Mont. Code Ann. § 27-34-111 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-111
27-34-111 Construction
Status: in_force

27-34-111 . Construction. This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association guaranteed by the United States constitution or the Montana constitution.
Mont. Code Ann. § 27-6-606 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-606
27-6-606 Decision not binding -- settlement agreements -- nonbinding mediation
Status: in_force

27-6-606 . Decision not binding -- settlement agreements -- nonbinding mediation. (1) The panel's decision is without administrative or judicial authority and is not binding upon any party.

(2) The panel may recommend an award, approve settlement agreements, and discuss the settlement agreements, all in a manner consistent with this part. All approved settlement agreements are binding on the parties.

(3) If the panel decides both questions required by 27-6-602 in the affirmative, the court in which the complaint is filed shall, at the request of a party, require the parties to participate in court-supervised, nonbinding mediation prior to proceeding.
Mont. Code Ann. § 27-16-1002 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1002
27-16-1002 Plaintiff's affidavit and undertaking
Status: in_force

27-16-1002 . Plaintiff's affidavit and undertaking. Before an order of arrest can be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of the party or some other person, the facts upon which the application is founded. The plaintiff shall also execute and deliver to the justice a written undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant and all damages that the defendant may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking.
Mont. Code Ann. § 27-18-409 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-409
27-18-409 Investment securities and stocks
Status: in_force

27-18-409 . Investment securities and stocks. Investment securities, as defined in the Uniform Commercial Code, may be attached or levied upon only by seizure by the officer making the attachment or levy; provided that such a security which has been surrendered to the issuer may be attached or levied upon by leaving with the president or other head of the same or the secretary, cashier, or other managing agent thereof a copy of the writ and a notice stating that the security of the defendant is attached in pursuance of such writ. Stocks or shares or interest in stocks or shares of any corporation or company, other than such investment securities, may be attached either by seizure or by leaving with the president or other head of the same or the secretary, cashier, or other managing agent thereof a copy of the writ and a notice stating that the stock or interest of the defendant is attached in pursuance of such writ.
Mont. Code Ann. § 27-17-303 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-303
27-17-303 Exception to plaintiff's sureties -- justification -- liability of sheriff
Status: in_force

27-17-303 . Exception to plaintiff's sureties -- justification -- liability of sheriff. The defendant may, within 2 days after service of a copy of the affidavit and undertaking, give notice to the sheriff that the defendant takes exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections to the sureties. When the defendant takes exception, the sureties must justify on notice in like manner as upon bail on arrest and the sheriff is responsible for the sufficiency of the sureties until the objection to them is waived, as provided in this section, or until they justify. If the defendant takes exception to the sureties, the defendant cannot claim the property, as provided in 27-17-304 .
Mont. Code Ann. § 27-17-102 — MT Code / Title 27 / Chapter 17 / Part 1 / Section 27-17-102
27-17-102 Claim and delivery in justice's court
Status: in_force

27-17-102 . Claim and delivery in justice's court. Parts 2, 3, and 4 of this chapter and Rule 55(b)(2), M.R.Civ.P., are applicable to a claim to recover personal property when made in justices' courts, and the powers given in those statutes and rules and the duties imposed on sheriffs are extended to constables and the word "justice" is substituted for "judge". The justice, instead of the plaintiff or the plaintiff's attorney, may, by an endorsement in writing upon the affidavit, order the sheriff or constable to take the property mentioned in the affidavit.
Mont. Code Ann. § 27-1-521 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-521
27-1-521 Private right of action
Status: in_force

27-1-521 . Private right of action. (1) A minor who attends a performance in violation of 45-8-118 or 20-7-135 may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance. The minor's parent or legal guardian may bring an action in the name of the minor for an action commenced under this section.

(2) If a person prevails in an action brought under this section, the court shall award:

(a) actual damages, including damages for psychological, emotional, economic, and physical harm;

(b) reasonable attorney fees and costs incurred in bringing the action; and

(c) statutory damages of $5,000.

(3) A person may bring an action under this section not later than 10 years from the date the cause of action accrues.
Mont. Code Ann. § 27-16-601 — MT Code / Title 27 / Chapter 16 / Part 6 / Section 27-16-601
27-16-601 Deposit of money by defendant with sheriff
Status: in_force

27-16-601 . Deposit of money by defendant with sheriff. The defendant may, at the time of arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. If the amount of bail is reduced, as provided in this chapter, the defendant may deposit the amount instead of giving bail. In either case, the sheriff shall give the defendant a certificate of the deposit made, and the defendant must be discharged from custody.
Mont. Code Ann. § 27-1-710 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-710
27-1-710 Civil liability for injuries involving alcohol consumption
Status: in_force

27-1-710 . Civil liability for injuries involving alcohol consumption. (1) The purpose of this section is to set statutory criteria governing the civil liability of a person or entity that furnishes an alcoholic beverage for injury or damage arising from an event involving the person who consumed the beverage.

(2) Except as provided in this section, a person or entity that furnishes alcoholic beverages may not be found civilly liable under any other statute, theory of recovery, or common law claim for injury or damages arising from an event involving the person who was served or who consumed the beverage.

(3) A person or entity furnishing an alcoholic beverage may not be found civilly liable for injury or damage arising from an event involving the consumer wholly or partially on the basis of a licensing status under Title 16 or a provision or violation of a provision of Title 16.

(4) Furnishing a person with an alcoholic beverage is not a cause of, or grounds for finding the furnishing person or entity liable for, injury or damage wholly or partly arising from an event involving the person who consumed the beverage unless:

(a) the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age;

(b) the consumer was visibly intoxicated when furnished the alcoholic beverage; or

(c) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.

(5) In determining the cause of injuries or damages inflicted on another by the consumer of an alcoholic beverage, in addition to other admissible evidence, a jury or trier of fact shall consider:

(a) the consumption of the alcoholic beverage;

(b) the actions of the consumer;

(c) the negligence of the person allegedly harmed by the consumer;

(d) the visible and audible intoxication indicators actually observed by the person furnishing the alcoholic beverage to the consumer, including but not limited to bloodshot eyes, loud and boisterous behavior, fighting behavior, stumbling, and slurred speech; and

(e) independent intervening cause or multiple causes.

(6) Because a furnishing person or entity can perceive only visual or audible indicators of intoxication, when determining liability under subsection (4)(b), a jury or trier of fact may not consider:

(a) a hypothetical blood alcohol level in any way to impute that the server observed visibly intoxicated behavior of the consumer prior to service;

(b) an actual blood alcohol level in any way to impute that the server observed visibly intoxicated behavior of the consumer prior to service;

(c) the signs of visible intoxication displayed by the consumer after the furnishing of the alcoholic beverage;

(d) the conduct of the furnishing person or entity after the furnishing of the alcoholic beverage; or

(e) whether the furnishing person or entity holds special events, alcohol specials, happy hours, or similar events or activities.

(7) A civil action may not be brought pursuant to subsection (4) by:

(a) a passenger over 18 years of age in the consumer's car or by the passenger's estate, legal guardian, or dependent; or

(b) the consumer or by the consumer's estate, legal guardian, or dependent unless:

(i) the consumer was under the legal age and the furnishing person knew or should have known that the consumer was underage; or

(ii) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol while knowing that it did contain alcohol.

(8) A civil action may not be commenced under this section against a person or entity who furnished alcohol to the consumer unless the person bringing the civil action provides notice of an intent to file the action to the person or entity who furnished the alcohol by certified mail within 180 days from the date of sale or service. The civil action must be commenced pursuant to this section within 2 years after the sale or service.

(9) Notice made pursuant to subsection (8) must include the date, time, and circumstances of the event involving the consumer along with the alleged visual or audible indicators of visible intoxication observed by the furnishing party prior to service to the consumer. The person providing the notice must have a reasonable basis in law and fact that an exception described in subsections (4)(a) through (4)(c) has occurred before sending the notice.

(10) In any civil action brought pursuant to this section, the total liability for noneconomic damages for all claimants may not exceed $250,000 for each event.

(11) In any civil action brought pursuant to this section, the total liability for punitive damages may not exceed $250,000. Service to a visibly intoxicated consumer is not enough to assess punitive damages against the person or entity furnishing the alcoholic beverage to the consumer. Conduct must be shown that meets the criteria in 27-1-221 .

(12) Evidence of intentional or criminal activity by a person causing injury in connection with any event or injury commenced pursuant to this part is admissible in any action brought pursuant to this section.
Mont. Code Ann. § 27-1-214 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-214
27-1-214 Waiver of interest by accepting principal
Status: in_force

27-1-214 . Waiver of interest by accepting principal. Accepting payment of the whole principal, as such, waives all claim to interest.
Mont. Code Ann. § 27-2-209 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-209
27-2-209 Actions against local government or local government official
Status: in_force

27-2-209 . Actions against local government or local government official. (1) The period prescribed for the commencement of an action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in that person's official capacity and in virtue of that person's office or by the omission of an official duty, including the nonpayment of money collected upon an execution, is within 3 years, except that this subsection does not apply to an action for an escape.

(2) The period prescribed for the commencement of an action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process is within 1 year.

(3) Actions for claims against a county that have been rejected by the county commissioners must be commenced within 6 months after the first rejection.

(4) The period prescribed for the commencement of an action against a municipality for damages or injuries to property caused by a mob or riot is within 1 year.

(5) The period prescribed for the commencement of an action against a municipality arising from a decision of the municipality relating to a land use, construction, or development project is 6 months from the date of the written decision.
Mont. Code Ann. § 27-5-322 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-322
27-5-322 Jurisdiction of district court
Status: in_force

27-5-322 . Jurisdiction of district court. The making of an agreement described in 27-5-114 providing for arbitration in this state confers jurisdiction on the district court to enforce the agreement under this chapter and to enter judgment on an award under the agreement.
Mont. Code Ann. § 27-2-214 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-214
27-2-214 Actions for mesne profits of real property
Status: in_force

27-2-214 . Actions for mesne profits of real property. The period prescribed for the commencement of an action for mesne profits of real property is within 10 years.
Mont. Code Ann. § 27-6-502 — MT Code / Title 27 / Chapter 6 / Part 5 / Section 27-6-502
27-6-502 Conduct of hearing
Status: in_force

27-6-502 . Conduct of hearing. (1) At the time set for hearing, the claimant submitting the case for review must be present and shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The health care provider against whom the claim is brought and the health care provider's attorney may be present and may make an introductory statement of the health care provider's case.

(2) Both parties may call witnesses to testify before the panel, and the witnesses must be sworn. Medical texts, journals, studies, and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of facts by treating health care providers may be reviewed.

(3) The hearing must be informal, and an official transcript may not be made.
Mont. Code Ann. § 27-6-702 — MT Code / Title 27 / Chapter 6 / Part 7 / Section 27-6-702
27-6-702 Tolling of statute of limitations
Status: in_force

27-6-702 . Tolling of statute of limitations. The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in the application as necessary or proper parties for any court action that might subsequently arise out of the same factual circumstances set forth in the application. The running of the applicable limitation period does not begin again until 30 days after either an order of dismissal, with or without prejudice against refiling, is issued from the panel presiding officer, or from the director upon the consent of the parties to the claim, or after the panel's final decision, whichever occurs first, is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney if represented by counsel, by certified mail.
Mont. Code Ann. § 27-1-512 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-512
27-1-512 Action by parent or guardian for injury to child or ward
Status: in_force

27-1-512 . Action by parent or guardian for injury to child or ward. Either parent may maintain an action for the injury to a minor child and a guardian for injury to a ward when the injury is caused by the wrongful act or neglect of another. The action may be maintained against the person causing the injury or, if the person is employed by another person who is responsible for the causing person's conduct, also against the other responsible person.
Mont. Code Ann. § 27-8-301 — MT Code / Title 27 / Chapter 8 / Part 3 / Section 27-8-301
27-8-301 Necessary parties
Status: in_force

27-8-301 . Necessary parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
Mont. Code Ann. § 27-8-312 — MT Code / Title 27 / Chapter 8 / Part 3 / Section 27-8-312
27-8-312 Review of orders and judgments
Status: in_force

27-8-312 . Review of orders and judgments. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
Mont. Code Ann. § 27-28-201 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-201
27-28-201 Leave to file complaint
Status: in_force

27-28-201 . Leave to file complaint. Upon application for leave to file a complaint, the court or judge may direct notice thereof to be given to the defendant previous to granting such leave and may hear the defendant in opposition thereto; and if leave be granted, an entry thereof shall be made on the minutes of the court or the fact shall be endorsed by the judge on the complaint, which shall then be filed.
Mont. Code Ann. § 27-17-101 — MT Code / Title 27 / Chapter 17 / Part 1 / Section 27-17-101
27-17-101 When plaintiff may claim delivery
Status: in_force

27-17-101 . When plaintiff may claim delivery. The plaintiff in an action to recover possession of personal property may, at the time of issuing summons or at any time after issuing summons and before answer, claim the delivery of the property, as provided in this chapter.
Mont. Code Ann. § 27-2-301 — MT Code / Title 27 / Chapter 2 / Part 3 / Section 27-2-301
27-2-301 When demand necessary to perfect right to action
Status: in_force

27-2-301 . When demand necessary to perfect right to action. Where a right exists but a demand is necessary to entitle a person to maintain an action, the time within which the action must be commenced must be computed from the time when the demand is made, except where the right grows out of the receipt or detention of money or property by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time when the person having the right to make the demand has actual knowledge of the facts upon which that right depends.
Mont. Code Ann. § 27-1-748 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-748
27-1-748 Limitation of liability -- firearm hold agreement -- definition
Status: in_force

27-1-748 . Limitation of liability -- firearm hold agreement -- definition. (1) No cause of action may arise against an individual or a private entity for returning a firearm to the firearm owner at the termination of a firearm hold agreement.

(2) The immunity provided in subsection (1) does not apply to an action arising from a firearm hold agreement if the action was the result of otherwise unlawful conduct on the part of the individual or private entity holding a firearm for another individual.

(3) As used in this section, "firearm hold agreement" means a written or oral agreement between a firearm owner and another individual or a private entity in which the other individual or private entity takes physical possession of the firearm owner's lawfully possessed firearm at the owner's request, holds the firearm for an agreed period of time, and returns the firearm to the owner according to the terms of the agreement.
Mont. Code Ann. § 27-12-605 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-605
27-12-605 Decision to be filed and copies sent to parties and attorneys
Status: in_force

27-12-605 . Decision to be filed and copies sent to parties and attorneys. A copy of the decision must be given to the parties and their attorneys and retained in the permanent files of the panel.
Mont. Code Ann. § 27-1-820 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-820
27-1-820 Content of correction
Status: in_force

27-1-820 . Content of correction. To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction constitutes a correction; otherwise the publication or broadcast of the defamed person's statement of the true facts or so much of the statement that is not defamatory of another, scurrilous, or otherwise improper for publication or broadcast, published or broadcast as the defamed person's statement, constitutes a correction within the meaning of 27-1-818 through 27-1-821 .
Mont. Code Ann. § 27-6-308 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-308
27-6-308 Director to furnish panel members with documents
Status: in_force

27-6-308 . Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall furnish to each panel member copies of all claims, briefs, medical, podiatric, or dental records, and other documents that the director considers necessary.
Mont. Code Ann. § 27-1-213 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-213
27-1-213 Validity of interest rate set by contract
Status: in_force

27-1-213 . Validity of interest rate set by contract. Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.
Mont. Code Ann. § 27-1-728 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-728
27-1-728 Mule and horseracing -- exception
Status: in_force

27-1-728 . Mule and horseracing -- exception. Sections 27-1-725 through 27-1-727 do not apply to the horseracing and mule racing industry as regulated in Title 23, chapter 4.
Mont. Code Ann. § 27-16-302 — MT Code / Title 27 / Chapter 16 / Part 3 / Section 27-16-302
27-16-302 When order vacated or bail reduced
Status: in_force

27-16-302 . When order vacated or bail reduced. If, upon such application, it satisfactorily appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it satisfactorily appears that the bail was fixed too high, the amount shall be reduced.
Mont. Code Ann. § 27-1-731 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-731
27-1-731 Individual immunity for and indemnification of ditch company employees -- definitions
Status: in_force

27-1-731 . Individual immunity for and indemnification of ditch company employees -- definitions. (1) As used in this section:

(a) "ditch company" means a private, not-for-profit irrigation ditch or water user cooperative, corporation, association, or organization;

(b) "employee" means a director, officer, or employee of a ditch company.

(2) An employee of a ditch company is not individually liable for actions and omissions within the course and scope of the employee's employment or position, except as provided in subsection (6). The immunity granted by this subsection does not apply to the liability of a not-for-profit cooperative, corporation, association, or organization.

(3) Upon receiving service of a summons and complaint in an action against the employee, the employee shall give written notice to the employee's supervisor requesting that a defense to the action be provided by the ditch company. If the employee does not have a supervisor, the employee shall give notice of the action to the attorney of the ditch company defending legal actions of that type. Except as provided in subsection (6), the ditch company shall offer a defense to the action on behalf of the employee. The defense may consist of a defense provided directly by the ditch company. The ditch company shall notify the employee, within 15 days after receipt of notice, whether a direct defense will be provided. If the ditch company refuses or is unable to provide a direct defense, the employee may retain other counsel. Except as provided in subsection (6), the ditch company shall pay all expenses relating to the retained defense and pay any judgment for damages entered in the action that may otherwise be payable under this section.

(4) The employee must be indemnified by the ditch company for any money judgments or legal expenses, including attorney fees either incurred by the employee or awarded to the claimant, or both, to which the employee may be subject as a result of the suit unless the employee's conduct falls within the exclusions provided in subsection (6).

(5) Recovery against a ditch company is a complete bar to any action or recovery of damages by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act, error, or omission or other actionable conduct gave rise to the claim. In an action against a ditch company, the employee whose conduct gave rise to the suit is immune from liability by reasons of the same subject matter if the ditch company acknowledges or is bound by a judicial determination that the conduct upon which the claim is brought arises out of the course and scope of the employee's employment unless the claim constitutes an exclusion provided in subsections (6)(b) through (6)(d).

(6) The employee may not be defended or indemnified by the ditch company for any money judgments or legal expenses, including attorney fees, to which the employee may be subject as a result of the suit if a judicial determination is made that:

(a) the conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason does not arise out of the course and scope of the employee's employment or position;

(b) the conduct of the employee is a criminal offense as defined in Title 45, chapters 4 through 7;

(c) the employee compromised or settled the claim without the consent of the ditch company; or

(d) the employee failed or refused to cooperate reasonably in the defense of the case.

(7) If a judicial determination has not been made applying the exclusions provided in subsection (6), the ditch company may determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions of subsection (6) apply and the ditch company concludes it should clarify its obligation to the employee arising under this section by commencing a declaratory judgment action or other legal action, the ditch company is obligated to provide a defense or assume the cost of the defense of the employee until a final judgment is rendered in the action holding that the ditch company had no obligation to defend the employee. The ditch company has no obligation to provide a defense to the employee in a declaratory judgment action or other legal action brought against the employee by the ditch company under this subsection.
Mont. Code Ann. § 27-19-320 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-320
27-19-320 Secure construction site -- provide for safety
Status: in_force

27-19-320 . Secure construction site -- provide for safety. If the court grants a preliminary injunction or restraining order and the party against whom the injunction or restraining order is asserted is performing construction work, remodeling or renovating a property, or constructing a structure, building, or improvement, the court shall:

(1) allow the party who is enjoined or restrained to protect the property from damage; and

(2) provide for the safety of the property and any construction work on the property.
Mont. Code Ann. § 27-20-304 — MT Code / Title 27 / Chapter 20 / Part 3 / Section 27-20-304
27-20-304 Removal of receiver
Status: in_force

27-20-304 . Removal of receiver. The court may at any time remove a receiver.
Mont. Code Ann. § 27-17-207 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-207
27-17-207 Seizure when part of property cannot be found
Status: in_force

27-17-207 . Seizure when part of property cannot be found. The sheriff must take a less number or quantity if the whole of the property described in the affidavit cannot be found.
Mont. Code Ann. § 27-28-306 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-306
27-28-306 Rights of prevailing party to take office and demand books and papers
Status: in_force

27-28-306 . Rights of prevailing party to take office and demand books and papers. If judgment is rendered in favor of the person alleged to be entitled to an office, the person may, after taking the oath of office and executing any official bond required by law, take upon the person the execution of the office and the person shall immediately upon taking the office demand of the defendant all the books and papers in the defendant's custody or within the defendant's power pertaining to the office from which the defendant has been ousted.
Mont. Code Ann. § 27-26-102 — MT Code / Title 27 / Chapter 26 / Part 1 / Section 27-26-102
27-26-102 When and by whom issued
Status: in_force

27-26-102 . When and by whom issued. (1) A writ of mandamus may be issued by the supreme court or the district court or any judge of the district court to any lower tribunal, corporation, board, or person to compel the performance of an act that the law specially enjoins as a duty resulting from an office, trust, or station or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled and from which the party is unlawfully precluded by the lower tribunal, corporation, board, or person.

(2) The writ must be issued in all cases in which there is not a plain, speedy, and adequate remedy in the ordinary course of law.
Mont. Code Ann. § 27-12-203 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-203
27-12-203 Compensation of panel members and staff
Status: in_force

27-12-203 . Compensation of panel members and staff. (1) Each member of the panel must be paid a salary of $40 an hour, under guidelines promulgated by the Montana supreme court.

(2) Each member of the panel, the director, and the director's staff are entitled to travel expenses incurred while on the business of the panel, as provided in 2-18-501 through 2-18-503 . The director shall approve the expenses before payment is made.
Mont. Code Ann. § 27-30-205 — MT Code / Title 27 / Chapter 30 / Part 2 / Section 27-30-205
27-30-205 Liability for public nuisance
Status: in_force

27-30-205 . Liability for public nuisance. (1) A person may be subject to a public nuisance cause of action only if that person proximately caused the public nuisance at the time the public nuisance was created, which includes controlling, or instructing another person to engage in, the activity that proximately caused the public nuisance.

(2) Every successive owner of property who neglects to abate a continuing public nuisance upon or in the use of the property that was created by a former owner is liable for the public nuisance in the same manner as the one who first created it.

(3) No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.
Mont. Code Ann. § 27-18-702 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-702
27-18-702 When writ quashed
Status: in_force

27-18-702 . When writ quashed. At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:

(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or

(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.
Mont. Code Ann. § 27-8-204 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-204
27-8-204 Declarations concerning administration of trusts and estates
Status: in_force

27-8-204 . Declarations concerning administration of trusts and estates. A person interested as or through an executor, administrator, trustee, guardian, other fiduciary, creditor, devisee, heir, or cestui que trust in the administration of a trust or of the estate of a decedent, minor, person committed pursuant to 53-21-127 , or insolvent person may have a declaration of rights or legal relations:

(1) to ascertain any class of creditors, devisees, heirs, or others;

(2) to direct the executors, administrators, or trustees to do or abstain from doing a particular act in their fiduciary capacity; or

(3) to determine a question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Mont. Code Ann. § 27-8-103 — MT Code / Title 27 / Chapter 8 / Part 1 / Section 27-8-103
27-8-103 Uniformity of interpretation
Status: in_force

27-8-103 . Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
Mont. Code Ann. § 27-6-103 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-103
27-6-103 Definitions
Status: in_force

27-6-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Dentist" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the assessment:

(i) has as the individual's principal residence or place of dental practice the state of Montana;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of dentistry; or

(b) for all other purposes, a person licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of dental practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render dental services and whose shareholders, partners, or owners were individual dentists licensed to practice dentistry under the provisions of Title 37, chapter 4.

(2) (a) "Health care facility" means a facility licensed as a health care facility under Title 50, chapter 5.

(b) For the purposes of this chapter, a health care facility does not include:

(i) an end-stage renal dialysis facility;

(ii) a home infusion therapy agency;

(iii) a residential care facility; or

(iv) a governmental infirmary, except a university or college infirmary.

(3) "Health care provider" means a physician, a dentist, a podiatrist, or a health care facility.

(4) "Hospital" means a hospital as defined in 50-5-101 .

(5) "Malpractice claim" means a claim or potential claim of a claimant against a health care provider for medical or dental treatment, lack of medical or dental treatment, or other alleged departure from accepted standards of health care that proximately results in damage to the claimant, whether the claimant's claim or potential claim sounds in tort or contract, and includes but is not limited to allegations of battery or wrongful death.

(6) "Panel" means the Montana medical legal panel provided for in 27-6-104 .

(7) "Physician" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the assessment:

(i) has as the individual's principal residence or place of medical practice the state of Montana or practices telemedicine as defined in 37-3-102 ;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of medicine; or

(b) for all other purposes, a person licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of medical practice the state of Montana or practiced telemedicine as defined in 37-3-102 and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render medical services and whose shareholders, partners, or owners were individual physicians licensed to practice medicine under the provisions of Title 37, chapter 3.

(8) "Podiatrist" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the assessment:

(i) has as the individual's principal residence or place of podiatric practice the state of Montana;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of podiatry; or

(b) for all other purposes, a person licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of podiatric practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render podiatric services and whose shareholders, partners, or owners were individual podiatrists licensed to practice podiatry under the provisions of Title 37, chapter 6.
Mont. Code Ann. § 27-1-714 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-714
27-1-714 Limits on liability for emergency care rendered at scene of accident or emergency
Status: in_force

27-1-714 . Limits on liability for emergency care rendered at scene of accident or emergency. (1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, any search and rescue volunteer, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by the person in rendering the emergency care or assistance.

(2) Subsection (1) includes:

(a) a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for the volunteer services does not exceed 25% of the person's gross annual income or $3,000 a calendar year, whichever is greater. Reimbursement for search and rescue expenses is not compensation for purposes of this section.

(b) a member of the army national guard or air national guard acting in an official capacity.

(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, the refusal does not constitute gross negligence or a willful or wanton act or omission.
Mont. Code Ann. § 27-17-307 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-307
27-17-307 Procedure for qualification and justification of sureties
Status: in_force

27-17-307 . Procedure for qualification and justification of sureties. The qualification of sureties and their justification shall be such as are prescribed by chapter 16 in respect to bail upon an order of arrest.
Mont. Code Ann. § 27-18-711 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-711
27-18-711 Motion to discharge writ improperly issued
Status: in_force

27-18-711 . Motion to discharge writ improperly issued. The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
Mont. Code Ann. § 27-32-301 — MT Code / Title 27 / Chapter 32 / Part 3 / Section 27-32-301
27-32-301 Judgment
Status: in_force

27-32-301 . Judgment. If the court is satisfied by competent evidence of the sufficiency of the petition that the applicant is a citizen of the United States, that the applicant has been a citizen of the state of Montana for 1 year preceding the filing of the petition and of the county for more than 90 days preceding the filing of the petition, and that the applicant's date of birth is proven, then the court shall render judgment accordingly and that judgment must constitute conclusive evidence of the date of the birth of the applicant.
Mont. Code Ann. § 27-1-819 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-819
27-1-819 What constitutes a reasonable time for correction
Status: in_force

27-1-819 . What constitutes a reasonable time for correction. The first issue of a newspaper, magazine, or periodical published after the expiration of 1 week from the receipt of the notice provided for in 27-1-818 is within a reasonable time for correction. In the case of radio and television stations and cable television systems, a broadcast made at the same time of day as the broadcast complained of and of at least equal duration which is made within 7 days following receipt of such notice is within a reasonable time for correction.
Mont. Code Ann. § 27-2-409 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-409
27-2-409 Acknowledgment of debt or part payment
Status: in_force

27-2-409 . Acknowledgment of debt or part payment. (1) An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.

(2) An acknowledgment must be contained in some writing signed by the party to be charged thereby.

(3) Part payment is any payment of principal or interest.
Mont. Code Ann. § 27-16-1006 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1006
27-16-1006 Defense against order of arrest
Status: in_force

27-16-1006 . Defense against order of arrest. The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the facts, the order of arrest must be dismissed and the defendant may proceed upon the undertaking of the plaintiff for damages occasioned by the arrest. The defendant may apply to the court to be discharged from arrest upon the ground of the insufficiency of the papers on which the order of arrest was granted.
Mont. Code Ann. § 27-20-301 — MT Code / Title 27 / Chapter 20 / Part 3 / Section 27-20-301
27-20-301 Oath and undertaking to faithfully discharge duties
Status: in_force

27-20-301 . Oath and undertaking to faithfully discharge duties. Before beginning the duties as receiver, the receiver must be sworn to perform the duties faithfully and shall execute an undertaking, with one or more sureties approved by the court or judge, to the person and in an amount that the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court in the action. The court may at any time direct the receiver to give new bonds with new sureties with the same effect.
Mont. Code Ann. § 27-26-304 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-304
27-26-304 Applicant's response to answer
Status: in_force

27-26-304 . Applicant's response to answer. On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may contradict it by proof, either in direct denial or by way of avoidance.
Mont. Code Ann. § 27-31-103 — MT Code / Title 27 / Chapter 31 / Part 1 / Section 27-31-103
27-31-103 District court jurisdiction
Status: in_force

27-31-103 . District court jurisdiction. Applications for change of names must be heard and determined by the district court.
Mont. Code Ann. § 27-31-204 — MT Code / Title 27 / Chapter 31 / Part 2 / Section 27-31-204
27-31-204 Court order
Status: in_force

27-31-204 . Court order. The court or judge may make an order changing the name or dismissing the applications, as to the court or judge may seem right and proper.
Mont. Code Ann. § 27-25-101 — MT Code / Title 27 / Chapter 25 / Part 1 / Section 27-25-101
27-25-101 Name of writ
Status: in_force

27-25-101 . Name of writ. The writ of certiorari may be denominated the writ of review.
Mont. Code Ann. § 27-18-202 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-202
27-18-202 Plaintiff's affidavit
Status: in_force

27-18-202 . Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:

(1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101 (1);

(2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;

(3) facts creating a reasonable belief that the defendant:

(a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;

(b) is disposing or about to dispose of the defendant's property that would be subject to execution;

(c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or

(d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution;

(4) a particular description and the actual value of the property to be attached;

(5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.
Mont. Code Ann. § 27-1-724 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-724
27-1-724 Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock
Status: in_force

27-1-724 . Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock. (1) Except as provided in Title 60, chapter 7, part 2, for the highways referred to in 60-7-201 , a person owning, controlling, or in possession of livestock or a person owning property has no duty to keep livestock from wandering on highways and is not subject to liability for damages to any property or for injury to a person caused by an accident involving a motor vehicle and livestock unless the owner of the livestock or property was grossly negligent or engaged in intentional misconduct.

(2) As used in this section, the following definitions apply:

(a) "Highway" has the meaning provided in 60-1-103 (17);

(b) "Livestock" has the meaning provided in 15-1-101 ; and

(c) "Person" means an individual, partnership, corporation, limited liability company, limited liability partnership, or association.
Mont. Code Ann. § 27-1-1603 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1603
27-1-1603 Premises owner's duty of care -- limited liability
Status: in_force

27-1-1603 . (Temporary) Premises owner's duty of care -- limited liability. (1) A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on the premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.

(2) The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303 (1)(b) through (1)(e) for injuries or death sustained from an individual's exposure to covid-19. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-1-320 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-320
27-1-320 Conversion of personal property
Status: in_force

27-1-320 . Conversion of personal property. (1) The detriment caused by the wrongful conversion of personal property is presumed to be:

(a) the value of the property at the time of its conversion with the interest from that time or, when the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict without interest, at the option of the injured party; and

(b) a fair compensation for the time and money properly expended in pursuit of the property.

(2) The presumption declared by subsection (1) cannot be rebutted in favor of one whose possession was wrongful from the beginning by that person's subsequent application of the property to the benefit of the owner without the owner's consent.
Mont. Code Ann. § 27-2-302 — MT Code / Title 27 / Chapter 2 / Part 3 / Section 27-2-302
27-2-302 Actions based on mutual accounts
Status: in_force

27-2-302 . Actions based on mutual accounts. In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side.
Mont. Code Ann. § 27-18-304 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-304
27-18-304 When sheriff may require written specification of property to be levied upon
Status: in_force

27-18-304 . When sheriff may require written specification of property to be levied upon. No written specification of property to be levied upon may be required by the sheriff, except as to property referred to in 27-18-403 and 27-18-405 (2).
Mont. Code Ann. § 27-1-705 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-705
27-1-705 Several liability -- purpose -- pleading -- determination -- nonparties
Status: in_force

27-1-705 . (Effective on occurrence of contingency) Several liability -- purpose -- pleading -- determination -- nonparties. (1) The purpose of 27-1-703 and this section is to substitute several liability for the former law providing for joint and several liability, except for certain actions. The purpose of several liability is to allocate responsibility based on fault to all parties to an occurrence, rather than only to the parties to the litigation, and to ensure that the liability of each party to an occurrence is allocated in direct proportion to that party's fault.

(2) In an action brought as a result of the death of a person or injury to a person or property, the liability of a defendant is several only and is not joint, except as provided in subsection (7). A defendant is liable only for that percentage of damages that is equal to the ratio of defendant's fault to the total fault attributed to all persons involved in the occurrence from which the action arose, including claimants, defendants, and persons not party to the action. A separate judgment must be entered against the defendant for that amount.

(3) In determining the percentage of fault of persons who are parties to the action, the trier of fact shall consider the fault of persons not a party to the action, based upon evidence of those persons' fault, that is admissible in evidence. Assessment of fault against a nonparty does not subject the nonparty to liability in the action or any other action and may not be introduced as evidence of liability in any other action.

(4) The percentage of fault attributable to parties to the action may total less than 100% if the trier of fact finds that fault contributing to cause the claimant's loss is attributable to other persons.

(5) The jury shall return a special verdict, or the judge shall make special findings in the absence of a jury, determining the percentage of fault attributable to each party and determining the total amount of damages sustained by the claimant.

(6) A defendant shall affirmatively plead comparative fault and identify in the answer or within a reasonable amount of time after filing the answer as determined by the court, each person who the defendant alleges is at fault with respect to the occurrence that is the basis for the action. A defendant who pleads the comparative fault of another has the burden of proving the fault.

(7) Section 27-1-703 applies and this section does not apply to an action arising from an act or omission that violates a state environmental law relating to hazardous or deleterious substances.

(8) Parties whose liability arises from acts or omissions in concert or from acts or omissions arising from an agency or employment relationship must be apportioned a single percentage of fault and must be treated as a single party for purposes of this section.

(9) For purposes of this section, "fault" means an act or omission that proximately caused or contributed to injury or damages sustained by a person seeking recovery and includes negligence in any of its degrees, contributory negligence, strict liability, and products liability.
Mont. Code Ann. § 27-28-503 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-503
27-28-503 Costs -- judgment against corporation or alleged corporation
Status: in_force

27-28-503 . Costs -- judgment against corporation or alleged corporation. If judgment be rendered against a corporation or against a person claiming to be a corporation, the court may render judgment for costs against the directors or other officers of the corporation or against the person claiming to be a corporation.
Mont. Code Ann. § 27-5-311 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-311
27-5-311 Confirmation of award by court
Status: in_force

27-5-311 . Confirmation of award by court. Upon the application of a party, the district court shall confirm an award unless within the time limits imposed in this chapter grounds are urged for vacating, modifying, or correcting the award, in which case the court shall proceed as provided in 27-5-312 and 27-5-313 .
Mont. Code Ann. § 27-1-727 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-727
27-1-727 Equine activity liability limitations -- waivers
Status: in_force

27-1-727 . Equine activity liability limitations -- waivers. (1) Except as provided in subsections (2) through (4), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity resulting from risks inherent in equine activities.

(2) An equine participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in equine activities.

(3) Subsection (1) does not apply:

(a) if the equine activity sponsor or the equine professional:

(i) provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or equine professional failed to reasonably and prudently inspect or maintain the equipment;

(ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity and the participant's ability to safely manage the particular equine based on the participant's representations as to the participant's ability;

(iii) owned, leased, rented, or otherwise was in lawful possession and control of the land or facilities upon which the participant sustained injuries caused by a dangerous latent condition that was known or should have been known to the equine activity sponsor or the equine professional;

(iv) committed an act or omission that constituted willful or wanton disregard for the safety of the participant and the act or omission caused the injury; or

(v) intentionally injured the participant; or

(b) in a products liability action.

(4) (a) Any waiver or release for equine activities must:

(i) state known inherent risks of equine activities; and

(ii) contain the following statement in bold typeface:

"By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in equine activities or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care."

(b) Any waiver or release for equine activities may still be challenged on any legal grounds.

(c) Any waiver or release for equine activities that is in compliance with this section is not prohibited by or subject to the provisions of 28-2-702 .
Mont. Code Ann. § 27-18-903 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-903
27-18-903 Judgment for plaintiff -- disposition of attached property and proceeds of sales
Status: in_force

27-18-903 . Judgment for plaintiff -- disposition of attached property and proceeds of sales. If judgment is recovered by the plaintiff, the sheriff shall satisfy the judgment out of the property attached by the sheriff that has not been delivered to the defendant or claimant, as provided in this part, or subjected to execution on another judgment recovered prior to the issuing of the attachment, if it is sufficient for that purpose:

(1) by paying to the plaintiff the proceeds of all sales of perishable property or property ordered by the court or judge to be sold by the sheriff, or of any debts or credits collected by the sheriff, or as much of the proceeds, debts, or credits that is necessary to satisfy the judgment;

(2) if any balance remains due and an execution has been issued on the judgment, by selling under the execution as much of the property, real or personal, that may be necessary to satisfy the balance, if the sheriff retains enough property for that purpose. Notices of the sales must be given and the sales must be conducted as in other cases of sales on execution.
Mont. Code Ann. § 27-1-511 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-511
27-1-511 Right of minor to bring civil action or other proceeding
Status: in_force

27-1-511 . Right of minor to bring civil action or other proceeding. A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as a person of full age except that a guardian shall conduct the the action or proceedings.
Mont. Code Ann. § 27-1-103 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-103
27-1-103 Civil and criminal actions
Status: in_force

27-1-103 . Civil and criminal actions. (1) Actions are of two kinds:

(a) civil; and

(b) criminal.

(2) A civil action is prosecuted by one party against another for the enforcement or protection of a right or the redress or prevention of a wrong. Titles 45 and 46 define and provide for the prosecution of a criminal action. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.
Mont. Code Ann. § 27-18-205 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-205
27-18-205 When judge may issue writ -- notice
Status: in_force

27-18-205 . When judge may issue writ -- notice. A judge of a court having jurisdiction of the cause may issue a writ of attachment when:

(1) the judge has received the affidavit described in 27-18-202 ;

(2) the judge has approved the undertaking required in 27-18-204 ; and

(3) the party seeking attachment has made a prima facie showing:

(a) in the case of real property, of the right to attachment and the necessity for seizure;

(b) in the case of personal property:

(i) of the right to attachment and the necessity for seizure at a show cause hearing before the court with at least 3 days' notice to the defendant; if the defendant cannot be found for personal service, notice must be posted on the property and in three public places in the county where the property is located; or

(ii) of the right to attachment and the necessity for seizure and that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of the impairment must be presented in open court, and the court shall set forth with specificity the reasons why the delay would seriously impair the remedy sought by the person seeking attachment.
Mont. Code Ann. § 27-1-317 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-317
27-1-317 Breach of obligation other than contract
Status: in_force

27-1-317 . Breach of obligation other than contract. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Mont. Code Ann. § 27-1-754 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-754
27-1-754 Recreational activity -- applicability exceptions
Status: in_force

27-1-754 . Recreational activity -- applicability exceptions. Sections 27-1-751 through 27-1-753 do not apply to duties, responsibilities, liability, or immunity related to:

(1) recreational use of waters or land, as provided in 23-2-321 ;

(2) snowmobiling, as provided in 23-2-653 and 23-2-654 ;

(3) skiing, as provided in Title 23, chapter 2, part 7;

(4) off-highway vehicle operation, as provided in 23-2-822 ;

(5) instruction in firearms and hunter safety or hunter education, as provided in 27-1-721 ;

(6) equine activity, as provided in 27-1-727 ;

(7) sponsored rodeo and similar events, as provided in 27-1-733 ;

(8) amusement rides, as provided in 27-1-743 and 27-1-744 ;

(9) recreational use of land, as provided in 23-2-907 , 70-16-302 , 77-1-805 , 87-1-265 , and 87-1-286 ;

(10) wildcrafting, as provided in 76-10-106 ; and

(11) placement of a sign or marker warning of a hazard in water legally accessible to the public, as provided in 87-1-287 .
Mont. Code Ann. § 27-28-303 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-303
27-28-303 Who may be made defendants
Status: in_force

27-28-303 . Who may be made defendants. All persons who claim to be entitled to the same office or franchise may be made defendants in the same action to try their respective rights to such office or franchise.
Mont. Code Ann. § 27-18-1502 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1502
27-18-1502 Plaintiff's undertaking
Status: in_force

27-18-1502 . Plaintiff's undertaking. Before issuing the writ, the justice shall require a written undertaking in due form on the part of the plaintiff, except a local government, with two or more sureties, in a sum of not less than $50 or more than $300, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.
Mont. Code Ann. § 27-6-404 — MT Code / Title 27 / Chapter 6 / Part 4 / Section 27-6-404
27-6-404 Disqualification of panel member
Status: in_force

27-6-404 . Disqualification of panel member. (1) A member must be disqualified from consideration of a case in which, by virtue of the member's circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving.

(2) Whenever a party makes and files an affidavit that a panel member selected pursuant to this part cannot, according to the belief of the party making the affidavit, sit in review of the application with impartiality, that panel member may proceed no further. Another panel member must be selected by the health care provider's professional association or state licensing board or the state bar, as appropriate. A party may not disqualify more than three panel members in this manner in any single malpractice claim, and the affidavit must be filed within 15 days of the transmittal by the director, under 27-6-402 , of the names of the panel members selected.
Mont. Code Ann. § 27-12-207 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-207
27-12-207 Panel audits
Status: in_force

27-12-207 . Panel audits. (1) The panel and fund may be audited by or at the direction of the legislative auditor and in accordance with 5-13-304 and 5-13-309 . Any audit that is conducted by the legislative auditor or approved by the legislative auditor under 5-13-411 must include a determination of the adequacy, sufficiency, and reasonableness of the annual assessment.

(2) A copy of each audit report must be furnished to the supreme court.

(3) The cost of an audit must be paid by the panel.
Mont. Code Ann. § 27-1-733 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-733
27-1-733 Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events
Status: in_force

27-1-733 . Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events. (1) A nonprofit organization sponsoring a rodeo, cowboy polo, cutting horse, O-Mok-See, trail riding, horse packing, horse show, or jackpot roping event, or employee of the organization, is not liable for injuries suffered by a contestant as a result of the contestant's voluntary participation in the event except for injuries caused by a willful or wanton act of the sponsoring organization or its employees.

(2) For purposes of this section, a minor is considered to be in voluntary participation in an event if:

(a) the minor has provided written consent to participate in the event; and

(b) the consent is approved by one of the minor's parents or by the minor's legal guardian.
Mont. Code Ann. § 27-1-401 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-401
27-1-401 When specific or preventive relief permitted
Status: in_force

27-1-401 . When specific or preventive relief permitted. Specific or preventive relief may be given in the cases specified in this part and Title 28, chapter 2, parts 16 and 17, and in no others. Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, or to enforce the penalty or forfeiture in any case.
Mont. Code Ann. § 27-2-503 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-503
27-2-503 Conflict of laws -- limitation periods
Status: in_force

27-2-503 . Conflict of laws -- limitation periods. (1) Except as provided by 27-2-505 , if a claim is substantively based:

(a) upon the law of one other state, the limitation period of that state applies; or

(b) upon the law of more than one state, the limitation period of one of those states chosen by this part applies.

(2) The limitation period of Montana applies to all other claims.
Mont. Code Ann. § 27-6-305 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-305
27-6-305 Service on health care provider
Status: in_force

27-6-305 . Service on health care provider. Upon receipt of an application for review, the director or the director's delegate shall cause to be served a true copy of the application on the health care providers involved. Service must be effected by mailing a certified copy of the application to the health care provider at the provider's last-known address, postage prepaid, by certified mail, return receipt requested.
Mont. Code Ann. § 27-2-501 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-501
27-2-501 Short title
Status: in_force

27-2-501 . Short title. This part may be cited as the "Uniform Conflict of Laws -- Limitations Act".
Mont. Code Ann. § 27-31-202 — MT Code / Title 27 / Chapter 31 / Part 2 / Section 27-31-202
27-31-202 Filing of objections to change
Status: in_force

27-31-202 . Filing of objections to change. At any time before such hearing, objections may be filed by any person who can, in such objections, show to the court or judge good reasons against such change of name.
Mont. Code Ann. § 27-2-104 — MT Code / Title 27 / Chapter 2 / Part 1 / Section 27-2-104
27-2-104 Application of this state's statutes of limitations -- actions against nonresidents
Status: in_force

27-2-104 . Application of this state's statutes of limitations -- actions against nonresidents. When a cause of action that does not involve the title to or possession of real property within the state accrues against a person who is not then a resident of the state, an action is governed by part 5 of this chapter.
Mont. Code Ann. § 27-18-404 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-404
27-18-404 Personal property capable of manual delivery
Status: in_force

27-18-404 . Personal property capable of manual delivery. Personal property capable of manual delivery must be attached by taking it into custody, except in cases in which personal property capable of manual delivery is in the possession of a third person, and such personal property, so in the possession of a third person, may be attached in the same manner as debts or credits and other personal property not capable of manual delivery, as hereinafter provided.
Mont. Code Ann. § 27-12-304 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-304
27-12-304 Copies of application to professional societies when vicarious liability claimed
Status: in_force

27-12-304 . Copies of application to professional societies when vicarious liability claimed. If an application employs a theory of respondeat superior or any other derivative theory of recovery, the director shall give a copy of the application to the state professional society, association, or licensing board of both the individual chiropractic physician whose alleged malpractice caused the application to be filed and the chiropractic physician named a defendant as employer, master, or principal.
Mont. Code Ann. § 27-28-105 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-105
27-28-105 Jurisdiction and venue
Status: in_force

27-28-105 . Jurisdiction and venue. An action under this chapter can be brought in the supreme court of the state or in the district court of the county in which the defendant or one of the defendants resides or is found or, when the defendant is a corporation, in the county in which it is situated or has a place of business.
Mont. Code Ann. § 27-2-402 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-402
27-2-402 When defendant is out of state
Status: in_force

27-2-402 . When defendant is out of state. When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term limited under this part after the person's return to the state. If, after the cause of action accrues, the person departs from the state and cannot be served with process, the time of the person's absence is not part of the time limited for the commencement of the action.
Mont. Code Ann. § 27-18-204 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-204
27-18-204 Plaintiff's undertaking
Status: in_force

27-18-204 . Plaintiff's undertaking. Before issuing the writ, the court shall require a written undertaking on the part of the plaintiff, except a local government, with two or more sufficient sureties to be approved by the court, in a sum not less than double the amount claimed by the plaintiff if the amount is $1,000 or less or, if the amount claimed by the plaintiff exceeds $1,000, then in a sum equal to the amount. An undertaking may not be required in an amount exceeding the sum of $20,000. The condition of the undertaking must be to the effect that if the defendant recovers judgment or if the court finally decides that the plaintiff was not entitled to an attachment, the plaintiff shall pay all costs that may be awarded to the defendant and all damages the defendant may sustain by reason of the issuing of the attachment, not exceeding the sum specified in the undertaking.
Mont. Code Ann. § 27-1-804 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-804
27-1-804 What communications are privileged
Status: in_force

27-1-804 . What communications are privileged. A privileged publication is one made:

(1) in the proper discharge of an official duty;

(2) in any legislative or judicial proceeding or in any other official proceeding authorized by law;

(3) in a communication without malice to a person interested therein by one who is also interested or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent or who is requested by the person interested to give the information;

(4) by a fair and true report without malice of a judicial, legislative, or other public official proceeding or of anything said in the course thereof.
Mont. Code Ann. § 27-1-711 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-711
27-1-711 Liability of minor or person of unsound mind for own torts -- exemplary damages
Status: in_force

27-1-711 . Liability of minor or person of unsound mind for own torts -- exemplary damages. A minor or person of unsound mind is civilly liable for a wrong done by that person but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that it was wrongful.
Mont. Code Ann. § 27-19-318 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-318
27-19-318 Application for injunction to be heard without delay
Status: in_force

27-19-318 . Application for injunction to be heard without delay. (1) Whenever a temporary restraining order is granted without notice, the application for an injunction must be set for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character.

(2) At the hearing the party who obtained the temporary restraining order shall proceed with the application for an injunction, or if the party does not do so, the court or judge shall dissolve the temporary restraining order.

(3) The hearing must be held within 20 days of issuance of the temporary restraining order.

(4) If the hearing is not held within 20 days, the temporary restraining order automatically expires unless:

(a) the parties stipulate in writing to an extension; and

(b) the stipulation is filed with the court.

(5) After the hearing, the court may extend the temporary restraining order for 21 days.

(6) If the judge fails to address whether a bond is required during the hearing, the temporary restraining order is invalid and unenforceable.

(7) If the court has not ruled on the preliminary injunction within 21 days of the hearing on the temporary restraining order, the preliminary injunction is considered denied unless otherwise stipulated in writing by the parties.
Mont. Code Ann. § 27-6-106 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-106
27-6-106 Immunity of panel members and witnesses from civil liability
Status: in_force

27-6-106 . Immunity of panel members and witnesses from civil liability. Panelists and witnesses are absolutely immune from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of the duties prescribed by this chapter.
Mont. Code Ann. § 27-1-319 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-319
27-1-319 Willful holding over of real property
Status: in_force

27-1-319 . Willful holding over of real property. For willfully holding over real property by a person who entered upon the same as guardian or trustee for a minor or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.
Mont. Code Ann. § 27-1-1606 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1606
27-1-1606 Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance
Status: in_force

27-1-1606 . (Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue at the time of the alleged injury, death, or property damage.

(2) If two or more sources of public health guidance are applicable, a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.

(3) If a person proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.

(4) This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-1-1604 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1604
27-1-1604 Liability of health care providers
Status: in_force

27-1-1604 . (Temporary) Liability of health care providers. A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the response to covid-19 unless the health care provider caused the death or injury of an individual through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort. This section applies to:

(1) injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of covid-19;

(2) prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of covid-19;

(3) acts or omissions while providing health care to individuals with a condition unrelated to covid-19 when those acts or omissions support the response to covid-19, including the following:

(a) delaying or canceling nonurgent or elective dental, medical, or surgical procedures or altering the diagnosis or treatment of an individual in response to a federal or state statute, regulation, order, or public health guidance;

(b) diagnosing or treating patients outside the normal scope of the health care provider's license or practice;

(c) using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;

(d) conducting tests or providing treatment to an individual outside the premises of a health care facility;

(e) acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to covid-19 that renders the health care provider unable to provide the level or manner of care to a person that otherwise would have been required in the absence of covid-19; or

(f) acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-32-302 — MT Code / Title 27 / Chapter 32 / Part 3 / Section 27-32-302
27-32-302 Clerk to certify and file judgment
Status: in_force

27-32-302 . Clerk to certify and file judgment. The clerk of the court shall certify to two copies of a judgment and file one with the department of public health and human services, Helena, and the other with the clerk and recorder of the county in which the judgment was obtained.
Mont. Code Ann. § 27-1-1608 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1608
27-1-1608 Limitation on requirements
Status: in_force

27-1-1608 . (Temporary) Limitation on requirements. (1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a person is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.

(2) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires temperature checks, a person is not required to conduct temperature checks before allowing a person to enter a premises if an individual entering the premises refuses to allow a temperature check.

(3) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a person is not required to ensure employees or agents are vaccinated to meet the standard of care. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-26-403 — MT Code / Title 27 / Chapter 26 / Part 4 / Section 27-26-403
27-26-403 Officers not to be personally liable
Status: in_force

27-26-403 . Officers not to be personally liable. In all cases where the respondent is a state, county, or municipal officer, all damages and costs, or either, which may be recovered or awarded shall be recovered and awarded against the state, county, or municipal corporation represented by such officer and not against such officer so appearing in said proceeding. The same shall be a proper claim against the state or county or municipal corporation for which such officer shall have appeared and shall be paid as other claims against the state, county, or municipality are paid; but in all such cases, the court shall first determine that the officer appeared and made defense in such proceeding in good faith.
Mont. Code Ann. § 27-1-1601 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1601
27-1-1601 Definitions
Status: in_force

27-1-1601 . (Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Covid-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it.

(2) "Health care professional" means, for the purposes of this part, physicians, physician assistants, nurse practitioners, nurses, nursing assistants, chiropractors, pharmacists, pharmacy technicians, dentists, dental hygienists, optometrists, medication aides, respiratory therapist practitioners, professional counselors, occupational therapists, midwives, psychologists, and other health care practitioners who are licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care services in the ordinary course of business or in the practice of a profession, whether paid or unpaid. This term includes persons engaged in telehealth as defined in 33-22-138 , and a similar professional's employer or agent who provides or arranges health care.

(3) "Health care provider" means and includes, for the purposes of this part, a health care professional, health care facility, home health care facility, assisted living facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment.The term does not include a government entity or a health care professional that is employed by a government entity.

(4) "Person" means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, or any other legal or commercial entity. The term does not include a government entity.

(5) "Personal protective equipment" includes protective clothing, gloves, face shields, goggles, face masks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or spread of infection or illness.

(6) "Premises" includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place, serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.

(7) "Public health guidance" includes guidance related to covid-19 issued by the following:

(a) the centers for disease control and prevention of the U.S. department of health and human services;

(b) the centers for medicare and medicaid services of the U.S. department of health and human services;

(c) the federal occupational safety and health administration;

(d) the office of the governor;

(e) a state agency, including the department of public health and human services; or

(f) a local government, including a local government health department or local government board of health.

(8) "Qualified product" means and includes:

(a) personal protective equipment and supplies used to treat covid-19 or to prevent the spread of covid-19;

(b) medical devices, equipment, and supplies used to treat covid-19, including medical devices, equipment, and supplies that are used or modified for an unapproved use to treat covid-19 or to prevent the spread of covid-19;

(c) medical devices, equipment, and supplies used outside of their normal use to treat covid-19 or to prevent the spread of covid-19;

(d) medications used to treat covid-19, including medications prescribed or dispensed for off-label use to attempt to treat covid-19;

(e) tests to diagnose or determine immunity to covid-19; and

(f) a component of an item described in subsections (8)(a) through (8)(e). (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-18-201 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-201
27-18-201 Time for attaching property
Status: in_force

27-18-201 . Time for attaching property. A plaintiff, at the time of issuing the summons or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered.
Mont. Code Ann. § 27-1-212 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-212
27-1-212 When award of interest discretionary
Status: in_force

27-1-212 . When award of interest discretionary. In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. This section does not apply in actions for recovery of damages arising from injury to a person or property brought against a governmental entity under Title 2, chapter 9, parts 1 through 3, as amended.
Mont. Code Ann. § 27-1-432 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-432
27-1-432 Judgment for delivery of personal property
Status: in_force

27-1-432 . Judgment for delivery of personal property. A person entitled to the immediate possession of specific personal property may recover the property in the manner provided by this code. A person having the possession or control of a particular article of personal property of which the person is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.
Mont. Code Ann. § 27-34-102 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-102
27-34-102 Scope -- definitions
Status: in_force

27-34-102 . Scope -- definitions. (1) Except as otherwise provided in subsection (2), this chapter applies to a claim for relief asserted in a civil action against a person based on the person's:

(a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(c) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States constitution or the Montana constitution, on a matter of public concern.

(2) This chapter does not apply to a claim for relief asserted:

(a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or

(c) against a person primarily engaged in the business of selling or leasing goods or services if the claim for relief arises out of a communication related to the person's sale or lease of the goods or services.

(3) As used in this section, the following definitions apply:

(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(b) "Governmental unit" means a public corporation or government or governmental subdivision, agency, or instrumentality.

(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.
Mont. Code Ann. § 27-1-703 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-703
27-1-703 Multiple defendants -- determination of liability
Status: in_force

27-1-703 . (Temporary) Multiple defendants -- determination of liability. (1) Except as provided in subsections (2) and (3), if the negligence of a party to an action is an issue, each party against whom recovery may be allowed is jointly and severally liable for the amount that may be awarded to the claimant but has the right of contribution from any other person whose negligence may have contributed as a proximate cause to the injury complained of.

(2) A party whose negligence is determined to be 50% or less of the combined negligence of all persons described in subsection (4) is severally liable only and is responsible only for the percentage of negligence attributable to that party, except as provided in subsection (3). The remaining parties are jointly and severally liable for the total less the percentage attributable to the claimant and to any person with whom the claimant has settled or whom the plaintiff has released from liability.

(3) A party may be jointly liable for all damages caused by the negligence of another if both acted in concert in contributing to the claimant's damages or if one party acted as an agent of the other.

(4) On motion of a party against whom a claim is asserted for negligence resulting in death or injury to person or property, any other person whose negligence may have contributed as a proximate cause to the injury complained of may be joined as an additional party to the action. For purposes of determining the percentage of liability attributable to each party whose action contributed to the injury complained of, the trier of fact shall consider the negligence of the claimant, injured person, defendants, and third-party defendants. The liability of persons released from liability by the claimant and persons with whom the claimant has settled must also be considered by the trier of fact, as provided in subsection (6). The trier of fact shall apportion the percentage of negligence of all persons listed in this subsection. Nothing contained in this section makes any party indispensable pursuant to Rule 19, Montana Rules of Civil Procedure.

(5) If for any reason all or part of the contribution from a party liable for contribution cannot be obtained, each of the other parties shall contribute a proportional part of the unpaid portion of the noncontributing party's share and may obtain judgment in a pending or subsequent action for contribution from the noncontributing party. A party found to be 50% or less negligent for the injury complained of is liable for contribution under this section only up to the percentage of negligence attributed to that party.

(6) (a) In an action based on negligence, strict liability as provided in 27-1-719 (1), or on a breach of warranty, including but not limited to the provisions of 30-2-314 , 30-2-315 , or 30-11-215 , a defendant may assert as a defense that the damages of the claimant were caused in full or in part by a person with whom the claimant has settled or whom the claimant has released from liability.

(b) In determining the percentage of liability attributable to persons who are parties to the action, the trier of fact shall consider the negligence of persons released from liability by the claimant or with whom the claimant has settled. A finding of negligence of a person with whom the claimant has settled or who has been released from liability by the claimant is not a presumptive or conclusive finding as to that person for purposes of a prior or subsequent action involving that person.

(c) Except for persons who have settled with or have been released by the claimant, comparison of fault with any of the following persons is prohibited:

(i) a person who is immune from liability to the claimant;

(ii) a person who is not subject to the jurisdiction of the court; or

(iii) any other person who could have been, but was not, named as a third party.

(d) A release of settlement entered into by a claimant constitutes an assumption of the liability, if any, allocated to the settled or released person. The claim of the releasing or settling claimant against other persons is reduced by the percentage of the released or settled person's equitable share of the obligation, as determined under subsection (4).

(e) A defendant who alleges that a person released by the claimant or with whom the claimant has settled is at fault in the matter has the burden of proving:

(i) the negligence of the person whom the claimant has released or with whom the claimant has settled;

(ii) any standard of care applicable to the person whom the claimant released or with whom the claimant settled; and

(iii) that the negligence of the person whom the claimant has released or with whom the claimant has settled was a contributing cause under the law applicable to the matter.

(f) A defendant alleging that a settled or released person is at fault in the matter shall affirmatively plead the settlement or release as a defense in the answer. A defendant who gains actual knowledge of a settled or released person after the filing of that defendant's answer may plead the defense of settlement or release with reasonable promptness, as determined by the trial court, in a manner that is consistent with:

(i) giving the defendant a reasonable opportunity to discover the existence of a settled or released person;

(ii) giving the settled or released person an opportunity to intervene in the action to defend against claims affirmatively asserted, including the opportunity to be represented by an attorney, present a defense, participate in discovery, cross-examine witnesses, and appear as a witness of either party; and

(iii) giving the claimant a reasonable opportunity to defend against the defense.

(g) If a defendant alleges that a settled or released person is at fault in the matter, the defendant shall notify each person who the defendant alleges caused the claimant's injuries, in whole or in part. Notification must be made by mailing the defendant's answer to each settled or released person at the person's last-known address by certified mail, return receipt requested. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
Mont. Code Ann. § 27-2-103 — MT Code / Title 27 / Chapter 2 / Part 1 / Section 27-2-103
27-2-103 Actions by state subject to limitations
Status: in_force

27-2-103 . Actions by state subject to limitations. The limitations prescribed in part 2 of this chapter apply to actions brought in the name of the state or for the benefit of the state in the same manner as to actions by private parties.
Mont. Code Ann. § 27-1-402 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-402
27-1-402 How specific relief given
Status: in_force

27-1-402 . How specific relief given. Specific relief is given by:

(1) taking possession of a thing and delivering it to a claimant;

(2) compelling the party to do that which ought to be done; or

(3) declaring and determining the rights of parties otherwise than by an award of damages.
Mont. Code Ann. § 27-17-308 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-308
27-17-308 Delivery of property to plaintiff if not returned to defendant
Status: in_force

27-17-308 . Delivery of property to plaintiff if not returned to defendant. If a return of the property be not required within 5 days after the taking and serving notice to the defendant, it shall be delivered to the plaintiff, except as provided in 27-17-309 . If the defendant procures a return under 27-17-305 , the remainder must be delivered to the plaintiff, except as is otherwise prescribed in this chapter.
Mont. Code Ann. § 27-6-206 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-206
27-6-206 Funding
Status: in_force

27-6-206 . Funding. (1) There is a pretrial review fund to be administered by the director exclusively for the purposes stated in this chapter. The fund and any income from it must be held in trust, deposited in an account, and invested and reinvested by the director with the prior approval of the director of the Montana medical association. The fund may not become a part of or revert to the general fund of this state but is open to auditing by the legislative auditor.

(2) (a) To create the fund, a surcharge or assessment must be levied on all health care providers. The amount of the assessment must be set annually by the director and must be apportioned among physicians, dentists, podiatrists, hospitals, and other health care providers by group. Except as provided in subsection (2)(c), for the group of all physicians, the group of all dentists, the group of all podiatrists, the group of all hospitals, and the group of all other health care facilities, the amount of the assessment must be proportionate to the respective percentage of total health care providers brought before the panel that each group constitutes. The total number and group of health care providers brought before the panel must be determined from the annual report of the panel for the years preceding the year of assessment.

(b) Except as provided in subsection (2)(c), the amount of the assessment for the group of all:

(i) hospitals must be proportionately assessed against each hospital on the basis of each hospital's total number of licensed hospital beds, whether used or not, as reflected in the most recent compilation of the department of public health and human services;

(ii) physicians must be equally assessed against all physicians;

(iii) dentists must be equally assessed against all dentists;

(iv) podiatrists must be equally assessed against all podiatrists; and

(v) other health care facilities must be equally assessed against all other health care facilities.

(c) The annual amount of the assessment levied against each health care provider may not be less than $15.

(d) Surplus funds, if any, above the amount required for the annual administration of the chapter must be retained by the director and used to finance the administration of this chapter in succeeding years, in which event the director shall reduce the annual assessment in subsequent years to not less than $15 for each health care provider, commensurate with the proper administration of this chapter.

(3) The annual surcharge must be paid on April 1 of each year. All unpaid assessments bear a late charge fee equal to the judgment rate of interest. The late charge fee is part of the annual surcharge. The panel may collect the annual surcharge by an action at law.
Mont. Code Ann. § 27-1-307 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-307
27-1-307 Definitions
Status: in_force

27-1-307 . Definitions. As used in 27-1-308 and this section:

(1) "Collateral source" means a payment for something that is later included in a tort award and that is made to or for the benefit of a plaintiff or is otherwise available to the plaintiff:

(a) for medical expenses and disability payments under the federal Social Security Act, any federal, state, or local income disability act, or any other public program;

(b) under any health, sickness, or income disability insurance or automobile accident insurance that provides health benefits or income disability coverage, and any other similar insurance benefits available to the plaintiff, except life insurance;

(c) under any contract or agreement of any person, group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services, except gifts or gratuitous contributions or assistance;

(d) any contractual or voluntary wage continuation plan provided by an employer or other system intended to provide wages during a period of disability; and

(e) any other source, except the assets of the plaintiff or of the plaintiff's immediate family if the plaintiff is obligated to repay a member of the plaintiff's immediate family.

(2) "Health care provider" includes hospitals, institutions, laboratories, doctors, physicians, optometrists, dentists, nurses, therapists, and any other medical or health care facilities, professionals or persons who diagnose, evaluate, treat, or otherwise deliver medical services or treatment to a plaintiff.

(3) (a) "Medical services or treatment" means any actions taken by a health care provider to observe, identify, diagnose, stabilize, address, ameliorate, correct, remedy, rehabilitate, manage, combat, or care for a plaintiff's injury, condition, disease, or disorder or symptoms of a plaintiff's injury, condition, disease, or disorder.

(b) The term includes any equipment, facilities, medicines, drugs, prescriptions, devices, or products provided or applied to a plaintiff by a health care provider or consumed by a plaintiff at a health care provider's direction.

(4) "Person" includes individuals, corporations, associations, societies, firms, partnerships, joint-stock companies, government entities, political subdivisions, and any other entity or aggregate of individuals.

(5) (a) "Plaintiff" means a person who alleges to have sustained bodily injury, or on whose behalf recovery for bodily injury or death is sought, or who would have a beneficial, legal, or equitable interest in a recovery.

(b) The term includes:

(i) a legal representative;

(ii) a person with a wrongful death or surviving cause of action;

(iii) a person seeking recovery on a claim for loss of consortium, society, assistance, companionship, or services; and

(iv) any other person whose right of recovery or whose claim or status is derivative of one who has sustained bodily injury or death.
Mont. Code Ann. § 27-18-803 — MT Code / Title 27 / Chapter 18 / Part 8 / Section 27-18-803
27-18-803 Notice of application for order to sell
Status: in_force

27-18-803 . Notice of application for order to sell. Application for the order must be upon notice to the adverse party or the party's attorney that the court or judge, considering the nature and condition of the property, may direct. If it appears to the court or judge that the delay necessary to give notice would cause a material depreciation in the value of property, the order may be made without notice.
Mont. Code Ann. § 27-18-112 — MT Code / Title 27 / Chapter 18 / Part 1 / Section 27-18-112
27-18-112 Attachment book to be kept by county clerk
Status: in_force

27-18-112 . Attachment book to be kept by county clerk. There must be kept in the office of the county clerk of each county a book called "attachment book", in which must be entered by the clerk, in alphabetical order, the names of all persons against whom any writ or notice of attachment has been filed in the clerk's office. There must also be entered in the book the time the writ or notice was filed. The entry must be made under an appropriate heading for that purpose.
Mont. Code Ann. § 27-8-302 — MT Code / Title 27 / Chapter 8 / Part 3 / Section 27-8-302
27-8-302 Jury trial
Status: in_force

27-8-302 . Jury trial. (1) When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

(2) When a proceeding under this chapter challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101 , and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.
Mont. Code Ann. § 27-34-105 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-105
27-34-105 Hearing
Status: in_force

27-34-105 . Hearing. (1) The court shall hear a motion under 27-34-103 not later than 60 days after filing of the motion unless the court orders a later hearing:

(a) to allow discovery under 27-34-104 (4); or

(b) for other good cause.

(2) If the court orders a later hearing under subsection (1)(a), the court shall hear the motion under 27-34-103 not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under subsection (1)(b).
Mont. Code Ann. § 27-1-706 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-706
27-1-706 Effect of a release or covenant not to sue
Status: in_force

27-1-706 . (Effective on occurrence of contingency) Effect of a release or covenant not to sue. A release or covenant not to sue given to one of two or more persons potentially liable in tort for the same injury, death, damage, or loss:

(1) does not discharge any of the other persons from liability for the person's several pro rata share of liability unless the terms of the release or covenant provide for a discharge of liability;

(2) reduces the aggregate claim against the other persons to the extent of any percentage of fault found by the trier of fact under 27-1-705 to be attributable to the person to whom the release or covenant was given; and

(3) discharges the person to whom it was given from all liability for contribution.
Mont. Code Ann. § 27-2-201 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-201
27-2-201 Actions upon judgments
Status: in_force

27-2-201 . Actions upon judgments. (1) Except as provided in subsections (3) through (5), the period prescribed for the commencement of an action upon a judgment or decree of any court of record of the United States or of any state within the United States is within 10 years.

(2) The period prescribed for the commencement of an action upon a judgment or decree rendered in a court not of record is within 10 years. The cause of action is considered, in that case, to have accrued when final judgment was rendered.

(3) The period prescribed for the commencement of an action to collect past-due child support that has accrued after October 1, 1993, under an order entered by a court of record or administrative authority is within 10 years of the termination of support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later.

(4) The period prescribed for the commencement of an action to collect past-due child support that has accrued under a support order issued in another state, in a foreign country, or in a tribal court is as provided in subsection (3) or as provided in the law of the issuing jurisdiction, whichever period is longer.

(5) An action under 46-18-247 (3) to enforce an order of restitution entered by a court of record may be commenced at any time within the offender's lifetime during which restitution remains unpaid.
Mont. Code Ann. § 27-16-1001 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1001
27-16-1001 Justice's authority to order arrest
Status: in_force

27-16-1001 . Justice's authority to order arrest. An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable at the time of serving the summons and brought before the justice and there detained until duly discharged, in the cases mentioned in 27-16-102 .
Mont. Code Ann. § 27-16-505 — MT Code / Title 27 / Chapter 16 / Part 5 / Section 27-16-505
27-16-505 Other circumstances in which sureties exonerated
Status: in_force

27-16-505 . Other circumstances in which sureties exonerated. The bail must also be exonerated by the death of the defendant, the defendant's imprisonment in the state prison, or the defendant's legal discharge from the obligation to render the defendant amenable to the process.
Mont. Code Ann. § 27-1-503 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-503
27-1-503 What defenses to action survive assignment of right to action
Status: in_force

27-1-503 . What defenses to action survive assignment of right to action. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff or other defense existing at the time of or before notice of the assignment, but this section shall apply only to the extent not otherwise provided for in the Uniform Commercial Code.
Mont. Code Ann. § 27-34-101 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-101
27-34-101 Short title
Status: in_force

27-34-101 . Short title. This chapter may be cited as the "Uniform Public Expression Protection Act".
Mont. Code Ann. § 27-19-104 — MT Code / Title 27 / Chapter 19 / Part 1 / Section 27-19-104
27-19-104 Contents of complaint -- action for injunction by an association
Status: in_force

27-19-104 . Contents of complaint -- action for injunction by an association. Whenever an action for injunctive relief is initiated by a citizens' group or other public interest association and it appears by the complaint that there is an injury to a property or civil right of individual members of the association, which injury is distinguishable from an injury to the public generally, the names and addresses of injured members and a statement of the injury shall be provided in the complaint. An injunction may not be granted unless such information is provided in the complaint.
Mont. Code Ann. § 27-5-215 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-215
27-5-215 Witnesses, subpoenas, and depositions
Status: in_force

27-5-215 . Witnesses, subpoenas, and depositions. (1) The arbitrators may issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence and may administer oaths. Subpoenas so issued must be served and, upon application to the district court by a party or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action in district court.

(2) On the application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.

(3) All provisions of law compelling a person under subpoena to testify are applicable to persons subpoenaed under this chapter.

(4) Fees for attendance as a witness are the same as for a witness in the district court.
Mont. Code Ann. § 27-19-406 — MT Code / Title 27 / Chapter 19 / Part 4 / Section 27-19-406
27-19-406 Costs upon dissolution
Status: in_force

27-19-406 . Costs upon dissolution. Where an injunction order is granted and the same is afterward dissolved upon application of the party enjoined thereby, the court or judge to whom the application to dissolve is made may award as costs of the application, against the party who obtained the injunction and in favor of the party applying, such sum as to the court or judge may appear just, not less than $10 or more than $100.
Mont. Code Ann. § 27-26-201 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-201
27-26-201 Application for writ
Status: in_force

27-26-201 . Application for writ. The writ must be issued upon affidavit, on the application of the party beneficially interested.
Mont. Code Ann. § 27-12-201 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-201
27-12-201 Appointment, term, and salary of director
Status: in_force

27-12-201 . Appointment, term, and salary of director. The executive director of the Montana chiropractic association shall appoint the director of the panel, subject to the approval of the chief justice of the Montana supreme court. The director shall serve at the pleasure of and the director's salary must be set by the executive director of the Montana chiropractic association, subject to the approval of the chief justice.
Mont. Code Ann. § 27-5-115 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-115
27-5-115 Proceedings to compel or stay arbitration
Status: in_force

27-5-115 . Proceedings to compel or stay arbitration. (1) On the application of a party showing an agreement described in 27-5-114 and the opposing party's refusal to arbitrate, the district court shall order the parties to proceed with arbitration; but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of that issue raised and shall order arbitration if it finds for the applying party or deny the application if it finds for the opposing party.

(2) On application, the district court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be immediately and summarily tried and the stay ordered if the court finds for the applying party. If the court finds for the opposing party, it shall order the parties to proceed to arbitration.

(3) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (1), the application must be made in that court. Otherwise, and subject to 27-5-323 , the application may be made in any court of competent jurisdiction.

(4) An action or proceeding involving an issue subject to arbitration must be stayed if an order or application for arbitration has been made under this section. If an issue is severable, the stay may be with respect to the severable issue only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

(5) An order for arbitration may not be refused on the ground that the claim in issue lacks merit or good faith or because no fault or grounds for the claim sought to be arbitrated have been shown.
Mont. Code Ann. § 27-1-433 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-433
27-1-433 Cancellation of written instrument
Status: in_force

27-1-433 . Cancellation of written instrument. (1) A written instrument in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable may, upon that person's application, be adjudged and ordered to be delivered up or canceled.

(2) An instrument the invalidity of which is apparent upon its face or upon the face of another instrument that is necessary to the use of the former instrument in evidence is not to be considered capable of causing injury within the provisions of subsection (1).

(3) When an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue.
Mont. Code Ann. § 27-25-202 — MT Code / Title 27 / Chapter 25 / Part 2 / Section 27-25-202
27-25-202 Contents of writ
Status: in_force

27-25-202 . Contents of writ. The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court, and require the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
Mont. Code Ann. § 27-28-305 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-305
27-28-305 No stay of judgment of ouster pending appeal
Status: in_force

27-28-305 . No stay of judgment of ouster pending appeal. If there is judgment of ouster against the defendant, there shall be no stay of execution or proceedings pending such appeal.
Mont. Code Ann. § 27-1-702 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-702
27-1-702 Comparative negligence -- extent to which contributory negligence bars recovery in action for damages
Status: in_force

27-1-702 . (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages. Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
Mont. Code Ann. § 27-18-716 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-716
27-18-716 Justification of sureties
Status: in_force

27-18-716 . Justification of sureties. When excepted to, the plaintiff's sureties, upon notice to the defendant of not less than 2 days or more than 10 days, must justify before a judge of the district court, and upon failure to justify or if others in their place fail to justify at the time and place appointed, the judge shall issue an order vacating the writ of attachment.
Mont. Code Ann. § 27-18-407 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-407
27-18-407 Liability of third persons controlling property or debts and served by sheriff
Status: in_force

27-18-407 . Liability of third persons controlling property or debts and served by sheriff. All persons having in their possession or under their control any credits or other personal property belonging to the defendant or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice must be, unless the property is delivered or transferred or the debts are paid to the sheriff, liable to the plaintiff for the amount of the credits, property, or debts until the attachment is discharged or any judgment recovered by the plaintiff is satisfied.
Mont. Code Ann. § 27-18-206 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-206
27-18-206 Issuance of several writs to different counties
Status: in_force

27-18-206 . Issuance of several writs to different counties. Several writs may be issued at the same time to the sheriffs of different counties.
Mont. Code Ann. § 27-9-101 — MT Code / Title 27 / Chapter 9 / Part 1 / Section 27-9-101
27-9-101 When and in what courts judgment may be confessed
Status: in_force

27-9-101 . When and in what courts judgment may be confessed. Subject to 28-2-709 , a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. Judgment upon confession may be entered up in any justice's court specified in the confession, as provided in this chapter.
Mont. Code Ann. § 27-2-212 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-212
27-2-212 Actions arising from wrongful removal or exclusion from office
Status: in_force

27-2-212 . Actions arising from wrongful removal or exclusion from office. Within 6 months is the period prescribed for the commencement of:

(1) any action for the restoration to office by any person wrongfully or illegally removed or excluded from office;

(2) any suit for the recovery of salary or other emoluments of office by any person having been wrongfully or illegally removed or excluded from office.
Mont. Code Ann. § 27-18-308 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-308
27-18-308 Attachment not released by defendant's death
Status: in_force

27-18-308 . Attachment not released by defendant's death. The death of the defendant does not release the attached property, and a lien of the attachment may be enforced as in the case of other liens.
Mont. Code Ann. § 27-1-605 — MT Code / Title 27 / Chapter 1 / Part 6 / Section 27-1-605
27-1-605 Agreements settling or compromising abolished causes of action
Status: in_force

27-1-605 . Agreements settling or compromising abolished causes of action. (1) All contracts and instruments of every kind which, after July 1, 1963, may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part, whether such claim or cause of action arose within or without this state, are hereby declared to be contrary to the public policy of this state and absolutely void.

(2) It shall be unlawful to:

(a) cause, induce, or procure any person to execute such a contract or instrument;

(b) cause, induce, or procure any person to give, pay, transfer, or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action;

(c) receive, take, or accept any such money or thing of value in such payment, satisfaction, settlement, or compromise; or

(d) commence or cause to be commenced, either as litigant or attorney, in any court of this state any proceeding or action seeking to enforce or recover upon any such contract or instrument knowing it to be such, whether the same shall have been executed within or without this state.

(3) However, this section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this part or any contracts or instruments heretofore executed or to the bona fide holder in due course of any negotiable instrument which may be executed after July 1, 1963.
Mont. Code Ann. § 27-30-303 — MT Code / Title 27 / Chapter 30 / Part 3 / Section 27-30-303
27-30-303 Action for private nuisance
Status: in_force

27-30-303 . Action for private nuisance. An action for private nuisance may be brought by a person whose property is injuriously affected or whose personal enjoyment of property is lessened by the private nuisance.
Mont. Code Ann. § 27-25-203 — MT Code / Title 27 / Chapter 25 / Part 2 / Section 27-25-203
27-25-203 Stay of proceedings
Status: in_force

27-25-203 . Stay of proceedings. If a stay of proceedings is not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court or judge. However, if the words are omitted, the power of the lower tribunal, board, or officer is not suspended and the proceedings are not stayed.
Mont. Code Ann. § 27-12-101 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-101
27-12-101 Short title
Status: in_force

27-12-101 . Short title. This chapter may be cited as the "Montana Chiropractic Legal Panel Act".
Mont. Code Ann. § 27-2-105 — MT Code / Title 27 / Chapter 2 / Part 1 / Section 27-2-105
27-2-105 Periods of limitation
Status: in_force

27-2-105 . Periods of limitation. All civil actions must be commenced within the periods prescribed in part 2 except when another statute specifically provides a different limitation.
Mont. Code Ann. § 27-1-421 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-421
27-1-421 Compelling performance of successor in interest in title -- obligations respecting real property
Status: in_force

27-1-421 . Compelling performance of successor in interest in title -- obligations respecting real property. Whenever an obligation in respect to real property would be specifically enforced against a particular person, the obligation may be in the same manner enforced against any other person claiming under the particular person by a title created subsequently to the obligation except a purchaser or encumbrancer in good faith and for value and except that any other person may be exonerated by conveying all of that person's estate to the person entitled to enforce the obligation.
Mont. Code Ann. § 27-5-211 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-211
27-5-211 Appointment of arbitrators -- conflict of interest provisions applicable
Status: in_force

27-5-211 . Appointment of arbitrators -- conflict of interest provisions applicable. Except as provided in 27-5-116 , if the arbitration agreement provides a method of appointment of arbitrators, this method must be followed. If a method is not provided, the agreed method fails or for any reason cannot be followed, or an appointed arbitrator fails or is unable to act and the arbitrator's successor has not been appointed, the district court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. A neutral arbitrator appointed by the district court on or after October 1, 2009, shall comply with the provisions of 27-5-116 .
Mont. Code Ann. § 27-16-603 — MT Code / Title 27 / Chapter 16 / Part 6 / Section 27-16-603
27-16-603 Substituting bail for deposit
Status: in_force

27-16-603 . Substituting bail for deposit. If money be deposited, as provided in 27-16-601 and 27-16-602 , bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited shall be refunded by such clerk to the defendant.
Mont. Code Ann. § 27-1-211 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-211
27-1-211 Right to interest
Status: in_force

27-1-211 . Right to interest. Each person who is entitled to recover damages certain or capable of being made certain by calculation and the right to recover that is vested in the person upon a particular day is entitled also to recover interest on the damages from that day except during the time that the debtor is prevented by law or by the act of the creditor from paying the debt.
Mont. Code Ann. § 27-1-1602 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1602
27-1-1602 Liability
Status: in_force

27-1-1602 . (Temporary) Liability. Except as provided in 27-1-1603 through 27-1-1608 , a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-1-434 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-434
27-1-434 Cost of care of animals seized in animal cruelty and animal fighting cases
Status: in_force

27-1-434 . Cost of care of animals seized in animal cruelty and animal fighting cases. (1) When an animal is seized from a person by a law enforcement officer upon an alleged violation of 45-8-210 , 45-8-211 , or 45-8-217 , the prosecutor may file a petition for a cost of care hearing in district court in the county where the seizure was made.

(2) The petition must contain:

(a) the authority and purpose of the seizure, including the time, place, and circumstances of the seizure and the purported facts regarding any animal cruelty or forced fighting in violation of 45-8-210 , 45-8-211 , or 45-8-217 ;

(b) a description of the animal, including its current condition, and any facts demonstrating the animal's significant disease, injury, or suffering;

(c) the name and address of the respondent unless the name and address of the respondent are not available to the petitioner after reasonable investigation, at which time the petition must contain the address of the premises where the animal was seized; and

(d) an evaluation that supports the animal's significant disease, injury, or suffering from a licensed veterinarian with experience treating the type of animal or animals in question. Livestock seized under this section must be evaluated by a large animal veterinarian in coordination with a state livestock inspector that is considered a law enforcement officer as designated by the department of livestock in 81-1-201 .

(3) The petitioner shall serve a copy of the petition upon the respondent. If the name and address of the respondent are not available after reasonable investigation, the petition must be conspicuously posted by a law enforcement officer at the premises where the animal was seized.

(4) Upon receipt of the petition, the court shall set the matter for hearing not more than 10 days after the petition was filed with the clerk of court. The court shall notify the respondent in writing of the date and location of the hearing within 5 days of the hearing. If the name and address of the respondent are not available and have not been included in the petition, the notice must be conspicuously posted by a law enforcement officer at the premises where the animal was seized.

(5) At the hearing, the court shall consider the extent of the animal's disease, injury, or suffering and, no more than 5 days after the hearing, shall determine whether the animal will be:

(a) released to the respondent if the court does not find, by a preponderance of evidence submitted, that the animal was subjected to cruelty or forced fighting under 45-8-210 , 45-8-211 , or 45-8-217 ; or

(b) held and cared for by the county or an animal shelter designated by the county, pending disposition of a criminal proceeding initiated for an alleged violation of 45-8-210 , 45-8-211 , or 45-8-217 .

(6) (a) If the court finds, by a preponderance of evidence submitted, that the animal was subjected to cruelty or forced fighting under 45-8-210 , 45-8-211 , or 45-8-217 , the court may not release the animal to the respondent and shall set a renewable bond in an amount sufficient to cover the reasonable expenses expected to be incurred in caring for the animal for a period of 30 days.

(b) In setting the amount of bond to be posted, the court shall consider all of the facts and circumstances of the seizure, including but not limited to the need to care for the animal pending disposition of the criminal proceeding, the recommendations of the animal's current caretaker, and the estimated costs of caring for the animal. The court may take into consideration:

(i) the respondent's ability to pay for the cost of the animal's care, with the understanding that the ability to pay is not dispositive;

(ii) the likelihood that the respondent could care for the animal in the future; and

(iii) the respondent's ability to otherwise provide for the animal's care by other means while the animal is in the possession and care of the county.

(c) Upon an order of the court that a bond be posted, the amount of funds necessary for 30 days of the animal's care must be posted with the court. Unless the amount is adjusted pursuant to a hearing held as provided in subsection (6)(d), the court shall order the respondent to deposit the same amount every 30 days until final disposition of the criminal proceeding. Required payment dates must be included in the court's order, and the court has discretion to set the bond payment frequency less than 30 days.

(d) The respondent may request a hearing no fewer than 5 days before the expiration of the 30-day period, and the court may, upon a motion by a respondent, adjust the amount of reasonable expenses to be provided by the respondent.

(e) If the ordered funds are not deposited within 5 days of the payment dates set in the order, the ownership of the animal is forfeited to the county. The county has discretion of the animal and shall provide the court with all plans of disposal related to the animal.

(f) Once a bond has been posted in accordance with this section, the entity caring for the animal may draw from the bond the actual costs incurred in caring for the animal from the date of the cost of care hearing to the date of the final disposition of the criminal proceeding.

(g) In lieu of bond, the respondent may submit to the county a lien on real property necessary to cover the estimated costs of care for the duration of the proceedings. The lien must be in a form and manner acceptable to the county and must be presented by an authorized owner or agent of the property encumbered.

(7) (a) Upon final disposition of the criminal proceeding, any remaining funds deposited with the court must be returned to the depositor.

(b) If the respondent is found not guilty of criminal charges in connection with the seized animal, the county shall:

(i) immediately return the animal to the respondent and return the full amount of the bond and release any applicable lien accepted in lieu of bond; or

(ii) pay the respondent the fair market value of the animal at the time of seizure, if ownership of the animal was forfeited to the county because the bond was not paid. Fair market value must be determined by the court after considering any relevant testimony, valuations, or affidavits specifically describing pecuniary loss and replacement value of the loss.

(8) An animal seized from a person for an alleged violation of 45-8-210 , 45-8-211 , or 45-8-217 may immediately be euthanized if, in the written determination of a licensed veterinarian, the animal is injured or diseased to the extent that it is not likely to recover. If the respondent is found not guilty of criminal charges in connection with a seized animal that was euthanized while in the possession and care of the county, the county shall pay the respondent the fair market value of the animal. The fair market value must be based on the value of the animal at the time of seizure of the animal as established by relevant testimony and valuations.

(9) For the purposes of this section, the following definitions apply:

(a) "Reasonable expenses" means the cost of providing care, including but not limited to food, water, shelter, and necessary veterinary care to an animal. Reasonable expenses do not include costs that arise from disease, injury, or suffering sustained by an animal while in the possession and care of the county.

(b) "Respondent" means the owner or owners of an animal seized by law enforcement upon an alleged violation of 45-8-210 , 45-8-211 , or 45-8-217 .
Mont. Code Ann. § 27-6-204 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-204
27-6-204 Authority to adopt rules
Status: in_force

27-6-204 . Authority to adopt rules. The director, in consultation with the state bar of Montana and subject to approval of the supreme court, is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the medical review panel. No rules may be adopted, however, which require a party to make a monetary payment as a condition to bringing a malpractice claim before the medical review panel.
Mont. Code Ann. § 27-18-402 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-402
27-18-402 Real property in defendant's name
Status: in_force

27-18-402 . Real property in defendant's name. Real property standing upon the records of the county in the name of the defendant must be attached by filing with the county clerk a copy of the writ, together with the description of the property attached and a notice that it is attached.
Mont. Code Ann. § 27-1-105 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-105
27-1-105 Obligation defined
Status: in_force

27-1-105 . Obligation defined. An obligation is a legal duty by which one person is bound to do or not to do a certain thing and arises from:

(1) contract; or

(2) operation of law.
Mont. Code Ann. § 27-2-206 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-206
27-2-206 Actions for legal malpractice
Status: in_force

27-2-206 . Actions for legal malpractice. An action against an attorney licensed to practice law in Montana or a paralegal assistant or a legal intern employed by an attorney based upon the person's alleged professional negligent act or for error or omission in the person's practice must be commenced within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the act, error, or omission, whichever occurs last, but in no case may the action be commenced after 10 years from the date of the act, error, or omission.
Mont. Code Ann. § 27-1-719 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-719
27-1-719 Liability of seller of product for physical harm to user or consumer
Status: in_force

27-1-719 . (Temporary) Liability of seller of product for physical harm to user or consumer. (1) A person who sells a product in a defective condition that is unreasonably dangerous to a user or consumer or to the property of a user or consumer is liable for physical harm caused by the product to the ultimate user or consumer or to the user's or consumer's property if:

(a) the seller is engaged in the business of selling the product; and

(b) the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The provisions of subsection (1) apply even if:

(a) the seller exercised all possible care in the preparation and sale of the product; and

(b) the user or consumer did not buy the product from or enter into any contractual relation with the seller.

(3) (a) Subsection (1) does not apply to product liability claims brought for damages caused in part by covid-19 as defined in 27-1-1601 , which are governed by 27-1-1602 .

(b) Subsection (1)(b) does not apply to a claim for relief based on improper product design.

(4) A seller named as a defendant in an action based on strict liability in tort for damages to person or property caused by a defectively designed or defectively manufactured product may assert the following affirmative defenses against the claimant, user, or consumer, the legal representative of the claimant, user, or consumer, or any person claiming damages by reason of injury to the user or consumer:

(a) the claimant, user, or consumer of the product discovered the defect or the defect was open and obvious and the claimant, user, or consumer unreasonably made use of the product and was injured by it;

(b) the product was unreasonably misused by the user or consumer and the misuse caused or contributed to the injury. Unreasonable misuse of the product includes use of the product in a manner that contravenes an express warning or instruction appearing on, accompanying, or attached to the product or on its original container or wrapping, if the user or consumer knew or with the exercise of reasonable and diligent care should have known of the instructions or warnings.

(c) the claimant's contributory negligence or fault, regardless of the legal basis;

(d) the negligence or fault, regardless of the legal basis, of any party to a product liability action;

(e) the negligence or fault, regardless of the legal basis, of any person or entity with whom the claimant has settled or whom the claimant has released from liability as provided in 27-1-703 (6).

(5) The affirmative defenses referred to in subsection (4) mitigate or bar recovery and must be applied in accordance with the principles of comparative negligence set forth in 27-1-702 .

(6) A seller named as a defendant in a product liability action may assert the following affirmative defenses against the claimant, user, or consumer, the legal representative of the claimant, user, or consumer, or any person claiming damages by reason of injury to the user or consumer:

(a) the plans or design for the product at issue or the methods and techniques of manufacturing, inspecting, testing, and labeling the product could not have been made safer by the adoption of a reasonable alternative that was available at the time the product was first sold to a user or consumer; or

(b) the product liability action was not commenced within 10 years of the date on which the product was first sold or leased to any person or otherwise placed into the stream of commerce, unless:

(i) the seller against whom the product liability action is brought knowingly concealed a defective or unsafe condition in the product that is the subject of the action or has knowingly concealed negligence in the product's construction, manufacture, or assembly, and if the matter so concealed directly resulted in the economic loss, personal injury, property damage, or wrongful death for which the action is brought;

(ii) the product is subject to a government-mandated product recall related to consumer safety, provided that the action must be limited to the extent that the subject of the product liability action and the underlying reason for the recall are the same;

(iii) the product liability action is brought with respect to a product that is real property or an improvement to real property;

(iv) the product liability action alleges that the product has a defective condition that is unreasonably dangerous because it causes a respiratory or malignant disease with a latency of more than 10 years, and the seller against whom the product liability action is brought is also the manufacturer of the product claimed to be defective; or

(v) the seller or the person who first placed the product that is the subject of the product liability action in the stream of commerce has stated in a written warranty or an advertisement to the public that the product has an expected useful life for a period certain that is greater than 10 years, in which event any product liability action that is otherwise within this section and is not barred by any other provision of law must be brought no later than 2 years following the expiration of that period certain.

(7) In a product liability action, it is rebuttably presumed that the product that caused the injury, death, or property damage was not in a defective condition that is unreasonably dangerous and that the manufacturer or seller of the product was not negligent. The jury must be informed of this presumption if at the time the product was first sold or leased to any person or otherwise placed into the stream of commerce:

(a) the product at issue's formula, design, labeling, warning, or instructions complied with mandatory safety statutes, standards, or regulations adopted by the federal or state government or an agency of the federal or state government that were applicable to the product at issue at the time of its manufacture and that addressed the product risk that allegedly caused harm;

(b) the product at issue was subject to premarket licensing or approval by the federal or state government or an agency of the federal or state government, the seller complied with all of the government's or agency's procedures and requirements pertaining to premarketing licensing or approval, and the product was approved or licensed for sale by the government or agency; or

(c) the product at issue:

(i) was a drug or medical device;

(ii) was approved for safety and efficacy by the United States food and drug administration;

(iii) was in compliance, in addition to its labeling, with the United States food and drug administration's approval at the time the product at issue left the control of the seller; and

(iv) was not sold in the United States after the effective date of any order of the United States food and drug administration to remove the product at issue from the market or to withdraw its approval.

(8) A product liability action may not be commenced or maintained against a seller who is not also a manufacturer unless the claimant proves by a preponderance of evidence that:

(a) the seller actually exercised substantial control over some aspect of the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, warnings, and instructions of the product that was a proximate cause of the damages for which the claimant seeks recovery;

(b) the seller altered, modified, or installed the product after it left the manufacturer's possession, and the alteration, modification, or installation was not authorized or requested by the manufacturer, was not performed in compliance with the directions or specifications of the manufacturer, and was a direct cause of the damages for which the claimant seeks recovery;

(c) the seller failed to exercise reasonable care with regard to the assembly, maintenance, service, or repair of the product at issue or in conveying to the claimant the manufacturer's labels, warnings, or instructions, and this failure was a proximate cause of the damages for which the claimant seeks recovery;

(d) the seller made an express factual representation regarding the product independent of any express warranty made by a manufacturer regarding the product, the product failed to conform to the seller's independent express warranty, the claimant relied on the express factual representation, and the failure of the product to conform to the seller's independent express warranty was a proximate cause of the damages for which the claimant seeks recovery;

(e) the manufacturer cannot be identified, despite a good-faith exercise of due diligence to identify the manufacturer of the product;

(f) personal jurisdiction over the manufacturer cannot be obtained in the state;

(g) the manufacturer has been adjudicated bankrupt and a judgment is not otherwise recoverable from the assets of the manufacturer's bankruptcy estate; or

(h) the seller had actual knowledge that the product contained a defect at the time the seller placed the product into the stream of commerce, and that known defect was a proximate cause of the damages for which the claimant seeks recovery.

(9) As used in this section:

(a) "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant. When the action seeks to recover damages to or for a person who has died, the term includes the decedent as well as the party or parties bringing the action seeking relief.

(b) "Manufacturer" means a person, corporation or other legal entity that is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part of a product and who places the product or any component part of the product in the stream of commerce.

(c) "Product liability action" means any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories on which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product.

(d) "Seller" means a manufacturer, wholesaler, or retailer. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997; subsection (3)(a) terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-17-202 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-202
27-17-202 Description of property in affidavit
Status: in_force

27-17-202 . Description of property in affidavit. Where the affidavit describes two or more chattels of the same kind, it must state the number thereof, and where it describes a chattel in bulk, it must state the weight, measurement, or other quantity, as nearly as can be ascertained. Where it describes two or more chattels, it may, at the election of the plaintiff, state the aggregate value of all or, separately, the value of any chattel or of any class of chattels and the aggregate value of the remainder, if any.
Mont. Code Ann. § 27-1-803 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-803
27-1-803 Slander defined
Status: in_force

27-1-803 . Slander defined. Slander is a false and unprivileged publication other than libel that:

(1) charges any person with crime or with having been indicted, convicted, or punished for crime;

(2) imputes in a person the present existence of an infectious, contagious, or loathsome disease;

(3) tends directly to injure a person in respect to the person's office, profession, trade, or business, either by imputing to the person general disqualification in those respects that the office or other occupation peculiarly requires or by imputing something with reference to the person's office, profession, trade, or business that has a natural tendency to lessen its profit;

(4) imputes to a person impotence or want of chastity; or

(5) by natural consequence causes actual damage.
Mont. Code Ann. § 27-1-736 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-736
27-1-736 Limits on liability of medical practitioner or dental hygienist who provides services without compensation
Status: in_force

27-1-736 . Limits on liability of medical practitioner or dental hygienist who provides services without compensation. (1) A medical practitioner, as defined in 37-2-101 , or a dental hygienist licensed under Title 37, chapter 4, who renders, at any site, any health care within the scope of the provider's license, voluntarily and without compensation, to a patient of a clinic, to a patient referred by a clinic, or in a community-based program to provide access to health care services for uninsured persons is not liable to a person for civil damages resulting from the rendering of the care unless the damages were the result of gross negligence or willful or wanton acts or omissions by the medical practitioner or dental hygienist. Each patient must be given notice that under state law the medical practitioner or dental hygienist cannot be held legally liable for ordinary negligence if the medical practitioner or dental hygienist does not have malpractice insurance.

(2) A physician participating in the Montana health corps act provided for in Title 37, chapter 3, part 8, is immune from liability as provided in 37-3-806 .

(3) For purposes of this section:

(a) "clinic" means a place for the provision of health care to patients that is organized for the delivery of health care without compensation or that is operated as a health center under 42 U.S.C. 254b;

(b) "community-based program to provide access to health care services for uninsured persons" means a local program in which care is provided without compensation to individuals who have been referred through that community-based program and in which the medical practitioner or dental hygienist has entered into a written agreement to provide the service;

(c) "health care" has the meaning provided in 50-16-504 ;

(d) "without compensation" means that the medical practitioner or dental hygienist voluntarily rendered health care without receiving any reimbursement or compensation, except for reimbursement for supplies.

(4) Subsection (1) applies only to a medical practitioner or dental hygienist who:

(a) does not have malpractice insurance coverage because the medical practitioner or dental hygienist is retired or is otherwise not engaged in active practice; or

(b) has malpractice insurance coverage that has a rider or exclusion that excludes coverage for services provided under this section.
Mont. Code Ann. § 27-32-203 — MT Code / Title 27 / Chapter 32 / Part 2 / Section 27-32-203
27-32-203 Conduct of hearing
Status: in_force

27-32-203 . Conduct of hearing. At the time fixed for the hearing of such petition, the petitioner must appear and testify. Upon the hearing thereof, affidavits shall be received in evidence and shall have the same force and effect as if the testimony had been taken by deposition.
Mont. Code Ann. § 27-25-305 — MT Code / Title 27 / Chapter 25 / Part 3 / Section 27-25-305
27-25-305 Copy of judgment to inferior tribunal or officer
Status: in_force

27-25-305 . Copy of judgment to inferior tribunal or officer. A copy of the judgment, signed by the clerk, must be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified upon.
Mont. Code Ann. § 27-1-308 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-308
27-1-308 Allowed recovery and permissible evidence -- reasonable value of medical or health care services or treatment -- actions arising from bodily injury or death -- subrogation rights
Status: in_force

27-1-308 . Allowed recovery and permissible evidence -- reasonable value of medical or health care services or treatment -- actions arising from bodily injury or death -- subrogation rights. (1) (a) The purpose of this section is to abrogate the common law collateral source rule, court decisions, and all prior statutes applicable to determining the amounts recoverable by plaintiffs as damages for medical services or treatment.

(b) This section does not modify duties owed in accordance with 33-18-201 .

(2) In an action arising from bodily injury or death, a plaintiff's recovery may not exceed amounts actually:

(a) paid by or on behalf of the plaintiff to health care providers that rendered reasonable and necessary medical services or treatment to the plaintiff;

(b) necessary to satisfy charges that have been incurred and at the time of trial are still owing and payable to health care providers for reasonable and necessary medical services or treatment rendered to the plaintiff; and

(c) necessary to provide for any future reasonable and necessary medical services or treatment for the plaintiff.

(3) The jury shall determine its award for the reasonable value of medical services or treatment without consideration of any charges for medical services or treatment that were included on health care providers' bills but resolved by way of contractual discount, price reduction, disallowance, gift, writeoff, or otherwise not paid. Evidence admissible to establish the reasonable value of medical services or treatment is limited to evidence identifying the amounts actually:

(a) paid by or on behalf of the plaintiff, regardless of the source of payment, to satisfy the financial obligation for medical services or treatment that the plaintiff received;

(b) necessary to satisfy the financial obligation for medical services or treatment rendered to the plaintiff that have been incurred but not yet satisfied. This evidence may not include any reference to sums that exceed the amount for which the unpaid charges could be satisfied if submitted to any health insurance covering the plaintiff or any public or government-sponsored health care benefit program for which the plaintiff is eligible, regardless of whether the incurred but not yet satisfied charges have been or will be submitted to the plaintiff's health insurance or public or government-sponsored health care benefit program.

(c) necessary to satisfy the financial obligation for any reasonable and necessary future medical services or treatment of the plaintiff. This evidence may not include any reference to sums that exceed the amount for which the future charges of health care providers could be satisfied if submitted to any health insurance covering the plaintiff or any public or government-sponsored health care benefit program for which the plaintiff is eligible.

(4) If prior to trial a defendant, a defendant's insurer or authorized representative, or any combination of the three pays any part of the financial obligation for medical services or treatment provided to the plaintiff, then prior to the entry of judgment the court shall reduce the sum awarded to the plaintiff at trial by the amount of the payment or other collateral source as defined in 27-1-307 .

(5) Except for subrogation rights specifically granted by state or federal law or provided by contract, there is no right to subrogation for any amount paid or payable to a plaintiff from a collateral source for an award entered as provided in subsection (2).
Mont. Code Ann. § 27-17-311 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-311
27-17-311 Remedies of plaintiff following delivery by sheriff
Status: in_force

27-17-311 . Remedies of plaintiff following delivery by sheriff. (1) When, as provided for in this chapter, the sheriff has taken property that is subject to a security interest arising under Title 30, chapter 9A, part 2, granted to plaintiff by defendant and return of the property is not required within 5 days after the taking and serving notice on the defendant, the sheriff shall deliver the property to the plaintiff.

(2) Upon delivery of the property by the sheriff, the plaintiff may then exercise the remedies available under Title 30, chapter 9A, part 6.
Mont. Code Ann. § 27-1-316 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-316
27-1-316 Breach of covenants in grants of estates in real property
Status: in_force

27-1-316 . Breach of covenants in grants of estates in real property. (1) The detriment caused by the breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment in a grant of an estate in real property is considered to be:

(a) the price paid to the grantor or, if the breach is partial only, the proportion of the price that the value of the property affected by the breach bore at the time of the grant to the value of the whole property;

(b) interest on the portion of the price for the time during which the grantee derived no benefit from the property, not exceeding 5 years; and

(c) any expenses properly incurred by the covenantee in defending possession.

(2) The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is considered to be the amount that has been actually expended by the covenantee in extinguishing either the principal or interest of the amount, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach as compared with the whole or, in the latter case, interest on a like amount.
Mont. Code Ann. § 27-26-307 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-307
27-26-307 Procedure when there is no answer or no material issue of fact
Status: in_force

27-26-307 . Procedure when there is no answer or no material issue of fact. If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law or puts in issue immaterial statements not affecting the substantial right of the parties, the court or judge must proceed to hear or fix a day for hearing the argument of the case.
Mont. Code Ann. § 27-1-420 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-420
27-1-420 No specific performance of agreement to buy property when title not clear
Status: in_force

27-1-420 . No specific performance of agreement to buy property when title not clear. An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
Mont. Code Ann. § 27-12-404 — MT Code / Title 27 / Chapter 12 / Part 4 / Section 27-12-404
27-12-404 Disqualification of panel member
Status: in_force

27-12-404 . Disqualification of panel member. (1) A panel member or proposed member must be disqualified from consideration of a case in which, by virtue of the member's circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a panel member or proposed member from serving.

(2) If a party files an affidavit stating that the party believes a panel member cannot impartially sit in review of the application, that panel member is disqualified from consideration of the case. The affidavit must be filed within 15 days of the transmittal by the director, under 27-12-402 , of the names of the panel members selected. A party may not disqualify more than three panel members. The entity that chose the disqualified member shall select another panel member.
Mont. Code Ann. § 27-17-204 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-204
27-17-204 Endorsement requiring sheriff to take property
Status: in_force

27-17-204 . Endorsement requiring sheriff to take property. The plaintiff or the plaintiff's attorney may, by an endorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be to take the property from the defendant.
Mont. Code Ann. § 27-1-1501 — MT Code / Title 27 / Chapter 1 / Part 15 / Section 27-1-1501
27-1-1501 Short title
Status: in_force

27-1-1501 . Short title. This part may be cited as the "Montana Anti-Intimidation Act of 1996".
Mont. Code Ann. § 27-16-207 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-207
27-16-207 Service of order and affidavit
Status: in_force

27-16-207 . Service of order and affidavit. The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff who, upon arresting the defendant, shall deliver the defendant a copy of the affidavit and also, if the defendant desires, a copy of the order of arrest.
Mont. Code Ann. § 27-12-601 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-601
27-12-601 Selection of presiding officer
Status: in_force

27-12-601 . Selection of presiding officer. At or prior to the time set for the hearing, the attorney members of the panel shall select a presiding officer, who must be an attorney.
Mont. Code Ann. § 27-8-101 — MT Code / Title 27 / Chapter 8 / Part 1 / Section 27-8-101
27-8-101 Short title
Status: in_force

27-8-101 . Short title. This chapter may be cited as the "Uniform Declaratory Judgments Act".
Mont. Code Ann. § 27-12-701 — MT Code / Title 27 / Chapter 12 / Part 7 / Section 27-12-701
27-12-701 Tolling of statute of limitations
Status: in_force

27-12-701 . Tolling of statute of limitations. (1) Upon receipt of an application by the director, the running of an applicable limitation period in a malpractice claim is tolled as to each chiropractic physician named as a party and as to each other person or entity named as a necessary or proper party for a court action that might subsequently arise out of the factual circumstances set forth in the application.

(2) The running of the applicable limitation period in a malpractice claim does not begin again until:

(a) 30 days after an order of dismissal, with or without prejudice against refiling, is issued; or

(b) after the panel's final decision is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney.
Mont. Code Ann. § 27-2-204 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-204
27-2-204 Tort actions -- general and personal injury
Status: in_force

27-2-204 . (Temporary) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 , the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.

(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.
Mont. Code Ann. § 27-12-204 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-204
27-12-204 Authority to adopt rules
Status: in_force

27-12-204 . Authority to adopt rules. The director, in consultation with the state bar of Montana and subject to approval of the supreme court, is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the panel. Rules may not be adopted that require a party to make a monetary payment as a condition of bringing a malpractice claim before the chiropractic review panel.
Mont. Code Ann. § 27-12-302 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-302
27-12-302 Content of application -- waiver of confidentiality of medical records
Status: in_force

27-12-302 . Content of application -- waiver of confidentiality of medical records. The application must contain a statement:

(1) in reasonable detail of the elements of the chiropractic physician's conduct that are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all witnesses, chiropractic and other physicians, and hospitals having contact with the claimant; and

(2) authorizing the panel to obtain access to all medical and hospital records and information pertaining to the claim and, for the purposes of the panel's consideration of the claim, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving any privilege for any other purpose or in any other context, in or out of court.
Mont. Code Ann. § 27-17-401 — MT Code / Title 27 / Chapter 17 / Part 4 / Section 27-17-401
27-17-401 Form of judgment
Status: in_force

27-17-401 . Form of judgment. (1) In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or for the value thereof, in case a return cannot be had, and damages for taking and withholding the same.

(2) The judgment in an action for claim and delivery in justices' courts must be entered substantially in the form required by subsection (1).
Mont. Code Ann. § 27-30-207 — MT Code / Title 27 / Chapter 30 / Part 2 / Section 27-30-207
27-30-207 Private cause of action for public nuisance
Status: in_force

27-30-207 . Private cause of action for public nuisance. (1) A public nuisance cause of action is available to a private person only if that person has sustained a special injury proximately caused by the public nuisance and only if the person can show the existence of the special injury by clear and convincing evidence.

(2) A special injury is an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right. A special injury is not one based upon impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

(3) Financial expenditures made by a private person related to an injunction of, or any other response to, a public nuisance does not constitute a special injury sufficient to confer standing on the person to file or maintain a public nuisance action.

(4) The remedy available to a private person in a public nuisance action is limited solely to compensatory damages for the special injury.

(5) The abatement of a public nuisance pursuant to 27-30-204 does not preclude the right of a person to recover compensatory damages under this section.

(6) Private persons may not bring a class action for special injuries arising out of a public nuisance.
Mont. Code Ann. § 27-19-319 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-319
27-19-319 Motion to dissolve or modify restraining order
Status: in_force

27-19-319 . Motion to dissolve or modify restraining order. On 2 days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice as the court or judge may prescribe, the adverse party may appear and move that the order be dissolved or modified. The court shall hear and determine such motion as expeditiously as the ends of justice require.
Mont. Code Ann. § 27-6-304 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-304
27-6-304 Copies of application to professional societies when vicarious liability claimed
Status: in_force

27-6-304 . Copies of application to professional societies when vicarious liability claimed. In instances where applications are received employing a theory of respondeat superior or some other derivative theory of recovery, the director shall forward the application to the state professional societies, associations, or licensing boards of both the individual health care provider whose alleged malpractice caused the application to be filed and the health care provider named a respondent as employer, master, or principal.
Mont. Code Ann. § 27-1-726 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-726
27-1-726 Definitions
Status: in_force

27-1-726 . Definitions. As used in 27-1-725 through 27-1-727 , the following definitions apply:

(1) "Engage in an equine activity" means to ride, train, drive, or be a passenger upon an equine, whether mounted or unmounted, or to assist a participant, equine activity sponsor, or equine professional. The phrase does not mean activity by a spectator at an equine activity, unless the spectator is improperly in an unauthorized area in immediate proximity to an equine activity.

(2) "Equine" means a horse, pony, mule, donkey, or hinny.

(3) "Equine activity" means:

(a) equine shows, fairs, competitions, performances, or parades that involve any breed of equines and any of the equine disciplines, including but not limited to dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(b) equine training or teaching activities;

(c) boarding equines;

(d) riding, inspecting, grooming, or evaluating an equine belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the equine or permits a prospective purchaser of the equine to ride, inspect, groom, or evaluate the equine;

(e) rides, trips, hunts, pack trips, or other equine activities of any type, however informal, that are sponsored by an equine activity sponsor; and

(f) providing veterinarian or farrier services.

(4) "Equine activity sponsor" means an individual, group, club, partnership, corporation, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity. The phrase includes but is not limited to pony clubs; 4-H clubs; hunt clubs; riding clubs; riding classes and programs; therapeutic riding programs; operators, instructors, and promoters of equine facilities; stables; clubhouses; pony ride strings; farms; ranches; and arenas.

(5) "Equine professional" means a person engaged for compensation in:

(a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;

(b) selling or renting equipment or tack to a participant; or

(c) providing veterinary or farrier services.

(6) "Participant" means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(7) "Risks inherent in equine activities" means dangers or conditions that are an integral part of equine activities, including but not limited to:

(a) the propensity of an equine to behave in ways that may result in injury or harm to or the death of persons on or around the equine;

(b) the unpredictability of an equine's reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;

(c) hazards, such as surface and subsurface ground conditions;

(d) collisions with other equines or objects; or

(e) the potential of another participant to not maintain control over the equine or to not act within the person's ability.
Mont. Code Ann. § 27-1-323 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-323
27-1-323 Wrongful death
Status: in_force

27-1-323 . Wrongful death. In every action under 27-1-513 , such damages may be given as under all the circumstances of the case may be just.
Mont. Code Ann. § 27-1-305 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-305
27-1-305 Property of peculiar value
Status: in_force

27-1-305 . Property of peculiar value. Where a certain property has a peculiar value to a person recovering damages for deprivation thereof or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof or against a willful wrongdoer.
Mont. Code Ann. § 27-5-116 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-116
27-5-116 Short title -- neutral arbitrator's disclosure required
Status: in_force

27-5-116 . Short title -- neutral arbitrator's disclosure required. (1) This section may be cited as the "Fairness in Arbitration Act".

(2) Beginning October 1, 2009, a person who has been proposed, nominated, or appointed as a neutral arbitrator pursuant to an arbitration agreement, other than one contained in a collective bargaining agreement, shall comply with the requirements of this section.

(3) A person who has been proposed, nominated, or appointed as a neutral arbitrator for an arbitration proceeding shall disclose to each party all matters that could cause a person aware of the facts underlying a potential conflict of interest to have a reasonable doubt that the person would be able to act as a neutral or impartial arbitrator.

(4) In addition to any matters disclosed pursuant to subsection (3), the person proposed, nominated, or appointed shall disclose:

(a) the existence, regarding the person, of any ground specified in 3-1-803 for disqualification of a judge;

(b) whether the person has been employed by a party to the arbitration proceeding within the last 5 years;

(c) (i) (A) the names of the parties to arbitration proceedings commenced after October 1, 2009, other than the pending proceeding, in which the person served or is serving as a party arbitrator and not a neutral arbitrator for any party to that proceeding or as an attorney for a party to that proceeding and the results of each of those proceedings that were arbitrated to conclusion; or

(B) beginning October 1, 2014, the names of the parties to all prior or current arbitration proceedings, other than the pending proceeding, within the last 5 years in which the person served or is serving as a party arbitrator and not a neutral arbitrator for any party to that proceeding or as an attorney for a party to that proceeding and the results of each of those proceedings that were arbitrated to conclusion;

(ii) regarding the information disclosed pursuant to subsection (4)(c)(i), as appropriate, the:

(A) date of the arbitration award;

(B) identification of the prevailing party;

(C) names of the parties' attorneys; and

(D) amount of monetary damages awarded, if any;

(d) (i) (A) the names of the parties to arbitration proceedings commenced after October 1, 2009, other than the pending proceeding, in which the person served or is serving as a neutral arbitrator and the results of each of those proceedings that were arbitrated to conclusion; or

(B) beginning October 1, 2014, the names of the parties to all prior or current arbitration proceedings, other than the pending proceeding, within the last 5 years in which the person served or is serving as a neutral arbitrator and the results of each of those proceedings that were arbitrated to conclusion;

(ii) regarding the information disclosed pursuant to subsection (4)(d)(i), as appropriate, the:

(A) date of the arbitration award;

(B) identification of the prevailing party;

(C) identification of the person and the party who selected the person to serve as a neutral arbitrator, if any;

(D) names of the parties' attorneys; and

(E) amount of monetary damages awarded, if any; and

(e) any attorney-client relationship the person has or has had with a party or an attorney for a party to the arbitration proceeding within the last 5 years.

(5) In order to preserve confidentiality, it is sufficient for the purposes of subsections (4)(c) and (4)(d) for the person to identify any party who is not a party to the pending arbitration proceeding as "claimant" or "respondent" if that party is or was an individual and not a business or corporate entity.

(6) The person proposed, nominated, or appointed as a neutral arbitrator shall make the disclosure required by this section in writing to all parties by serving a disclosure upon the parties within 10 days of any notice of the person's proposal, nomination, or appointment. The disclosure must be served in accordance with Title 25, chapter 3, part 2.

(7) An arbitration proceeding does not include an arbitration proceeding pursuant to a collective bargaining agreement.

(8) This section does not apply to:

(a) arbitration agreements that have been approved by the United States security and exchange commission pursuant to the Securities and Exchange Act of 1934; or

(b) arbitrations conducted by the Montana bar association's voluntary fee arbitration program.
Mont. Code Ann. § 27-16-401 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-401
27-16-401 Discharge of defendant upon giving bail before execution
Status: in_force

27-16-401 . Discharge of defendant upon giving bail before execution. The defendant, at any time before execution, is discharged from arrest either upon giving bail or upon depositing the amount mentioned in the order, as provided in this chapter.
Mont. Code Ann. § 27-18-503 — MT Code / Title 27 / Chapter 18 / Part 5 / Section 27-18-503
27-18-503 Order to person holding property to submit to examination under oath
Status: in_force

27-18-503 . Order to person holding property to submit to examination under oath. If a person to whom application is made, as prescribed in 27-18-502 , refuses to give a certificate or if it is made to appear, by affidavit, to the satisfaction of the court or a judge, that there is reason to suspect that a certificate given by the person is untrue or that it failed fully to set forth the facts required to be shown, the court or judge may make an order directing the person to attend, at a specified time and at a place within the county to which the writ is issued, and submit to an examination under oath concerning the same. The order may, in the discretion of the court or judge, direct an appearance before a referee named in the order.
Mont. Code Ann. § 27-34-104 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-104
27-34-104 Stay
Status: in_force

27-34-104 . Stay. (1) Except as otherwise provided in subsections (4) through (8), on the filing of a motion under 27-34-103 :

(a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under 27-34-103 .

(2) A stay under subsection (1) remains in effect until entry of an order ruling on the motion under 27-34-103 and expiration of the time under 27-34-109 for the moving party to appeal the order.

(3) Except as otherwise provided in subsections (5) through (7), if a party appeals from an order ruling on a motion under 27-34-103 , all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(4) During a stay under subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under 27-34-107 (1) and the information is not reasonably available unless discovery is allowed.

(5) A motion under 27-34-110 for costs, attorney fees, and expenses is not subject to a stay under this section.

(6) A stay under this section does not affect a party's ability voluntarily to dismiss a civil action or part of a civil action or move to sever a civil action.

(7) During a stay under this section, the court for good cause may hear and rule on:

(a) a motion unrelated to the motion under 27-34-103 ; and

(b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

(8) The stay provided for in this section does not apply to actions for a temporary or permanent order of protection as set forth in Title 40, chapter 15.
Mont. Code Ann. § 27-18-102 — MT Code / Title 27 / Chapter 18 / Part 1 / Section 27-18-102
27-18-102 What property subject to attachment
Status: in_force

27-18-102 . What property subject to attachment. (1) Except as provided in subsection (2), the rights or shares that the defendant has in the stock of any corporation or company, together with the interest and profits on the stock, all debts due the defendant, and all other property in this state of the defendant not exempt from execution may be attached and, if judgment is recovered, sold to satisfy the judgment and execution. Property exempt from execution is exempt from attachment.

(2) In any action in which the amount sued for is $10 or less, the wages and earnings of the debtor or defendant for personal services rendered at any time within 30 days before the commencement of the action are exempt from attachment.
Mont. Code Ann. § 27-2-304 — MT Code / Title 27 / Chapter 2 / Part 3 / Section 27-2-304
27-2-304 Actions involving personal property accruing after death and before issuance of letters of administration
Status: in_force

27-2-304 . Actions involving personal property accruing after death and before issuance of letters of administration. The time within which an action must be commenced by an executor or administrator to recover personal property taken after the death of a testator or intestate and before the issuing of letters of administration or to recover damages for taking, detaining, or injuring personal property within the same period shall be computed from:

(1) the time of issuing such letters if they are issued within 5 years of the death;

(2) 5 years after the death if the letters have not then been issued.
Mont. Code Ann. § 27-18-101 — MT Code / Title 27 / Chapter 18 / Part 1 / Section 27-18-101
27-18-101 Cases in which property may be attached
Status: in_force

27-18-101 . Cases in which property may be attached. (1) Property may be attached in:

(a) an action upon a contract, express or implied, for the direct payment of money where the contract:

(i) is not secured by any mortgage or lien upon real property; or

(ii) is originally secured and such security has, without any act of the plaintiff or the person to whom the security was given, become valueless;

(b) an action based upon a statutory stockholders' liability; and

(c) an action by a local government for the purpose of ensuring debris removal if it is determined that the underlying property is worth less than the cost of debris removal.

(2) Attachment may not issue if the defendant gives security to pay the judgment.

(3) For the purpose of this section, the guaranty of a loan in which the only condition precedent to the obligation of the guarantor is the default of the principal is an unconditional contract for the direct payment of money.
Mont. Code Ann. § 27-12-103 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-103
27-12-103 Definitions
Status: in_force

27-12-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Chiropractic physician" means:

(a) for purposes of the annual assessment under 27-12-206 , a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the assessment:

(i) has the individual's principal residence or place of chiropractic practice in the state of Montana;

(ii) is not employed full time by any federal agency or entity; and

(iii) is not fully retired from the practice of chiropractic; or

(b) for all other purposes, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the occurrence of the incident giving rise to a malpractice claim:

(i) had the individual's principal residence or place of chiropractic practice in the state of Montana and was not employed full time by any federal agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of a state to render chiropractic services and each of whose shareholders, partners, or owners were chiropractic physicians licensed to practice chiropractic under Title 37, chapter 12.

(2) "Director" means the director of the Montana chiropractic legal panel.

(3) "Malpractice claim" means any claim or potential claim against a chiropractic physician for chiropractic treatment, lack of chiropractic treatment, or alleged departure from accepted standards of chiropractic health care that proximately results in damage to the claimant and includes but is not limited to a tort or contract claim or potential claim.

(4) "Panel" means the Montana chiropractic legal panel created in 27-12-104 .
Mont. Code Ann. § 27-26-305 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-305
27-26-305 Motion for new trial
Status: in_force

27-26-305 . Motion for new trial. The motion for a new trial must be made in the court in which the issue of fact is tried.
Mont. Code Ann. § 27-20-303 — MT Code / Title 27 / Chapter 20 / Part 3 / Section 27-20-303
27-20-303 Investment of funds
Status: in_force

27-20-303 . Investment of funds. Funds in the hands of a receiver may be invested upon interest, by order of the court, but no such order can be made except upon the consent of all the parties to the action.
Mont. Code Ann. § 27-1-313 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-313
27-1-313 Breach of warranty of agent's authority
Status: in_force

27-1-313 . Breach of warranty of agent's authority. The detriment caused by the breach of a warranty of an agent's authority is considered to be the amount that could have been recovered and collected from the principal if the warranty had been complied with and the reasonable expenses of legal proceedings taken in good faith to enforce the act of the agent against the principal.
Mont. Code Ann. § 27-2-407 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-407
27-2-407 When action terminated or judgment reversed
Status: in_force

27-2-407 . When action terminated or judgment reversed. If an action is commenced within the time limited for the action and a judgment is reversed on appeal without awarding a new trial or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff's representative may commence a new action for the same cause after the expiration of the time limited and within 1 year after a reversal or termination.
Mont. Code Ann. § 27-16-801 — MT Code / Title 27 / Chapter 16 / Part 8 / Section 27-16-801
27-16-801 Immigration detainer requests -- arrest authority and duty to arrest
Status: in_force

27-16-801 . Immigration detainer requests -- arrest authority and duty to arrest. (1) A public safety officer as defined in 44-4-401 (2) who is in possession of an immigration detainer request issued by a federal immigration agency shall arrest a person who is already in custody and the subject of an immigration detainer request;

(2) As used in this section, the following definitions apply:

(a) (i) "Federal immigration agency" means the United States department of justice, the United States department of homeland security, and any division, agency, or other component of either of those departments, including but not limited to United States immigration and customs enforcement, United States customs and border protection, United States citizenship and immigration services, and any successor department, division, agency or other component.

(ii) The term includes officials, officers, representatives, agents, and employees.

(b) "Immigration detainer request" means a written or electronic request issued by a federal immigration agency to detain and maintain control of an alien.

(3) In executing an arrest pursuant to an immigration detainer request, a public safety officer shall:

(a) comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and

(b) inform the person to whom the immigration detainer request applies that the person is being held pursuant to an immigration detainer request issued by a federal immigration agency.

(4) A public safety officer is not required to arrest or detain a person if presented with credible evidence that the person is a citizen of the United States or that the person has lawful immigration status in the United States.

(5) To meet the duty established in this section, a public safety officer may not maintain custody of a person subject to a detainer for longer than 48 hours, excluding weekends and holidays, beyond the time that the person would otherwise have been released from custody.
Mont. Code Ann. § 27-18-732 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-732
27-18-732 Release of attachment of real property by clerk when action not prosecuted -- filing
Status: in_force

27-18-732 . Release of attachment of real property by clerk when action not prosecuted -- filing. If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such real property, issue a release of the attachment and a copy of such release shall be filed with the county clerk where the writ of attachment and notice thereof is filed and the county clerk shall file and index such release as any other releases of attachment.
Mont. Code Ann. § 27-1-221 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-221
27-1-221 Punitive damages -- liability -- proof -- award
Status: in_force

27-1-221 . Punitive damages -- liability -- proof -- award. (1) Subject to the provisions of 27-1-220 and this section, reasonable punitive damages may be awarded when the defendant has been found guilty of actual fraud or actual malice.

(2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the plaintiff and:

(a) deliberately proceeds to act in conscious or intentional disregard of the high probability of injury to the plaintiff; or

(b) deliberately proceeds to act with indifference to the high probability of injury to the plaintiff.

(3) A defendant is guilty of actual fraud if the defendant:

(a) makes a representation with knowledge of its falsity; or

(b) conceals a material fact with the purpose of depriving the plaintiff of property or legal rights or otherwise causing injury.

(4) Actual fraud exists only when the plaintiff has a right to rely on the representation of the defendant and suffers injury as a result of that reliance. The contract definitions of fraud expressed in Title 28, chapter 2, do not apply to proof of actual fraud under this section.

(5) A request for an award of punitive damages may not be contained within an initial pleading filed by a party with the court. At any time after the initial pleading is filed and discovery has commenced in the lawsuit, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages. The party making the motion may submit affidavits and documentation supporting the claim for punitive damages. A party opposing the motion may submit opposing affidavits and documentation. The court may not allow a party to assert a claim for punitive damages unless the affidavits and supporting documentation submitted by the party seeking punitive damages set forth specific facts supported by admissible evidence adequate to establish the existence of a triable issue on all elements of a punitive damages claim.

(6) All elements of the claim for punitive damages must be proved by clear and convincing evidence. Clear and convincing evidence means evidence in which there is no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. It is more than a preponderance of evidence but less than beyond a reasonable doubt.

(7) Liability for punitive damages must be determined by the trier of fact, whether judge or jury.

(8) (a) Evidence regarding a defendant's financial affairs, financial condition, and net worth is not admissible in a trial to determine whether a defendant is liable for punitive damages. When the jury returns a verdict finding a defendant liable for punitive damages, the amount of punitive damages must then be determined by the jury in an immediate, separate proceeding and be submitted to the judge for review as provided in subsection (8)(c). In the separate proceeding to determine the amount of punitive damages to be awarded, the defendant's financial affairs, financial condition, and net worth must be considered.

(b) When an award of punitive damages is made by the judge, the judge shall clearly state the reasons for making the award in findings of fact and conclusions of law, demonstrating consideration of each of the following matters:

(i) the nature and reprehensibility of the defendant's wrongdoing;

(ii) the extent of the defendant's wrongdoing;

(iii) the intent of the defendant in committing the wrong;

(iv) the profitability of the defendant's wrongdoing, if applicable;

(v) the amount of actual damages awarded by the jury;

(vi) the defendant's net worth;

(vii) previous awards of punitive or exemplary damages against the defendant based on the same wrongful act;

(viii) potential or prior criminal sanctions against the defendant based on the same wrongful act; and

(ix) any other circumstances that may operate to increase or reduce, without wholly defeating, punitive damages.

(c) The judge shall review a jury award of punitive damages, giving consideration to each of the matters listed in subsection (8)(b). If after review the judge determines that the jury award of punitive damages should be increased or decreased, the judge may do so. The judge shall clearly state the reasons for increasing, decreasing, or not increasing or decreasing the punitive damages award of the jury in findings of fact and conclusions of law, demonstrating consideration of each of the factors listed in subsection (8)(b).

(9) (a) The judge shall divide the award of punitive damages equally between the prevailing party and the state and shall enter judgment accordingly.

(b) Upon entry of a judgment awarding punitive damages, the prevailing party shall provide written notice of the judgment to the state through the attorney general.

(c) The costs of litigation related to the award of punitive damages may be deducted from the full award of punitive damages.

(d) Reasonable attorney fees related to the award of punitive damages may be deducted from the full award of punitive damages after costs, but attorney fees deducted from the state's share may not exceed 20% of the state's share of the award of punitive damages after costs.

(e) The award to the state must be deposited in the general fund.

(f) The state has no interest in or right to intervene at any stage of a judicial proceeding pursuant to this subsection (9) except to enforce or execute a judgment entered in favor of the state.

(g) This subsection (9) does not apply to an award of punitive damages of $200,000 or less.

(10) The jury may not be advised of the requirements under subsection (9) concerning the allocation of money received in payment of an award of punitive damages.

(11) This section is not intended to alter the Montana Rules of Civil Procedure governing discovery of a defendant's financial affairs, financial condition, and net worth.

(12) Subsections (9) and (10) do not apply to actions in which the state is a party.