- adverse claims to real property. In an...

25-5-204. Joinder of state as defendant in actions affecting title to property - 25-5-204. Joinder of state as defendant in actions affecting title...

Part 3. Guardian Ad Litem

25-5-301. Appointment of guardian - 25-5-301. Appointment of guardian. When a guardian ad litem is...

Chapter 7. Trials

Part 1. Issues -- Mode of Trial

25-7-101. Issue defined, types of issues - 25-7-101. Issue defined, types of issues. Issues arise upon the...

25-7-102. Issues of law to be decided by court - 25-7-102. Issues of law to be decided by court. Except...

25-7-103. When issues of fact to be decided by jury - 25-7-103. When issues of fact to be decided by jury....

25-7-104. Mode of trial of counterclaim - 25-7-104. Mode of trial of counterclaim. Where the defendant interposes...

25-7-105. Offer of settlement - 25-7-105. Offer of settlement. (1) (a) At any time more...

Part 2. Selection of Jury

25-7-201. When a jury is to be selected - 25-7-201. When a jury is to be selected. The procedure...

25-7-202. Judge or jury commissioner to draw ballots - 25-7-202. Judge or jury commissioner to draw ballots. When an...

25-7-203. Drawing a new jury when another is impaneled - 25-7-203. Drawing a new jury when another is impaneled. If...

25-7-204. Mode of drawing ballots - 25-7-204. Mode of drawing ballots. Before the first ballot shall...

25-7-205. Persons drawn and approved to form jury - 25-7-205. Persons drawn and approved to form jury. The first...

25-7-206. Procedure when insufficient number attend - 25-7-206. Procedure when insufficient number attend. (1) If a sufficient...

25-7-207. Oath of jury - 25-7-207. Oath of jury. As soon as the jury is...

25-7-208. Ballots of jurors who have been sworn - 25-7-208. Ballots of jurors who have been sworn. The ballots...

25-7-209. Ballots of jurors not sworn - 25-7-209. Ballots of jurors not sworn. The ballot with the...

25-7-210. Repealed - 25-7-210. Repealed. Sec. 195, Ch. 575, L. 1981. History: En....

25-7-211. through 25-7-220 reserved - 25-7-211 through 25-7-220 reserved.

25-7-221. Challenges to jurors and the jury - 25-7-221. Challenges to jurors and the jury. (1) Each party...

25-7-222. Challenges to the array or panel - 25-7-222. Challenges to the array or panel. (1) A challenge...

25-7-223. Challenges to jurors for cause - 25-7-223. Challenges to jurors for cause. Challenges for cause may...

25-7-224. Peremptory challenges to jurors - 25-7-224. Peremptory challenges to jurors. (1) Each party is entitled...

Part 3. Order and Conduct of Trial by Jury

25-7-301. Order of trial - 25-7-301. Order of trial. When the jury has been sworn,...

25-7-302. Directed verdict when no issues of fact - 25-7-302. Directed verdict when no issues of fact. Where, upon...

25-7-303. Activity of court during jury's absence - 25-7-303. Activity of court during jury's absence. While the jury...

25-7-304. Procedure when juror becomes sick - 25-7-304. Procedure when juror becomes sick. If, after the impaneling...

25-7-305. Procedure when jury prevented from giving verdict - 25-7-305. Procedure when jury prevented from giving verdict. In all...

Part 4. Conduct of Jury

25-7-401. View by jury of the premises - 25-7-401. View by jury of the premises. When, in the...

25-7-402. Admonition when jury permitted to separate - 25-7-402. Admonition when jury permitted to separate. If the jurors...

25-7-403. Conduct of jury after case submitted to it - 25-7-403. Conduct of jury after case submitted to it. When...

25-7-404. Papers which may be taken into jury room - 25-7-404. Papers which may be taken into jury room. Upon...

25-7-405. Jury's request for further information - 25-7-405. Jury's request for further information. After the jury has...

Part 5. Jury's Verdict

25-7-501. Return of verdict -- polling jury - 25-7-501. Return of verdict -- polling jury. (1) When the...

25-7-502. Content of verdict -- action or counterclaim for recovery of money - 25-7-502. Content of verdict -- action or counterclaim for recovery...

25-7-503. Content of verdict -- action for recovery of personal property - 25-7-503. Content of verdict -- action for recovery of personal...

Part 6. Trial by the Court

25-7-601. Waiver of findings of fact - 25-7-601. Waiver of findings of fact. The findings of fact...

25-7-602. Trial upon agreed statement of facts - 25-7-602. Trial upon agreed statement of facts. When any cause...

Part 7. Referees

25-7-701. Oath of referee - 25-7-701. Oath of referee. Each referee, before acting, shall take...

25-7-702. Grounds for objection to appointment of referee - 25-7-702. Grounds for objection to appointment of referee. Either party...

25-7-703. Procedure upon objection - 25-7-703. Procedure upon objection. The objections taken to the appointment...

Chapter 8. Deposit in Court -- Delivery to Party

Part 1. General Provisions

25-8-101. When court may order deposit or delivery - 25-8-101. When court may order deposit or delivery. When it...

25-8-102. Enforcement of court's order - 25-8-102. Enforcement of court's order. Where the court directs a...

25-8-103. With whom money deposited - 25-8-103. With whom money deposited. (1) Whenever money is paid...

25-8-104. Safekeeping of deposit by county treasurer - 25-8-104. Safekeeping of deposit by county treasurer. The treasurer shall...

Chapter 9. Judgment

Part 1. General Provisions

25-9-101. Judgment to be on the merits - 25-9-101. Judgment to be on the merits. In every case,...

25-9-102. Judgment for or against married person - 25-9-102. Judgment for or against married person. Judgment for or...

25-9-103. Death of party after verdict -- no lien - 25-9-103. Death of party after verdict -- no lien. If...

25-9-104. Procedure after judgment on issue of law - 25-9-104. Procedure after judgment on issue of law. On a...

25-9-105. Validation of defective judgments affecting realty - 25-9-105. Validation of defective judgments affecting realty. Any judgment or...

Part 2. Contents of Judgment

25-9-201. Whose rights determined in judgment - 25-9-201. Whose rights determined in judgment. Subject to the provisions...

25-9-202. Designation in judgment of principal debtors and sureties - 25-9-202. Designation in judgment of principal debtors and sureties. Upon...

25-9-203. How amount expressed - 25-9-203. How amount expressed. In judgments, the amount thereof must...

25-9-204. Clerk to include interest in judgment - 25-9-204. Clerk to include interest in judgment. The clerk shall...

25-9-205. Amount of interest - 25-9-205. Amount of interest. (1) (a) Except as provided in...

Part 3. Entry of Judgment and Satisfaction -- Lien

25-9-301. Docketing of judgment -- lien -- expiration - 25-9-301. Docketing of judgment -- lien -- expiration. (1) Immediately...

25-9-302. Filing of transcript of docket in another county -- lien -- expiration - 25-9-302. Filing of transcript of docket in another county --...

25-9-303. Filing of transcript of docket of federal court -- lien -- expiration - 25-9-303. Filing of transcript of docket of federal court --...

25-9-304. through 25-9-310 reserved - 25-9-304 through 25-9-310 reserved.

25-9-311. Entry of satisfaction of judgment in docket - 25-9-311. Entry of satisfaction of judgment in docket. Satisfaction of...

Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations

25-9-401. Definitions - 25-9-401. Definitions. In this part: (1) "future damages" includes damages...

25-9-402. Findings by trier of fact -- civil actions - 25-9-402. Findings by trier of fact -- civil actions. In...

25-9-403. Request for periodic payment of future damages -- nonmalpractice claims - 25-9-403. Request for periodic payment of future damages -- nonmalpractice...

25-9-404. Payment of attorney fees - 25-9-404. Payment of attorney fees. A judgment must order payment...

25-9-405. Assignment of periodic installments - 25-9-405. Assignment of periodic installments. An assignment of or an...

25-9-406. Failure to pay -- penalty - 25-9-406. Failure to pay -- penalty. If the court finds...

25-9-407. through 25-9-410 reserved - 25-9-407 through 25-9-410 reserved.

25-9-411. Medical malpractice noneconomic damages limitation - 25-9-411. (Temporary) Medical malpractice noneconomic damages limitation. (1) (a) In...

25-9-412. Periodic payment of future damages in medical malpractice cases - 25-9-412. Periodic payment of future damages in medical malpractice cases....

Part 5. Uniform Enforcement of Foreign Judgments

25-9-501. Short title - 25-9-501. Short title. This part may be cited as the...

25-9-502. Definition - 25-9-502. Definition. In this part, "foreign judgment" means a judgment,...

25-9-503. Filing and status of foreign judgments - 25-9-503. Filing and status of foreign judgments. A copy of...

25-9-504. Notice of filing - 25-9-504. Notice of filing. (1) At the time of the...

25-9-505. Stay - 25-9-505. Stay. (1) If the judgment debtor shows a district...

25-9-506. Fees - 25-9-506. Fees. (1) Except as provided for in subsection (2),...

25-9-507. Optional procedure - 25-9-507. Optional procedure. The right of a judgment creditor to...

25-9-508. Uniformity of interpretation - 25-9-508. Uniformity of interpretation. This part must be so interpreted...

Part 6. Uniform Foreign-Country Money Judgments Recognition Act

25-9-601. Short title - 25-9-601. Short title. This part may be cited as the...

25-9-602. Definitions - 25-9-602. Definitions. As used in this part, the following definitions...

25-9-603. Applicability - 25-9-603. Applicability. (1) Except as provided in subsection (2), this...

25-9-604. Repealed - 25-9-604. Repealed. Sec. 10, Ch. 176, L. 2009. History: En....

25-9-605. Standards for recognition of foreign-country judgment - 25-9-605. Standards for recognition of foreign-country judgment. (1) Except as...

25-9-606. Personal jurisdiction - 25-9-606. Personal jurisdiction. (1) A foreign-country judgment may not be...

25-9-607. Stay of proceedings pending appeal of foreign-country judgment - 25-9-607. Stay of proceedings pending appeal of foreign-country judgment. If...

25-9-608. Saving clause - 25-9-608. Saving clause. This part does not prevent the recognition...

25-9-609. Uniformity of interpretation - 25-9-609. Uniformity of interpretation. This part must be construed to...

25-9-610. Procedure for recognition of foreign-country judgment - 25-9-610. Procedure for recognition of foreign-country judgment. (1) If recognition...

25-9-611. Effect of recognition of foreign-country judgment - 25-9-611. Effect of recognition of foreign-country judgment. If the court...

25-9-612. Statute of limitations - 25-9-612. Statute of limitations. An action to recognize a foreign-country...

Part 7. Uniform Foreign-Money Claims Act

25-9-701. Short title - 25-9-701. Short title. This part may be cited as the...

25-9-702. Definitions - 25-9-702. Definitions. In this part, the following definitions apply: (1)...

25-9-703. Scope - 25-9-703. Scope. (1) This part applies only to a foreign-money...

25-9-704. Variation by agreement - 25-9-704. Variation by agreement. (1) The effect of this part...

25-9-705. Determining money of claim - 25-9-705. Determining money of claim. (1) The money in which...

25-9-706. Determining amount of money of certain contract claims - 25-9-706. Determining amount of money of certain contract claims. (1)...

25-9-707. Asserting and defending foreign-money claim - 25-9-707. Asserting and defending foreign-money claim. (1) A person may...

25-9-708. Judgments and awards on foreign-money claims -- times of money conversion -- form of judgment - 25-9-708. Judgments and awards on foreign-money claims -- times of...

25-9-709. Conversions of foreign money in distribution proceeding - 25-9-709. Conversions of foreign money in distribution proceeding. The rate...

25-9-710. Prejudgment and judgment interest - 25-9-710. Prejudgment and judgment interest. (1) Except as provided in...

25-9-711. Enforcement of foreign judgments - 25-9-711. Enforcement of foreign judgments. (1) If an action is...

25-9-712. Determining United States dollar value of foreign-money claims for limited purposes - 25-9-712. Determining United States dollar value of foreign-money claims for...

25-9-713. Effect of currency revalorization - 25-9-713. Effect of currency revalorization. (1) If, after an obligation...

25-9-714. Supplementary general principles of law - 25-9-714. Supplementary general principles of law. Unless displaced by particular...

25-9-715. Uniformity of application and construction - 25-9-715. Uniformity of application and construction. This part must be...

Part 8. Foreign Capital Depository -- Asset Protection (Repealed)

25-9-801. Repealed - 25-9-801. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-802. Repealed - 25-9-802. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-803. Repealed - 25-9-803. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-804. Repealed - 25-9-804. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-805. Repealed - 25-9-805. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-806. Repealed - 25-9-806. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-807. Repealed - 25-9-807. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-808. Repealed - 25-9-808. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

25-9-809. Repealed - 25-9-809. Repealed. Sec. 23, Ch. 163, L. 2005. History: En....

Chapter 10. Costs

Part 1. Imposition of Costs

25-10-101. When costs allowed, of course, to plaintiff - 25-10-101. When costs allowed, of course, to plaintiff. Costs are...

25-10-102. When costs allowed, of course, to defendant - 25-10-102. When costs allowed, of course, to defendant. Costs must...

25-10-103. When costs discretionary - 25-10-103. When costs discretionary. Unless otherwise provided, in actions other...

25-10-104. When costs of appeal discretionary - 25-10-104. When costs of appeal discretionary. (1) In the following...

25-10-105. Costs of review other than by appeal - 25-10-105. Costs of review other than by appeal. When the...

25-10-106. Several defendants not united in interest - 25-10-106. Several defendants not united in interest. When there are...

25-10-107. Costs when tender was made before commencement of action - 25-10-107. Costs when tender was made before commencement of action....

25-10-108. Imposing costs on party acting as representative - 25-10-108. Imposing costs on party acting as representative. In an...

25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs - 25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions --...

Part 2. Allowable Costs

25-10-201. Costs generally allowable - 25-10-201. Costs generally allowable. A party to whom costs are...

25-10-202. Costs of motion - 25-10-202. Costs of motion. Whenever a motion is sustained or...

25-10-203. Costs of postponement - 25-10-203. Costs of postponement. When an application is made to...

25-10-204. Costs of transferring papers -- change of venue - 25-10-204. Costs of transferring papers -- change of venue. The...

25-10-205. Costs of securing witnesses -- substitution of judge - 25-10-205. Costs of securing witnesses -- substitution of judge. Whenever...

25-10-206. Secretary of state's fee for accepting service of process - 25-10-206. Secretary of state's fee for accepting service of process....

Part 3. Attorney Fees

25-10-301. Determining compensation of attorneys - 25-10-301. Determining compensation of attorneys. The measure and mode of...

25-10-302. Inclusion of attorney's fees in bill of costs - 25-10-302. Inclusion of attorney's fees in bill of costs. The...

25-10-303. Attorney fees -- motor vehicle claim - 25-10-303. Attorney fees -- motor vehicle claim. In an action...

25-10-304. Paralegal fees as component of attorney fees - 25-10-304. Paralegal fees as component of attorney fees. In any...

25-10-305. Paralegal defined -- use of title - 25-10-305. Paralegal defined -- use of title. (1) As used...

Part 4. Officers' Fees, Prepayment

25-10-401. Itemization of officer's fees - 25-10-401. Itemization of officer's fees. No fees of any officer...

25-10-402. No charge for copies furnished by party - 25-10-402. No charge for copies furnished by party. In all...

25-10-403. Prepayment of fees - 25-10-403. Prepayment of fees. Each party to a civil action...

25-10-404. Poor persons not required to prepay fees -- definition - 25-10-404. Poor persons not required to prepay fees -- definition....

25-10-405. Governmental entities not required to prepay fees -- exceptions - 25-10-405. Governmental entities not required to prepay fees -- exceptions....

25-10-406. Collection of clerk's and sheriff's costs after judgment - 25-10-406. Collection of clerk's and sheriff's costs after judgment. In...

Part 5. Claiming Costs

25-10-501. Bill of costs - 25-10-501. Bill of costs. The party in whose favor judgment...

25-10-502. Procedure upon objection to bill of costs - 25-10-502. Procedure upon objection to bill of costs. A party...

25-10-503. How costs on appeal claimed - 25-10-503. How costs on appeal claimed. Whenever costs are awarded...

25-10-504. Clerk to include costs in judgment - 25-10-504. Clerk to include costs in judgment. The clerk shall...

Part 6. Security for Costs

25-10-601. Security for costs from nonresident plaintiff - 25-10-601. Security for costs from nonresident plaintiff. When the plaintiff...

25-10-602. Dismissal when security not given - 25-10-602. Dismissal when security not given. After the lapse of...

Part 7. Payment of Costs by Governmental Entities

25-10-701. Public officers not to be personally taxed - 25-10-701. Public officers not to be personally taxed. No officer...

25-10-702. Payment of costs by state - 25-10-702. Payment of costs by state. When the state is...

25-10-703. Payment of costs by county - 25-10-703. Payment of costs by county. When a county is...

25-10-704. through 25-10-710 reserved - 25-10-704 through 25-10-710 reserved.

25-10-711. Award of costs against governmental entity when suit or defense is frivolous or pursued in bad faith - 25-10-711. Award of costs against governmental entity when suit or...

Chapter 11. New Trial

Part 1. General Provisions

25-11-101. New trial defined - 25-11-101. New trial defined. A new trial is a reexamination...

25-11-102. Grounds for new trial - 25-11-102. Grounds for new trial. The former verdict or other...

25-11-103. Grounds after trial by the court - 25-11-103. Grounds after trial by the court. No new trial...

25-11-104. How motion for new trial made - 25-11-104. How motion for new trial made. (1) Motions for...

Chapter 12. Appeal to Supreme Court

Part 1. General Provisions

25-12-101. Exclusive method of review - 25-12-101. Exclusive method of review. A judgment or order in...

25-12-102. Cases in which appeal may be taken - 25-12-102. Cases in which appeal may be taken. A party...

25-12-103. Appeal bonds in civil actions - 25-12-103. Appeal bonds in civil actions. (1) Except as provided...

Chapter 13. Execution of Judgment

Part 1. Right to Enforcement of Judgment

25-13-101. Time limit for issuing execution - 25-13-101. Time limit for issuing execution. (1) The party in...

25-13-102. Repealed - 25-13-102. Repealed. Sec. 18, Ch. 515, L. 2001. History: En....

25-13-103. Execution after death of party - 25-13-103. Execution after death of party. Notwithstanding the death of...

25-13-104. Compelling contribution or repayment -- joint debtor -- surety - 25-13-104. Compelling contribution or repayment -- joint debtor -- surety....

25-13-105. Compelling repayment -- surety on appeal - 25-13-105. Compelling repayment -- surety on appeal. Whenever any surety...

Part 2. Method of Enforcement

25-13-201. Judgments for money or possession of property - 25-13-201. Judgments for money or possession of property. When the...

25-13-202. Judgments requiring the sale of property - 25-13-202. Judgments requiring the sale of property. When the judgment...

25-13-203. Judgments requiring the performance of specific acts - 25-13-203. Judgments requiring the performance of specific acts. (1) When...

25-13-204. Enforcement of order to pay money - 25-13-204. Enforcement of order to pay money. Whenever an order...

25-13-205. Judgments against county or county officer - 25-13-205. Judgments against county or county officer. When a judgment...

25-13-206. through 25-13-210 reserved - 25-13-206 through 25-13-210 reserved.

25-13-211. Notification of seizure - 25-13-211. Notification of seizure. (1) After the sheriff or levying...

25-13-212. Claiming exemption -- process -- time for hearing - 25-13-212. Claiming exemption -- process -- time for hearing. (1)...

25-13-213. Warrant of execution -- requirements -- penalties - 25-13-213. Warrant of execution -- requirements -- penalties. (1) If...

Part 3. Contents of Writ

25-13-301. Form and contents of writ - 25-13-301. Form and contents of writ. (1) The writ of...

25-13-302. Execution against principal debtor before surety - 25-13-302. Execution against principal debtor before surety. Upon the rendition...

25-13-303. Execution when only some of defendants served - 25-13-303. Execution when only some of defendants served. When a...

25-13-304. Execution against property of judgment debtor - 25-13-304. Execution against property of judgment debtor. If the writ...

25-13-305. Execution of lien on real property - 25-13-305. Execution of lien on real property. If the judgment...

25-13-306. Execution against property in hands of representative - 25-13-306. Execution against property in hands of representative. If the...

25-13-307. Execution requiring delivery of possession of property - 25-13-307. Execution requiring delivery of possession of property. If the...

25-13-308. Execution against person of judgment debtor - 25-13-308. Execution against person of judgment debtor. If the writ...

Part 4. Execution and Return of Writ

25-13-401. To whom execution issued - 25-13-401. To whom execution issued. Where the execution is against...

25-13-402. How writ executed - 25-13-402. How writ executed. (1) (a) The sheriff or levying...

25-13-403. Security for costs when property seized - 25-13-403. Security for costs when property seized. If the sheriff...

25-13-404. Return of the execution - 25-13-404. Return of the execution. (1) Except as provided in...

25-13-405. Clerk to record returned execution when levy on real property - 25-13-405. Clerk to record returned execution when levy on real...

25-13-406. through 25-13-410 reserved - 25-13-406 through 25-13-410 reserved.

25-13-411. Repealed - 25-13-411. Repealed. Sec. 3, Ch. 301, L. 1989. History: En....

Part 5. Property Subject to Execution

25-13-501. What property subject to execution - 25-13-501. What property subject to execution. All goods, chattels, moneys,...

25-13-502. Debts owed to judgment debtor - 25-13-502. Debts owed to judgment debtor. After the issuing of...

25-13-503. Property claimed by third persons - 25-13-503. Property claimed by third persons. If personal property levied...

25-13-504. Garnishment of public officers - 25-13-504. Garnishment of public officers. The provisions of 27-18-406, relating...

25-13-505. Personal property subject to a security interest - 25-13-505. Personal property subject to a security interest. Personal property...

25-13-506. Duty of secured party - 25-13-506. Duty of secured party. (1) The secured party under...

Part 6. Property Exempt From Execution

25-13-601. Waiver of exemptions in unsecured note unenforceable - 25-13-601. Waiver of exemptions in unsecured note unenforceable. Any waiver...

25-13-602. Repealed - 25-13-602. Repealed. Sec. 6, Ch. 210, L. 1985. History: En....

25-13-603. Medical care, health, or medical savings account -- bankruptcy -- exemption from attachment or garnishment - 25-13-603. Medical care, health, or medical savings account -- bankruptcy...

25-13-604. and 25-13-605 reserved - 25-13-604 and 25-13-605 reserved.

25-13-606. Protection of property of residents - 25-13-606. Protection of property of residents. A resident of this...

25-13-607. Claim enforceable against exempt property - 25-13-607. Claim enforceable against exempt property. Notwithstanding any other provision...

25-13-608. Property exempt without limitation -- exceptions - 25-13-608. Property exempt without limitation -- exceptions. (1) A judgment...

25-13-609. Personal property exempt subject to value limitations - 25-13-609. Personal property exempt subject to value limitations. A judgment...

25-13-610. Tracing exempt personal property - 25-13-610. Tracing exempt personal property. (1) If money or other...

25-13-611. Repealed - 25-13-611. Repealed. Sec. 11, Ch. 302, L. 1987. History: En....

25-13-612. Repealed - 25-13-612. Repealed. Sec. 11, Ch. 302, L. 1987. History: Ap....

25-13-613. Property necessary to carry out governmental functions - 25-13-613. Property necessary to carry out governmental functions. (1) In...

25-13-614. Earnings of judgment debtor - 25-13-614. Earnings of judgment debtor. (1) Earnings of a judgment...

25-13-615. Homestead - 25-13-615. Homestead. The homestead of a judgment debtor exempt from...

25-13-616. Repealed - 25-13-616. Repealed. Sec. 11, Ch. 302, L. 1987. History: En....

25-13-617. Repealed - 25-13-617. Repealed. Sec. 11, Ch. 302, L. 1987. History: En....

Part 7. Sale on Execution

25-13-701. Notice of sale on execution - 25-13-701. Notice of sale on execution. (1) Before the sale...

25-13-702. Penalty for selling without notice or destruction of notice - 25-13-702. Penalty for selling without notice or destruction of notice....

25-13-703. Postponement of sale - 25-13-703. Postponement of sale. Good cause therefor appearing, the officer...

25-13-704. Conduct of sale - 25-13-704. Conduct of sale. (1) All sales of property under...

25-13-705. Procedure when purchaser refuses to pay - 25-13-705. Procedure when purchaser refuses to pay. If a purchaser...

25-13-706. Rejection of subsequent bids after refusal to pay - 25-13-706. Rejection of subsequent bids after refusal to pay. When...

25-13-707. Liability of officer after resale - 25-13-707. Liability of officer after resale. Sections 25-13-705 and 25-13-706...

25-13-708. Conveyance of personal property capable of manual delivery - 25-13-708. Conveyance of personal property capable of manual delivery. When...

25-13-709. Conveyance of personal property not capable of manual delivery - 25-13-709. Conveyance of personal property not capable of manual delivery....

25-13-710. Real property -- what interest transferred - 25-13-710. Real property -- what interest transferred. Upon a sale...

25-13-711. Real property -- certificate of sale - 25-13-711. Real property -- certificate of sale. (1) Upon a...

25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement - 25-13-712. Property subject to a security interest -- disposition of...

25-13-713. Procedure when sale invalidated -- revival of judgment - 25-13-713. Procedure when sale invalidated -- revival of judgment. (1)...

25-13-714. Validation of defective judicial sales - 25-13-714. Validation of defective judicial sales. All judicial sales of...

Part 8. Redemption of Real Property

25-13-801. Who may redeem -- definition - 25-13-801. Who may redeem -- definition. (1) Property sold subject...

25-13-802. Time for redemption -- amount to be paid - 25-13-802. Time for redemption -- amount to be paid. The...

25-13-803. Subsequent redemptions -- when permitted -- amount paid - 25-13-803. Subsequent redemptions -- when permitted -- amount paid. (1)...

25-13-804. Redemption by stockholder or corporation - 25-13-804. Redemption by stockholder or corporation. (1) If a stockholder...

25-13-805. Redemption by debtor from spouse - 25-13-805. Redemption by debtor from spouse. If the spouse of...

25-13-806. Notice of redemption, liens, and taxes and assessments paid - 25-13-806. Notice of redemption, liens, and taxes and assessments paid....

25-13-807. Papers redemptioner must produce - 25-13-807. Papers redemptioner must produce. A redemptioner shall produce, to...

25-13-808. To whom redemption money paid - 25-13-808. To whom redemption money paid. The payment mentioned in...

25-13-809. Effect of redemption by debtor or debtor's spouse -- certificate of redemption - 25-13-809. Effect of redemption by debtor or debtor's spouse --...

25-13-810. When purchaser entitled to conveyance - 25-13-810. When purchaser entitled to conveyance. If a redemption is...

25-13-811. Who to execute conveyance - 25-13-811. Who to execute conveyance. In all cases when, under...

25-13-812. through 25-13-820 reserved - 25-13-812 through 25-13-820 reserved.

25-13-821. Possession of lands during redemption period - 25-13-821. Possession of lands during redemption period. The purchaser of...

25-13-822. Rents and profits during redemption period -- accounting - 25-13-822. Rents and profits during redemption period -- accounting. (1)...

25-13-823. Restraint of waste during redemption period - 25-13-823. Restraint of waste during redemption period. Until the expiration...

25-13-824. Enjoining injury to property after sale and before conveyance - 25-13-824. Enjoining injury to property after sale and before conveyance....

25-13-825. Damages for injury to property after sale and before conveyance - 25-13-825. Damages for injury to property after sale and before...

Part 9. Disposal of Foreclosed Agricultural Land (Terminated)

25-13-901. Terminated - 25-13-901. Terminated. Sec. 6, Ch. 472, L. 1987. History: En....

25-13-902. Terminated - 25-13-902. Terminated. Sec. 6, Ch. 472, L. 1987. History: En....

25-13-903. Terminated - 25-13-903. Terminated. Sec. 6, Ch. 472, L. 1987. History: En....

25-13-904. Terminated - 25-13-904. Terminated. Sec. 6, Ch. 472, L. 1987. History: En....

Chapter 14. Proceedings in Aid of Execution

Part 1. Proceedings to Determine Availability of Property

25-14-101. Debtor to answer concerning debtor's property when execution unsatisfied - 25-14-101. Debtor to answer concerning debtor's property when execution unsatisfied....

25-14-102. Procedure when debtor withholding property from execution -- arrest - 25-14-102. Procedure when debtor withholding property from execution -- arrest....

25-14-103. Debtors of judgment debtor and those holding debtor's property to answer - 25-14-103. Debtors of judgment debtor and those holding debtor's property...

25-14-104. Procedure when debt to or ownership of judgment debtor denied - 25-14-104. Procedure when debt to or ownership of judgment debtor...

25-14-105. Requiring witnesses to testify - 25-14-105. Requiring witnesses to testify. Witnesses may be required to...

25-14-106. Immunity of witnesses to criminal proceedings - 25-14-106. Immunity of witnesses to criminal proceedings. A party or...

25-14-107. Order to apply property to satisfaction of judgment - 25-14-107. Order to apply property to satisfaction of judgment. The...

25-14-108. Contempt to disobey referee's orders - 25-14-108. Contempt to disobey referee's orders. If any person, party,...

Part 2. Appointment of Receiver

25-14-201. Appointment of receiver -- notice - 25-14-201. Appointment of receiver -- notice. At any time after...

25-14-202. Order appointing receiver to be filed - 25-14-202. Order appointing receiver to be filed. An order appointing...

25-14-203. Oath and undertaking - 25-14-203. Oath and undertaking. The receiver must take and subscribe...

25-14-204. When property vests in receiver - 25-14-204. When property vests in receiver. The property of the...

25-14-205. Relation back of receiver's title - 25-14-205. Relation back of receiver's title. (1) When the receiver's...

Part 3. Discharge of Imprisoned Judgment Debtor

25-14-301. Persons imprisoned to be discharged - 25-14-301. Persons imprisoned to be discharged. Any person confined in...

25-14-302. Notice of application for discharge - 25-14-302. Notice of application for discharge. A person referred to...

25-14-303. Service of notice - 25-14-303. Service of notice. The notice specified in 25-14-302 must...

25-14-304. Hearing on application - 25-14-304. Hearing on application. At the time and place specified...

25-14-305. Interrogatories directed to prisoner by plaintiff - 25-14-305. Interrogatories directed to prisoner by plaintiff. The plaintiff in...

25-14-306. Prisoner to take oath - 25-14-306. Prisoner to take oath. If, upon the examination, the...

25-14-307. Order of discharge - 25-14-307. Order of discharge. After administering the oath in 25-14-306,...

25-14-308. Reapplication for discharge - 25-14-308. Reapplication for discharge. If the judge does not discharge...

25-14-309. Effect of discharge - 25-14-309. Effect of discharge. The prisoner, after being discharged, is...

25-14-310. Judgment unaffected - 25-14-310. Judgment unaffected. The judgment against a prisoner who is...

25-14-311. Discharge at instance of plaintiff - 25-14-311. Discharge at instance of plaintiff. The plaintiff in the...

25-14-312. Discharge upon failure of plaintiff to advance money for support of prisoner - 25-14-312. Discharge upon failure of plaintiff to advance money for...

Chapter 15. Liability of Joint Debtors

Part 1. Applying Judgment to Joint Debtor

25-15-101. Summoning joint debtor not originally served - 25-15-101. Summoning joint debtor not originally served. When a judgment...

25-15-102. Content and service of summons - 25-15-102. Content and service of summons. The summons, as provided...

25-15-103. Affidavit to accompany summons -- new complaint unnecessary - 25-15-103. Affidavit to accompany summons -- new complaint unnecessary. The...

25-15-104. Answer -- time for filing -- contents - 25-15-104. Answer -- time for filing -- contents. Upon the...

25-15-105. What constitute pleadings - 25-15-105. What constitute pleadings. If the defendant in the answer...

25-15-106. Trial of issues -- limit on verdict - 25-15-106. Trial of issues -- limit on verdict. The issues...

Part 2. Discharge of Joint Debtor

25-15-201. Discharge of one joint debtor - 25-15-201. Discharge of one joint debtor. Any joint debtor, including...

25-15-202. Effect of discharge -- right of contribution - 25-15-202. Effect of discharge -- right of contribution. Except as...

Chapter 19. Uniform District Court Rules

Part 1. Rules

Rule 1. Form of Papers Presented for Filing - Rule 1 - Form of Papers Presented for Filing. (a)...

Rule 2. Motions - Rule 2 - Motions. (a) Prerequisites to Filing a Motion....

Rule 3. Ex Parte Matters - Rule 3 - Ex Parte Matters. Except as otherwise provided...

Rule 4. Filing of Discovery - Rule 4 - Filing of Discovery. (a) Depositions upon oral...

Rule 5. Pre-Trial Order and Pre-Trial Conference - Rule 5 - Pre-Trial Order and Pre-Trial Conference. (a) Pre-trial....

Rule 6. Simplified Procedure for Civil Actions - Rule 6 - Simplified Procedure for Civil Actions. (a) The...

Rule 7. Jury Instructions and Verdict Forms - Rule 7 - Jury Instructions and Verdict Forms. (a) Submission....

Rule 8. Findings and Conclusions - Rule 8 - Findings and Conclusions. Unless ordered otherwise, in...

Rule 9. Juror Questionnaire - Rule 9 - Juror Questionnaire. (a) All jurors are requested...

Rule 10. Death or Removal of Attorney - Rule 10 - Death or Removal of Attorney. (a) Whenever...

Rule 11. Judgments and Decrees - Rule 11 - Judgments and Decrees. Whenever a judgment or...

Rule 12. Exhibits - Rule 12 - Exhibits. (a) Every exhibit placed on file...

Rule 13. Regulation of Attorneys not Admitted to Practice in Montana - Rule 13 - Regulation of Attorneys not Admitted to Practice...

Rule 14. Chief District Judge - Rule 14 - Chief District Judge. (a) In a multijudge...

Rule 15. Local Rules Allowed - Rule 15 - Local Rules Allowed. Nothing in these Rules...

Rule 16. Attorney's Copied or Electronically-Generated Signature - Rule 16 - Attorney's Copied or Electronically-Generated Signature. (a) An...

Chapter 20. Rules of Civil Procedure

Part I. Scope of Rules; Form of Action

Rule 1. Scope of Rules - Rule 1. Scope of Rules. These rules govern the procedure...

Rule 2. One form of Action - Rule 2. One form of Action. There is one form...

Part II. Commencing an Action; Service of Process, Pleadings, Motions, and Orders

Rule 3. Commencing an Action - Rule 3. Commencing an Action. A civil action is commenced...

Rule 4. Persons Subject to Jurisdiction; Process; Service - Rule 4. Persons Subject to Jurisdiction; Process; Service. (a) Definition...

Rule 4.1. Limited Representation Permitted -- Process - Rule 4.1. Limited Representation Permitted -- Process. (a) In accordance...

Rule 4.2. Notice of Limited Appearance and Withdrawal as Attorney - Rule 4.2. Notice of Limited Appearance and Withdrawal as Attorney....

Rule 5. Serving and Filing Pleadings and other Papers - Rule 5. Serving and Filing Pleadings and other Papers. (a)...

Rule 5.1. Constitutional Challenge to a Statute -- Notice and Intervention - Rule 5.1. Constitutional Challenge to a Statute -- Notice and...

Rule 5.2. Privacy Protection for Filings Made With the Court - Rule 5.2. Privacy Protection for Filings Made With the Court....

Rule 6. Computing and Extending Time; Time for Motion Papers - Rule 6. Computing and Extending Time; Time for Motion Papers....

Part III. Pleadings and Motions

Rule 7.. Pleadings Allowed; Form of Motions and Other Papers - Rule 7. Pleadings Allowed; Form of Motions and Other Papers....

Rule 7.1. Disclosure Statement - Rule 7.1. Disclosure Statement. (a) Who Must File; Contents. A...

Rule 8. General Rules of Pleading - Rule 8. General Rules of Pleading. (a) Claim for Relief....

Rule 9. Pleading Special Matters - Rule 9. Pleading Special Matters. (a) Capacity or Authority to...

<< Previous

Next >>

Montana Code Annotated Title 25. Civil Procedure

Montana Code Annotated
Title 25. Civil Procedure