Mont. Code Ann. § 27-33-104 — MT Code / Title 27 / Chapter 33 / Part 1 / Section 27-33-104
27-33-104 Definitions
Status: in_force

27-33-104 . Definitions. As used in this part, the following definitions apply:

(1) "Compelling governmental interest" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.

(2) "Exercise of religion" means the practice or observance of religion. The term includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one's sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.

(3) "Person" means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.

(4) "State action" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision and a local government, municipality, instrumentality, or public official authorized by law in the state of Montana.

(5) "Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion and includes but is not limited to withholding of benefits, assessment of criminal, civil, or administrative penalties, or exclusion from governmental programs or access to governmental facilities.
Mont. Code Ann. § 27-1-414 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-414
27-1-414 Right to specific performance to be mutual
Status: in_force

27-1-414 . Right to specific performance to be mutual. (1) When either of the parties to an obligation is entitled to a specific performance thereof according to the provisions of 27-1-411 , the other party is also entitled to it, though not within those provisions.

(2) Neither party to any obligation can be compelled specifically to perform it unless the other party thereto has performed or is compellable specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
Mont. Code Ann. § 27-28-301 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-301
27-28-301 When action may be commenced -- undertaking for security
Status: in_force

27-28-301 . When action may be commenced -- undertaking for security. A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the person shall enter into an undertaking, with two sufficient sureties to be approved by the judge or any judge of the court in which the action is brought, conditioned that the person will pay any judgment for costs or damages recovered against the person and all costs and expenses incurred in the prosecution of the action. The undertaking must be filed with the clerk of the court.
Mont. Code Ann. § 27-17-208 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-208
27-17-208 Security for sheriff's costs when property seized
Status: in_force

27-17-208 . Security for sheriff's costs when property seized. If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of an order for claim and delivery shall provide a bond or other security to pay for all costs that may be incurred as a result of the service of such order.
Mont. Code Ann. § 27-18-701 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-701
27-18-701 Right to hearing following seizure without notice -- notice of right
Status: in_force

27-18-701 . Right to hearing following seizure without notice -- notice of right. When a writ has been issued upon real property or upon the showing specified in 27-18-205 (3)(b)(ii), the defendant may challenge the seizure of the property at a hearing before the court to be held within 3 days after the seizure. Notice of the right to a postseizure hearing shall be served personally on the defendant, or if the defendant cannot be found for personal service, notice shall be posted on the property and in three public places in the county where the property is located.
Mont. Code Ann. § 27-28-207 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-207
27-28-207 Procedure when action brought in supreme court
Status: in_force

27-28-207 . Procedure when action brought in supreme court. Actions under this chapter commenced in the supreme court must be conducted in the same manner as if commenced in the district court, and the clerk of the supreme court has the same authority to issue summonses and other process and to enter orders and judgments as the clerk of the district court has in like cases. All pleadings and the conduct of the trial must be the same as in the district court. If a jury is required to determine an issue of fact, a jury must be drawn and selected from the jury box of Lewis and Clark County and the clerk of the district court of that county shall place the jury box in the custody of the clerk of the supreme court for that purpose.
Mont. Code Ann. § 27-12-502 — MT Code / Title 27 / Chapter 12 / Part 5 / Section 27-12-502
27-12-502 Conduct of hearing
Status: in_force

27-12-502 . Conduct of hearing. (1) At the time set for hearing, the claimant must be present and give a brief statement of the claimant's case, including the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The chiropractic physician against whom the claim is brought and the chiropractic physician's attorney may be present and may make an introductory statement of the chiropractic physician's case.

(2) A party may call witnesses to testify before the panel. Witnesses must be sworn. Medical and chiropractic texts, journals, studies, and other documentary evidence relied upon by a party may be offered and admitted if relevant. Written statements of facts by treating chiropractic physicians may be reviewed.

(3) The hearing is informal, and an official transcript may not be made.
Mont. Code Ann. § 27-25-103 — MT Code / Title 27 / Chapter 25 / Part 1 / Section 27-25-103
27-25-103 Application of rules of procedure
Status: in_force

27-25-103 . Application of rules of procedure. Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter. The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.
Mont. Code Ann. § 27-28-102 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-102
27-28-102 When proceeding may be brought against a corporation for misconduct
Status: in_force

27-28-102 . When proceeding may be brought against a corporation for misconduct. A like action may be brought against a corporation when it has:

(1) offended against a provision of an act for its creation or renewal or any act altering or amending such acts;

(2) forfeited its privileges and franchises by nonuser;

(3) committed or omitted an act which amounts to a surrender of its corporate rights, privileges, and franchises;

(4) misused a franchise or privilege conferred upon it by law or exercised a franchise or privilege not so conferred.
Mont. Code Ann. § 27-5-324 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-324
27-5-324 Appeals
Status: in_force

27-5-324 . Appeals. (1) An appeal may be taken from:

(a) an order denying an application to compel arbitration made under 27-5-115 ;

(b) an order granting an application to stay arbitration made under 27-5-115 (2);

(c) an order confirming or denying confirmation of an award;

(d) an order modifying or correcting an award;

(e) an order vacating an award without directing a rehearing; or

(f) a judgment entered pursuant to the provisions of this chapter.

(2) The appeal must be taken in the manner and to the same extent as from orders or judgments in a civil action in district court.
Mont. Code Ann. § 27-1-104 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-104
27-1-104 Bases for civil actions
Status: in_force

27-1-104 . Bases for civil actions. A civil action arises out of:

(1) an obligation;

(2) an injury.
Mont. Code Ann. § 27-2-231 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-231
27-2-231 Other actions
Status: in_force

27-2-231 . Other actions. An action for relief not otherwise provided for must be commenced within 5 years after the cause of action accrues.
Mont. Code Ann. § 27-33-102 — MT Code / Title 27 / Chapter 33 / Part 1 / Section 27-33-102
27-33-102 Legislative findings
Status: in_force

27-33-102 . Legislative findings. The legislature finds that:

(1) the framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the United States constitution;

(2) the framers of the Montana constitution, recognizing free exercise of religion as a fundamental right, secured its protection in the Montana constitution;

(3) laws and other state action that are neutral toward religion may burden the exercise of religion as surely as laws intended to interfere with religious exercise;

(4) state action should not burden exercise of religion without compelling justification;

(5) prior to 1990, laws and other state action burdening exercise of religion had to be justified by a compelling governmental interest; and

(6) the compelling governmental interest test set forth in prior federal court rulings and this part is a workable test and strikes a sensible balance between religious liberty and competing governmental interests.
Mont. Code Ann. § 27-30-106 — MT Code / Title 27 / Chapter 30 / Part 1 / Section 27-30-106
27-30-106 Definition of private nuisance
Status: in_force

27-30-106 . Definition of private nuisance. (1) A private nuisance is a condition arising out of the use of real property that:

(a) is injurious to health or safety, indecent or offensive to the senses of an individual on an adjacent or neighboring property, or

(b) obstructs the free use of an adjacent of neighboring property so as to interfere with the comfortable enjoyment of life or property.

(2) The following may not be considered a private nuisance or be the basis for a private nuisance cause of action:

(a) an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes conditions or actions that are subject to an order, notice, or decree issued under 75-10-711 or 75-10-712 ; or

(b) noises resulting from the shooting activities on a shooting range during established hours of operation.

(3) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a private nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.
Mont. Code Ann. § 27-6-503 — MT Code / Title 27 / Chapter 6 / Part 5 / Section 27-6-503
27-6-503 Conclusion of hearing -- supplemental hearing
Status: in_force

27-6-503 . Conclusion of hearing -- supplemental hearing. (1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing, which must be set for a date and time certain, not longer than 30 days from the date of the original hearing unless the claimant or the claimant's attorney consents in writing to a longer period.

(2) Any supplemental hearing must be held in the same manner as the original hearing, and the parties concerned and their attorneys may be present.
Mont. Code Ann. § 27-28-502 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-502
27-28-502 Judgment dissolving corporation
Status: in_force

27-28-502 . Judgment dissolving corporation. When in any such action it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges, or franchises or has not used the same during a term of 5 years, judgment shall be entered that it be ousted and excluded therefrom and that it be dissolved.
Mont. Code Ann. § 27-28-302 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-302
27-28-302 Contents of complaint
Status: in_force

27-28-302 . Contents of complaint. When the action is against a person for usurping an office, the complaint must set forth the name of the person who claims to be entitled to the office, with a statement of the person's right to the office.
Mont. Code Ann. § 27-1-745 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-745
27-1-745 Injury reports and investigations
Status: in_force

27-1-745 . Injury reports and investigations. (1) (a) A passenger who is injured on or by an amusement ride is encouraged to report the injury to the operator before leaving the amusement ride premises. The passenger shall, if possible, not later than 6 months after the injury, report the injury to the operator or to the owner of the premises where the amusement ride was located at the time of the injury. The report must include:

(i) the passenger's name, address, and telephone number;

(ii) a brief description of the injury and how it occurred, including the date, approximate time, location, and amusement ride on which the injury occurred; and

(iii) the names, addresses, and telephone numbers of known witnesses to the injury.

(b) The operator shall provide to the person who was injured and who has filed an injury report:

(i) the individual operator's name, current address, and telephone number;

(ii) a brief description of the ride, the maintenance schedule for the ride, and the manufacturer of the ride;

(iii) the names, current addresses, and telephone numbers of all known witnesses to the injury; and

(iv) a copy of the most recent inspection certificate as required by 27-1-749 and the inspector's name, current address, and telephone number.

(2) The report must be kept by the operator for at least 3 years after its receipt and must be made available for inspection by the injured passenger or the passenger's agent during business hours.

(3) (a) In the event of a serious injury or illness reported pursuant to subsection (1), the operator shall initiate an investigation conducted by a qualified inspector. The amusement ride may not be reopened to the public until the investigation is complete and the qualified inspector determines the ride to be safe for public use.

(b) The cost of an investigation resulting from the serious injury or illness must be paid by the operator.

(c) If the qualified inspector determines that the serious injury or illness was caused by the rider's failure to comply with the posted safety rules or with instructions given by the ride operators, the investigation must be concluded.
Mont. Code Ann. § 27-6-704 — MT Code / Title 27 / Chapter 6 / Part 7 / Section 27-6-704
27-6-704 Panel proceedings and decision privileged from disclosure in court actions
Status: in_force

27-6-704 . Panel proceedings and decision privileged from disclosure in court actions. (1) A panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.

(2) The decision and the reasoning and basis for the decision of the panel are not admissible as evidence in an action subsequently brought in a court of law and are not evidence for any purpose in an action brought under 33-18-201 , 33-18-242 , or common law.
Mont. Code Ann. § 27-1-413 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-413
27-1-413 Specific performance not to be oppressive
Status: in_force

27-1-413 . Specific performance not to be oppressive. Specific performance cannot be compelled when it would operate more harshly upon the party required to perform than its refusal would operate upon the party seeking it.
Mont. Code Ann. § 27-18-405 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-405
27-18-405 Debts, credits, and personal property in control of third person or not capable of manual delivery
Status: in_force

27-18-405 . Debts, credits, and personal property in control of third person or not capable of manual delivery. (1) Debts or credits and personal property not capable of manual delivery and personal property in the possession of a third person must be attached by leaving with the person owing the debt or having in the person's possession or under the person's control the credits and personal property or with the person's agent a copy of the writ and a notice that the debts owing by the person to the defendant or the credits and other personal property in the person's possession or under the person's control, belonging to the defendant, are attached in pursuance of the writ.

(2) Upon receiving information in writing from the plaintiff or the plaintiff's attorney that any person has in the person's possession or under the person's control any credits or other personal property belonging to the defendant or is owing any debt to the defendant, the sheriff shall serve upon that person a copy of the writ and a notice that the credits or other property or debts are attached in pursuance of the writ.

(3) Debts and credits attached may be collected by the sheriff if the collection can be done without suit. The sheriff's receipt is a sufficient discharge for the amount paid.
Mont. Code Ann. § 27-1-516 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-516
27-1-516 Injury to servant
Status: in_force

27-1-516 . Injury to servant. The rights of personal relations forbid any injury to a servant which affects the servant's ability to serve the master.
Mont. Code Ann. § 27-20-203 — MT Code / Title 27 / Chapter 20 / Part 2 / Section 27-20-203
27-20-203 Security to cover damages caused by appointment upon ex parte application
Status: in_force

27-20-203 . Security to cover damages caused by appointment upon ex parte application. If a receiver is appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages the defendant may sustain by reason of the appointment of the receiver and the entry by the receiver upon the receiver's duties, if the applicant procured the appointment wrongfully, maliciously, or without sufficient cause. The court may, at any time after the appointment, require an additional undertaking.
Mont. Code Ann. § 27-5-321 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-321
27-5-321 Applications to court -- how made
Status: in_force

27-5-321 . Applications to court -- how made. Except as otherwise provided, an application to the court under this chapter must be by motion and must be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order must be served in the manner provided by law for the service of a summons in an action.
Mont. Code Ann. § 27-26-202 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-202
27-26-202 Notice of application
Status: in_force

27-26-202 . Notice of application. The notice of the application, when given, must be at least 10 days or a shorter time, in the discretion of the court or judge.
Mont. Code Ann. § 27-12-106 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-106
27-12-106 Immunity of panel members and witnesses from civil liability
Status: in_force

27-12-106 . 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. § 27-17-302 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-302
27-17-302 Sheriff's return of execution
Status: in_force

27-17-302 . Sheriff's return of execution. The sheriff shall file the notice, undertaking, and affidavit, with the sheriff's proceedings thereon, with the clerk of the court in which the action is pending within 20 days after taking the property mentioned in the notice, undertaking, and affidavit.
Mont. Code Ann. § 27-1-715 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-715
27-1-715 Liability of owner of vicious dog
Status: in_force

27-1-715 . Liability of owner of vicious dog. (1) The owner of a dog that without provocation bites a person or service animal while the person or service animal is on or in a public place or lawfully on or in a private place located within an incorporated city or town is liable for damages that may be suffered by the person or service animal bitten, regardless of the former viciousness of the dog or the owner's knowledge of the viciousness.

(2) A person or service animal is lawfully in a private place within the meaning of this section when the person or service animal is on the property in the performance of any duty imposed on the person or service animal by the laws of this state or by the laws or postal regulations of the United States of America or when the person or service animal is on the property as an invitee or licensee of the person lawfully in possession of the property.
Mont. Code Ann. § 27-9-102 — MT Code / Title 27 / Chapter 9 / Part 1 / Section 27-9-102
27-9-102 Requirement of signed, verified statement by defendant
Status: in_force

27-9-102 . Requirement of signed, verified statement by defendant. A statement in writing must be made, signed by the defendant, and verified by the defendant's oath to the following effect:

(1) It must authorize the entry of judgment for a specified sum.

(2) If it is for money due or to become due, it must state concisely the facts out of which it arose and show that the sum confessed is justly due or to become due.

(3) If it is for the purpose of securing the plaintiff against contingent liability, it must state concisely the facts constituting the liability and show that the sum confessed does not exceed the contingent liability.
Mont. Code Ann. § 27-8-205 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-205
27-8-205 Enumeration not restrictive of general powers
Status: in_force

27-8-205 . Enumeration not restrictive of general powers. The enumeration in 27-8-202 through 27-8-204 does not limit or restrict the exercise of the general powers conferred in 27-8-201 in any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.
Mont. Code Ann. § 27-28-206 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-206
27-28-206 Right to appeal
Status: in_force

27-28-206 . Right to appeal. If the action is commenced in the district court, an appeal may be taken from the judgment by either party to the supreme court as in other cases.
Mont. Code Ann. § 27-5-214 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-214
27-5-214 Representation by attorney
Status: in_force

27-5-214 . Representation by attorney. A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver of this right prior to the proceeding or hearing is ineffective.
Mont. Code Ann. § 27-1-223 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-223
27-1-223 Damages for injuries or death inflicted in duel
Status: in_force

27-1-223 . Damages for injuries or death inflicted in duel. If a person slays or permanently disables another person in a duel in this state, the person shall provide for the maintenance of the spouse and minor children of the person slain or permanently disabled in a manner and at a cost, either by aggregate compensation in damages to each or by a monthly, quarterly, or annual allowance, that is determined by the court and the party is liable for and shall pay all debts of the person slain or permanently disabled.
Mont. Code Ann. § 27-6-501 — MT Code / Title 27 / Chapter 6 / Part 5 / Section 27-6-501
27-6-501 Time and place of hearing
Status: in_force

27-6-501 . Time and place of hearing. (1) A date, time, and place for hearing shall be fixed by the director subject to subsection (2), and prompt notice thereof shall be given to the parties involved, the attorneys, and the members of the panel. In no instance may the date set be more than 120 days after the transmittal by the director of the application for review unless the panel finds good cause exists for extending the period.

(2) Panel hearings may be held in any county the panel considers necessary or advisable. The county commissioners or other governing authority shall provide, upon request of the director of the panel, suitable facilities for any such hearing.
Mont. Code Ann. § 27-1-811 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-811
27-1-811 When owner of radio station not liable for material broadcast
Status: in_force

27-1-811 . When owner of radio station not liable for material broadcast. No person, firm, or corporation owning or operating a radio broadcasting station is liable under the law of defamation on account of having made its broadcasting facilities available to any person, including but not limited to a candidate for public office, for discussion of controversial or other subjects in the absence of proof of actual malice on the part of such owner or operator.
Mont. Code Ann. § 27-6-401 — MT Code / Title 27 / Chapter 6 / Part 4 / Section 27-6-401
27-6-401 Composition of panel
Status: in_force

27-6-401 . Composition of panel. (1) Those eligible to sit on the panel are health care providers licensed pursuant to Montana law and residing in Montana and the members of the state bar of Montana. Six panel members shall sit in review of each case. Three panel members who are physicians and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more physicians. Three panel members who are dentists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more dentists. Three panel members who are podiatrists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more podiatrists. If the claim is heard only against one or more health care facilities, two of the panel members must be administrators of the same type of health care facility or facilities, one panel member must be a physician, and three panel members must be attorneys.

(2) In all other cases, two of the panel members must be physicians, one panel member must be an administrator of the same type of health care facility, and three panel members must be attorneys, except that when a claim is heard against a dentist, a dentist must be substituted for one of the physicians on the panel and when a claim is heard against a podiatrist, a podiatrist must be substituted for one of the physicians on the panel.
Mont. Code Ann. § 27-1-753 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-753
27-1-753 Limitation on liability in sport or recreational opportunity
Status: in_force

27-1-753 . Limitation on liability in sport or recreational opportunity. (1) A person who participates in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for all injury or death to the person and for all damage to the person's property that result from the inherent risks in that sport or recreational opportunity.

(2) A provider is not required to eliminate, alter, or control the inherent risks within the particular sport or recreational opportunity that is provided.

(3) (a) Sections 27-1-751 through 27-1-754 do not preclude an action based on the negligence of the provider if the injury, death, or damage is not the result of an inherent risk of the sport or recreational opportunity.

(b) This section does not prohibit a written waiver or release entered into prior to engaging in a sport or recreational opportunity for damages or injuries resulting from conduct that constitutes ordinary negligence or for risks that are inherent in the sport or recreational opportunity.

(c) Any waiver or release for a sport or recreational opportunity must:

(i) state known inherent risks of the sport or recreational opportunity; 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 the sport or recreational opportunity 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.

(d) Any waiver or release for a sport or recreational opportunity may still be challenged on any legal grounds.

(e) Any waiver or release for a sport or recreational opportunity executed in compliance with this section is not prohibited by or subject to the provisions of 28-2-702 .

(4) Sections 27-1-751 through 27-1-754 do not apply to a cause of action based on the design, manufacture, provision, or maintenance of sports or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational activity.
Mont. Code Ann. § 27-1-315 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-315
27-1-315 Breach of agreement to buy real property
Status: in_force

27-1-315 . Breach of agreement to buy real property. The detriment caused by the breach of an agreement to purchase an estate in real property is considered to be the excess, if any, of the amount that would have been due to the seller under the contract over the value of the property to the seller.
Mont. Code Ann. § 27-16-502 — MT Code / Title 27 / Chapter 16 / Part 5 / Section 27-16-502
27-16-502 Manner and time of surrender
Status: in_force

27-16-502 . Manner and time of surrender. For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may arrest the defendant or, by a written authority endorsed on a certified copy of the undertaking, may empower the sheriff to arrest the defendant.
Mont. Code Ann. § 27-7-102 — MT Code / Title 27 / Chapter 7 / Part 1 / Section 27-7-102
27-7-102 Action by court
Status: in_force

27-7-102 . Action by court. The court must thereupon hear and determine the case and render judgment thereon as if an action were depending.
Mont. Code Ann. § 27-18-721 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-721
27-18-721 Proceedings to release attachment
Status: in_force

27-18-721 . Proceedings to release attachment. Whenever the defendant has appeared in the action, the defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending or to the judge for an order to discharge the attachment, wholly or in part. Upon the execution of the undertaking mentioned in 27-18-722 , an order may be made releasing from the operation of the attachment any or all of the property attached. All of the property released and all of the proceeds of the sale of the property must be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.
Mont. Code Ann. § 27-30-306 — MT Code / Title 27 / Chapter 30 / Part 3 / Section 27-30-306
27-30-306 Emergency abatement of private nuisance by injured party
Status: in_force

27-30-306 . Emergency abatement of private nuisance by injured party. A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the private nuisance so long as doing so would not constitute committing a breach of the peace or cause unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice must be given to the wrongdoer before entering to abate the private nuisance. Nothing in this section alters the remedies available in a private nuisance cause of action.
Mont. Code Ann. § 27-1-304 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-304
27-1-304 Value of written instrument
Status: in_force

27-1-304 . Value of written instrument. For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles the owner.
Mont. Code Ann. § 27-18-1503 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1503
27-18-1503 Exception to sureties -- justification
Status: in_force

27-18-1503 . Exception to sureties -- justification. Within 2 days after or at any time before the service of the writ of attachment upon the defendant, the defendant may take exception to the sufficiency of the sureties, and if the defendant fails to do so, the defendant is considered to have waived all objections to the sureties. When an exception is taken, the sureties shall, within 3 days after notice by the defendant of not less than 1 day, justify before the justice, and upon failure to justify or if others in their place fail to justify at the time and place appointed, the justice shall make an order vacating the writ of attachment.
Mont. Code Ann. § 27-1-708 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-708
27-1-708 Liability of landowner to trespasser
Status: in_force

27-1-708 . Liability of landowner to trespasser. (1) Except as provided in subsection (2):

(a) a landowner owes a trespasser no duty of care with respect to the condition of the property;

(b) a trespasser enters or remains on the trespassed property without any assurance that the property is safe for any purpose.

(2) (a) A landowner may be liable to a trespasser for an injury to person or property for an act or omission that constitutes willful or wanton misconduct.

(b) This section does not affect any immunities from or defense to civil liability established by another section of the Montana Code Annotated or available at common law to which a landowner may be entitled.

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

(a) "Landowner" means a person or private entity, including a landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, and person or entities in control of the property or with an agreement to use or occupy the property.

(b) "Property" means privately owned real property of any kind. The term includes any improvements, buildings, structures, machinery, and equipment on the property.
Mont. Code Ann. § 27-16-503 — MT Code / Title 27 / Chapter 16 / Part 5 / Section 27-16-503
27-16-503 Exoneration of sureties
Status: in_force

27-16-503 . Exoneration of sureties. Upon arrest of the defendant by the sheriff or upon the defendant's delivery to the sheriff by the bail or upon the defendant's own surrender, the bail must be exonerated if the arrest, delivery, or surrender take place before the expiration of 10 days after judgment. However, if the arrest, delivery, or surrender is not made within 10 days after the judgment, the bail must be finally charged on their undertaking and be bound to pay the amount of the judgment within 10 days after the judgment.
Mont. Code Ann. § 27-2-303 — MT Code / Title 27 / Chapter 2 / Part 3 / Section 27-2-303
27-2-303 Actions for waste, trespass, or injury committed during mining work or exploration
Status: in_force

27-2-303 . Actions for waste, trespass, or injury committed during mining work or exploration. When waste, trespass, or injury is committed by reason of underground work upon any mining claim or seismic exploration, location, spacing, drilling, equipping, producing, or other operation related to exploration or production of oil, gas, water, geothermal resources, or other minerals, the cause of action is not considered to have accrued until the discovery by the aggrieved party of the facts constituting such waste, trespass, or injury.
Mont. Code Ann. § 27-18-804 — MT Code / Title 27 / Chapter 18 / Part 8 / Section 27-18-804
27-18-804 Sale of property subject to a security interest -- disposition of proceeds, security agreement
Status: in_force

27-18-804 . Sale of property subject to a security interest -- disposition of proceeds, security agreement. (1) When the property taken under 27-18-413 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:

(a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and

(b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.

(2) In the event the property is sold under attachment, such attaching creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.
Mont. Code Ann. § 27-25-304 — MT Code / Title 27 / Chapter 25 / Part 3 / Section 27-25-304
27-25-304 Hearing and judgment
Status: in_force

27-25-304 . Hearing and judgment. When a full return has been made, the court or judge must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming, annulling, or modifying the proceedings below.
Mont. Code Ann. § 27-18-726 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-726
27-18-726 Proceedings on motion
Status: in_force

27-18-726 . Proceedings on motion. An application specified in 27-18-725 may be founded only upon:

(1) the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or

(2) proof by affidavits on the part of the defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached, in which case it must be made to the court or judge upon notice and may be opposed by new proof, by affidavit or other evidence on the part of the plaintiff, tending to sustain any grounds of attachment.
Mont. Code Ann. § 27-16-404 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-404
27-16-404 Filing of order with return and undertaking -- plaintiff's notice of nonacceptance
Status: in_force

27-16-404 . Filing of order with return and undertaking -- plaintiff's notice of nonacceptance. (1) Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the return endorsed on the order, together with a copy of the undertaking of the bail. The sheriff shall retain the original undertaking in the sheriff's possession until filed, as provided in this section.

(2) The plaintiff, within 10 days after filing, may serve upon the sheriff a notice that the plaintiff does not accept the bail, or the plaintiff is considered to have accepted the bail and the sheriff is exonerated from liability. If notice has not been served within 10 days, the original undertaking must be filed with the clerk of the court.
Mont. Code Ann. § 27-16-1003 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1003
27-16-1003 Defendant to be taken before justice immediately
Status: in_force

27-16-1003 . Defendant to be taken before justice immediately. The defendant, immediately upon being arrested, must be taken to the office of the justice who made the order. If the justice is absent or unable to try the action or if it appears to the justice by the affidavit of defendant that the justice is a material witness in the action, the officer shall immediately take the defendant before another justice of the county, if there is another, and if not, then before a justice of an adjoining county, who shall take jurisdiction of the action and proceed as if the summons had been issued and the order of arrest made by that justice.
Mont. Code Ann. § 27-1-220 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-220
27-1-220 Punitive damages -- when allowed -- limitation
Status: in_force

27-1-220 . Punitive damages -- when allowed -- limitation. (1) Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant.

(2) (a) Unless otherwise expressly provided by statute, punitive damages may not be recovered in any action arising from:

(i) contract; or

(ii) breach of contract.

(b) Subsection (2)(a) does not prohibit recovery of punitive damages in a products liability action or an action arising under 33-18-201 .

(3) An award for punitive damages may not exceed $10 million or 3% of a defendant's net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.
Mont. Code Ann. § 27-1-514 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-514
27-1-514 Who may sue for whose seduction
Status: in_force

27-1-514 . Who may sue for whose seduction. (1) The rights of personal relations forbid the seduction of a spouse, child, orphan, or servant.

(2) Either parent may prosecute as plaintiff for the seduction of the child and the guardian for the seduction of the ward, though the child or ward is not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service.

(3) An unmarried person may prosecute as plaintiff an action for the person's own seduction and may recover damages, pecuniary or exemplary, that are assessed in the person's favor.
Mont. Code Ann. § 27-31-203 — MT Code / Title 27 / Chapter 31 / Part 2 / Section 27-31-203
27-31-203 Conduct of hearing
Status: in_force

27-31-203 . Conduct of hearing. On the day set for the hearing of said petition or at any time to which the hearing is continued or postponed, due proof of the publication or posting of the required notice as set out in 27-31-201 being made, such application must be heard. On the hearing the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the application.
Mont. Code Ann. § 27-1-1102 — MT Code / Title 27 / Chapter 1 / Part 11 / Section 27-1-1102
27-1-1102 Duty to warn of violent behavior
Status: in_force

27-1-1102 . Duty to warn of violent behavior. A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:

(1) made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and

(2) supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.
Mont. Code Ann. § 27-1-812 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-812
27-1-812 Right of owner to require prior submission of text to be broadcast
Status: in_force

27-1-812 . Right of owner to require prior submission of text to be broadcast. Any person, firm, or corporation owning or operating a radio broadcasting station shall have the right but shall not be compelled to require the submission and permanent filing in such station of a copy of the complete address or other form of expression, if in words, intended to be broadcast over such station, not more than 48 hours before the time of the intended broadcast thereof.
Mont. Code Ann. § 27-1-106 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-106
27-1-106 Injury defined
Status: in_force

27-1-106 . Injury defined. (1) An injury is of two kinds:

(a) to the person; and

(b) to property.

(2) An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Every other injury is an injury to the person.
Mont. Code Ann. § 27-1-813 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-813
27-1-813 Liability of person broadcasting -- liability of owner for broadcast prepared by station
Status: in_force

27-1-813 . Liability of person broadcasting -- liability of owner for broadcast prepared by station. Nothing in 27-1-811 or 27-1-812 may be construed to relieve any person broadcasting over a radio station from liability under the law of defamation or to relieve any person, firm, or corporation owning or operating a radio broadcasting station from liability under the law of defamation on account of any broadcast prepared or made by a person, firm, or corporation or by any officer or employee of a radio station in the course of employment. Whenever an owner or operator of a radio station is liable on account of a broadcast and two or more broadcasting stations were connected simultaneously or by transcription, film, metal tape, or other approved or adapted use for joint operation in the making of the broadcast, liability is limited solely to the person, firm, or corporation owning or operating the radio station that originated the broadcast.
Mont. Code Ann. § 27-1-501 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-501
27-1-501 Survival of cause of action or defense -- death or disability or transfer of interest
Status: in_force

27-1-501 . Survival of cause of action or defense -- death or disability or transfer of interest. (1) An action, cause of action, or defense does not abate because of the death or disability of a party or the transfer of any interest in the action or defense, but whenever the cause of action or defense arose in favor of the party prior to the party's death or disability or transfer of interest, the action or defense survives and may be maintained by the party's representatives or successors in interest. If the action has not been begun or defense interposed, the action may be begun or defense interposed in the name of the party's representatives or successors in interest. If the action has been begun or defense interposed, the action or proceeding may be continued as provided in Rule 25, M.R.Civ.P.

(2) Actions brought under 27-1-513 and this section must be combined in one legal action, and any element of damages may be recovered only once.
Mont. Code Ann. § 27-28-304 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-304
27-28-304 Whose rights determined in judgment
Status: in_force

27-28-304 . Whose rights determined in judgment. Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302 , or only upon the right of the defendant, as justice requires.
Mont. Code Ann. § 27-20-202 — MT Code / Title 27 / Chapter 20 / Part 2 / Section 27-20-202
27-20-202 Interested persons not to be appointed without consent
Status: in_force

27-20-202 . Interested persons not to be appointed without consent. No party, attorney, or person interested in an action can be appointed receiver therein without the written consent of the parties, filed with the clerk.
Mont. Code Ann. § 27-18-302 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-302
27-18-302 Filing of undertaking -- sheriff's liability
Status: in_force

27-18-302 . Filing of undertaking -- sheriff's liability. The sheriff shall thereupon file said undertaking with the clerk of the district court out of which said writ of attachment emanates, and such sheriff shall thereupon cease to be liable under said writ, and any and all actions on such undertaking shall be against the obligors named in such undertaking.
Mont. Code Ann. § 27-1-419 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-419
27-1-419 Specific performance of agreement to transfer property -- distinction between real and personal property
Status: in_force

27-1-419 . Specific performance of agreement to transfer property -- distinction between real and personal property. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.
Mont. Code Ann. § 27-2-405 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-405
27-2-405 When controversy submitted to arbitration
Status: in_force

27-2-405 . When controversy submitted to arbitration. When the persons who might be adverse parties in an action have entered into a written agreement to submit to arbitration or to refer the cause of action or a controversy in which it might be available or have entered into a written submission of the cause or controversy to arbitrators and, before an award or other determination, the agreement or submission is revoked, so as to render it ineffectual, by the death of either party or by the act of the person against whom the action might have been brought or the execution or the remedy upon an award or other determination is stayed by injunction or other order procured from a competent court or judge, the time that has elapsed between the entering into the written submission or agreement and the revocation of the submission or agreement or the expiration of the stay is not a part of the time limited for the commencement of the action.
Mont. Code Ann. § 27-1-742 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-742
27-1-742 Definitions
Status: in_force

27-1-742 . Definitions. As used in 27-1-741 through 27-1-745 [and 27-1-749 ], the following definitions apply:

(1) (a) "Amusement ride" or "ride" means a movable, portable, or nonpermanent structure that features or employs a mechanical, aquatic, or other device or attraction that carries passengers over a fixed or restricted route or that operates in a fixed or restricted area, primarily for the passengers' amusement.

(b) This definition does not apply to amusement rides that are set up and operate in any location in Montana for not more than 30 days.

(2) "Operator" means a person, business, or other entity that owns, leases, manages, or operates amusement rides.

(3) "Passenger" means a person:

(a) waiting in the immediate vicinity of an amusement ride to board the ride;

(b) entering or boarding an amusement ride;

(c) using an amusement ride;

(d) getting off or exiting from an amusement ride; or

(e) leaving the immediate vicinity of an amusement ride after getting off or exiting the ride.

(4) "Qualified inspector" means an individual who is not employed by the operator and is:

(a) a professional engineer; or

(b) an inspector holding a minimum of:

(i) a level 1 maintenance certification from AIMS international, also known as amusement industry manufacturers and suppliers international; or

(ii) a level 1 certification from the national association of amusement ride safety officials.

(5) "Serious injury or illness" means an injury to or illness of a person that results in death, dismemberment, significant disfigurement, the permanent loss of the use of a body organ, member, function, or system, a compound fracture, or any other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.
Mont. Code Ann. § 27-28-101 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-101
27-28-101 When proceeding may be instituted for unlawful assertion of authority
Status: in_force

27-28-101 . When proceeding may be instituted for unlawful assertion of authority. A civil action may be brought in the name of the state against:

(1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state;

(2) a public officer, civil or military, who does or suffers an act that, by the provisions of law, works a forfeiture of office;

(3) an association of persons who act as a corporation within this state without being legally incorporated.
Mont. Code Ann. § 27-16-602 — MT Code / Title 27 / Chapter 16 / Part 6 / Section 27-16-602
27-16-602 Sheriff to pay money into court -- certificates of payment
Status: in_force

27-16-602 . Sheriff to pay money into court -- certificates of payment. The sheriff shall, immediately after the deposit, pay the amount into court and take from the clerk receiving the amount two certificates of payment, one of which the sheriff shall deliver or transmit to the plaintiff or the plaintiff's attorney and the other to the defendant. For any default in making the payment, the same proceedings may be had on the official bond of the sheriff to collect the sum deposited as in other cases of delinquency.
Mont. Code Ann. § 27-17-304 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-304
27-17-304 When defendant may require return of property -- undertaking
Status: in_force

27-17-304 . When defendant may require return of property -- undertaking. At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not take exception to the sureties of the plaintiff, require the return of the property upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties or a letter of credit issued by a regulated lender as defined in 31-1-111 , in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery of the property to the plaintiff, if the delivery is adjudged, and for the payment to the plaintiff of the sum that may, for any cause, be recovered against the defendant.
Mont. Code Ann. § 27-17-206 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-206
27-17-206 Manner of seizure of concealed property
Status: in_force

27-17-206 . Manner of seizure of concealed property. If the property or any part of the property is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If the property is not delivered, the sheriff shall cause the building or enclosure to be broken open and take the property into the sheriff's possession and, if necessary, the sheriff may call to the sheriff's aid the power of the county.
Mont. Code Ann. § 27-1-418 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-418
27-1-418 Liquidation of damages not a bar to specific performance
Status: in_force

27-1-418 . Liquidation of damages not a bar to specific performance. A contract otherwise proper to be specifically enforced may be thus enforced though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same.
Mont. Code Ann. § 27-1-311 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-311
27-1-311 Breach of contract
Status: in_force

27-1-311 . Breach of contract. For the breach of an obligation arising from contract, the measure of damages, except when otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment which was proximately caused thereby or in the ordinary course of things would be likely to result therefrom. Damages which are not clearly ascertainable in both their nature and origin cannot be recovered for a breach of contract.
Mont. Code Ann. § 27-18-305 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-305
27-18-305 Security for sheriff's costs
Status: in_force

27-18-305 . Security for sheriff's costs. If the sheriff will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of attachment shall provide a bond or other security to pay for all costs which may be incurred as a result of the service of such writ.
Mont. Code Ann. § 27-32-201 — MT Code / Title 27 / Chapter 32 / Part 2 / Section 27-32-201
27-32-201 Order setting hearing date -- notice
Status: in_force

27-32-201 . Order setting hearing date -- notice. Upon the filing of this petition with the clerk of the district court, an order shall be made by the court or judge thereof fixing the date of the hearing of the petition and directing that notice of such hearing be given as in such order set forth. Notice shall be given by posting in three public places within the county for a period of not less than 10 or more than 30 days, as the court, in its discretion, shall determine.
Mont. Code Ann. § 27-9-104 — MT Code / Title 27 / Chapter 9 / Part 1 / Section 27-9-104
27-9-104 Filing and costs -- justice's court
Status: in_force

27-9-104 . Filing and costs -- justice's court. In a justice's court that has authority to enter the judgment, the statement may be filed with the justice, who shall enter in the docket a judgment of the justice's court for the amount confessed, with costs. If a transcript of the judgment is filed with the clerk of the district court, a copy of the statement must be filed with it.
Mont. Code Ann. § 27-16-504 — MT Code / Title 27 / Chapter 16 / Part 5 / Section 27-16-504
27-16-504 Action to enforce sureties' liability
Status: in_force

27-16-504 . Action to enforce sureties' liability. If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, an action may be commenced against such bail for the amount of such original judgment.
Mont. Code Ann. § 27-18-406 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-406
27-18-406 Money, credits, or other property in control of public officer or board
Status: in_force

27-18-406 . Money, credits, or other property in control of public officer or board. Money, credits, or other property belonging to or due and owing to another, in the possession of or under the control of a public officer or board, including all officers or boards of a county, municipal corporation, and school district or state board or state government, may be attached or garnished while in possession or under control by making service, as provided in this part, upon the clerk of the county or presiding officer of the board of county commissioners, the city clerk or mayor of a municipal corporation, or the clerk of the board of school trustees or presiding officer of the board of trustees.
Mont. Code Ann. § 27-1-301 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-301
27-1-301 Prescribed damages exclusive of exemplary damages and interest
Status: in_force

27-1-301 . Prescribed damages exclusive of exemplary damages and interest. The damages prescribed by 27-1-204 , 27-1-222 , 27-1-223 , and this part are exclusive of exemplary damages and interest except where those are expressly mentioned.
Mont. Code Ann. § 27-28-204 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-204
27-28-204 Pleadings
Status: in_force

27-28-204 . Pleadings. The pleadings shall be as in other cases.
Mont. Code Ann. § 27-20-102 — MT Code / Title 27 / Chapter 20 / Part 1 / Section 27-20-102
27-20-102 When and by whom receiver appointed
Status: in_force

27-20-102 . When and by whom receiver appointed. A receiver may be appointed by the court in which an action is pending when the action is:

(1) by a vendor to vacate a fraudulent purchase of property;

(2) by a creditor to subject any property or fund to the creditor's claim;

(3) between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff or of any party whose right to or interest in the property or fund or the proceeds of the property or fund is probable and when it is shown that the property or fund is in danger of being lost, removed, or materially injured;

(4) by a mortgagee for the foreclosure of the mortgagee's mortgage and sale of the mortgaged property and when it is shown that the mortgaged property is in danger of being lost, removed, or materially injured or that the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt;

(5) after judgment, to carry the judgment into effect;

(6) after judgment, to dispose of the property according to the judgment or to preserve it during the pendency of an appeal; or

(7) for proceedings in aid of execution, when an execution has been returned unsatisfied or when the judgment debtor refuses to apply the judgment debtor's property in satisfaction of the judgment.
Mont. Code Ann. § 27-18-413 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-413
27-18-413 Personal property subject to a security interest
Status: in_force

27-18-413 . Personal property subject to a security interest. Personal property subject to a security interest may be taken on attachment issued at the suit of a creditor (other than the secured party) of the debtor under the security agreement; but before the property is taken, the officer levying the writ must pay or tender to the secured party the amount of the security agreement debt and interest or must deposit the same with the county treasurer of the county in which the financing statement covering the security agreement is filed if such statement is filed with a county clerk and recorder or, if such statement is filed with another filing officer pursuant to law, with such other filing officer, payable to the order of the secured party.
Mont. Code Ann. § 27-1-1101 — MT Code / Title 27 / Chapter 1 / Part 11 / Section 27-1-1101
27-1-1101 Definition
Status: in_force

27-1-1101 . Definition. As used in this part, "mental health professional" means:

(1) a certified professional person as defined in 53-21-106 ;

(2) a physician licensed under Title 37, chapter 3;

(3) a psychologist licensed under Title 37, chapter 17;

(4) an advanced practice registered nurse, as provided for in 37-8-202 , with a clinical specialty in psychiatric mental health nursing; or

(5) a clinical social worker, a professional counselor, or a marriage and family therapist licensed under Title 37, chapter 39.
Mont. Code Ann. § 27-18-604 — MT Code / Title 27 / Chapter 18 / Part 6 / Section 27-18-604
27-18-604 Sheriff's return of writ
Status: in_force

27-18-604 . Sheriff's return of writ. The sheriff shall return the writ of attachment with the summons if issued at the same time, otherwise, within 20 days after the writ's receipt, with a certificate of the sheriff's proceedings endorsed on or attached to the writ.
Mont. Code Ann. § 27-1-310 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-310
27-1-310 Damages for emotional or mental distress prohibited in contract actions -- exception
Status: in_force

27-1-310 . Damages for emotional or mental distress prohibited in contract actions -- exception. In an action for breach of an obligation or duty arising from contract, recovery is prohibited for emotional or mental distress, except in those actions involving actual physical injury to the plaintiff. Emotional or mental distress, as used in this section, includes mental anguish or suffering, sorrow, grief, fright, shame, embarrassment, humiliation, anger, chagrin, disappointment, or worry.
Mont. Code Ann. § 27-28-205 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-205
27-28-205 Judgment -- unlawful assertion of authority
Status: in_force

27-28-205 . Judgment -- unlawful assertion of authority. When a defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise, or privilege, judgment must be rendered that the defendant be ousted and altogether excluded from the office, franchise, or privilege and that the relator recover costs.
Mont. Code Ann. § 27-6-101 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-101
27-6-101 Short title
Status: in_force

27-6-101 . Short title. This chapter may be cited as the "Montana Medical Legal Panel Act".
Mont. Code Ann. § 27-12-603 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-603
27-12-603 Deliberations to be secret -- voting
Status: in_force

27-12-603 . Deliberations to be secret -- voting. The deliberations of the panel are confidential. Each vote of the panel on a question for discussion must be by secret ballot. The decision must be by a majority vote of those voting members of the panel who sat during the case.
Mont. Code Ann. § 27-1-717 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-717
27-1-717 Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment -- civil liability -- statute of limitations
Status: in_force

27-1-717 . Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment -- civil liability -- statute of limitations. (1) A person who issues a check, draft, converted check, electronic funds transfer, or order for the payment of money is liable for a service charge, as provided in subsection (2), or for damages in a civil action, as provided in subsection (3), to the payee to whom the check, draft, converted check, electronic funds transfer, or order is issued, or the payee's assignee, if the check, draft, converted check, electronic funds transfer, or order is:

(a) dishonored for lack of funds or credit or because the issuer does not have an account with the drawee; or

(b) issued in partial or complete fulfillment of a valid and legally binding obligation and the issuer stops payment with the intent to fraudulently defeat a possessory lien or otherwise defraud the payee of the check.

(2) The person who issues the check, draft, converted check, electronic funds transfer, or order is liable to the payee or the payee's assignee for a service charge in an amount not greater than $30. The payee or the payee's assignee may waive the service charge. Demand for the service charge must be made in writing by the payee or the payee's assignee and mailed to the address shown on the check, draft, converted check, or order or to the issuer's last-known address. The demand must state that the issuer is required to pay the value of the check, draft, converted check, electronic funds transfer, or order and service charge and must state the service charge provided for in this section.

(3) The amount of damages awarded pursuant to subsection (1) must be an amount equal to the service charge plus the greater of $100 or three times the amount for which the check, draft, converted check, electronic funds transfer, or order was issued. However, damages may not exceed the value of the check, draft, converted check, electronic funds transfer, or order by more than $500.

(4) The remedy provided by subsection (3) is available only if:

(a) the payee or the payee's assignee has made the written demand required in subsection (2) not less than 10 days before commencing the action; and

(b) the issuer has failed to tender an amount of money equal to the amount demanded under subsection (2) prior to the commencement of the action.

(5) The remedy provided by this section:

(a) may be pursued notwithstanding the provisions of 27-1-312 ;

(b) may be pursued whether or not a criminal penalty is sought under 45-6-316 or any other statute providing a criminal penalty; and

(c) does not affect the obligation of the issuer provided for in 30-3-423 to pay the amount of the draft. However, in case of any inconsistency with the provisions of Title 30, chapter 3, the provisions of this section apply.

(6) Upon introduction by the payee or the payee's assignee of evidence sufficient to establish the fact of mailing as required under subsection (2), the failure to receive the written demand is not a defense to the action allowed under subsection (3). The statute of limitations for the liability created under this section is 6 years from the date of the demand under subsection (2).

(7) This section applies to all checks, drafts, converted checks, electronic funds transfers, and orders, including those electronically presented for payment.

(8) Making partial payments of amounts owed under this section or entering into an agreement for paying in whole or in part amounts owed under this section does not waive any right that the payee or the payee's assignee may have under this section. Once a demand required under this section is made, the demand is not required to be repeated upon partial payment of amounts owed under this section.
Mont. Code Ann. § 27-16-1005 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1005
27-16-1005 Officer to detain defendant -- expenses
Status: in_force

27-16-1005 . Officer to detain defendant -- expenses. The officer making the arrest shall keep the defendant in custody until the defendant is discharged by order of the justice. The officer may not be bound to keep the defendant under arrest more than 24 hours unless the plaintiff pays each day the expenses of keeping the defendant, which expense must be taxed as costs in the action and may not be a charge against the county.
Mont. Code Ann. § 27-32-102 — MT Code / Title 27 / Chapter 32 / Part 1 / Section 27-32-102
27-32-102 Contents of petition
Status: in_force

27-32-102 . Contents of petition. (1) The petition must be duly verified by the petitioner. The petition must state:

(a) that the petitioner is a citizen of the United States;

(b) that the petitioner has resided in the state of Montana for 1 year preceding the commencement of the action and in the county in which the action is brought for at least 90 days immediately preceding the commencement of the action;

(c) the place of the petitioner's birth;

(d) the names of the petitioner's parents, together with the place of the birth of each parent and their address, if they are living;

(e) the name and address of each of the petitioner's brothers and sisters;

(f) if the address of either of the parents or of any of the brothers or sisters is not known, then their last-known place of address.

(2) If the petitioner was born outside of the United States, then the petition must state:

(a) whether the petitioner's parents came to the United States and, if so, where they came and where they resided or reside;

(b) whether the petitioner's parents or either of them were naturalized within the United States and, if so, when and where the naturalization took place.
Mont. Code Ann. § 27-12-206 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-206
27-12-206 Funding
Status: in_force

27-12-206 . Funding. (1) There is a pretrial review fund to be administered by the director 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. The fund may not become part of or revert to the general fund of this state but is subject to auditing by the legislative auditor. Money from the assessments levied under this section must be deposited in the fund.

(2) For each fiscal year, beginning July 1, an annual assessment is levied on all chiropractic physicians. The amount of the assessment must be annually set by the director and equally assessed against all chiropractic physicians. A fund surplus at the end of a fiscal year that is not required for the administration of this chapter must be retained by the director and used to finance the administration of this chapter during the next fiscal year, in which event the director shall reduce the next annual assessment to an amount estimated to be necessary for the proper administration of this chapter during that fiscal year.

(3) The annual assessment must be paid on or before the date that the chiropractic physician's annual renewal fee under 37-1-134 is due. An unpaid assessment bears a late charge fee of $25. The late charge fee is part of the annual assessment. The director has the same powers and duties in connection with the collection of and failure to pay the annual assessment as the department of labor and industry has under 37-1-134 with regard to a chiropractic physician's annual license fee. However, nothing in this section may be interpreted to conflict with 37-1-138 .
Mont. Code Ann. § 27-31-201 — MT Code / Title 27 / Chapter 31 / Part 2 / Section 27-31-201
27-31-201 Order setting hearing date -- notice -- safety
Status: in_force

27-31-201 . Order setting hearing date -- notice -- safety. (1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks.

(2) Publication is not required for a change of name of a minor under 27-31-101 if both parents and all legal guardians consent in writing.

(3) The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record. The request to proceed on a sealed-record basis must be set forth in the petition. All papers and records pertaining to the sealed-record petition must be kept as a permanent record of the court and withheld from inspection unless the judge denies the request to proceed on a sealed-record basis. Except as provided in subsections (4) and (5), a person, other than the petitioner, may not have access to the records except for good cause shown and on order of the judge of the court in which the petition was granted.

(4) When a petitioner is committed to or under the supervision of the department of corrections or is incarcerated in a state prison as defined in 53-30-101 , the petitioner shall serve the petition on the department. A court shall provide reasonable opportunity for the department to appear and provide a response to the petition. The department shall make all reasonable efforts to contact a victim as defined in 46-18-243 to obtain information relevant to the department's response to the petition.

(5) If the court grants a petition filed by a person committed to or under the supervision of the department of corrections or incarcerated in a state prison as defined in 53-30-101 , the court shall authorize the department of corrections and the department of justice to maintain and disseminate the petitioner's records in a manner that ensures performance of duties required by offender registration statutes, testing and collection of biological samples, victim notification, or other disclosures or notices required by law.
Mont. Code Ann. § 27-25-303 — MT Code / Title 27 / Chapter 25 / Part 3 / Section 27-25-303
27-25-303 Scope of review upon writ
Status: in_force

27-25-303 . Scope of review upon writ. The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer.
Mont. Code Ann. § 27-1-741 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-741
27-1-741 Purpose
Status: in_force

27-1-741 . Purpose. The legislature finds that:

(1) amusement rides are used by a large number of Montana's citizens and attract a large number of nonresidents, significantly contributing to Montana's tourism industry and tax base;

(2) the safety of the public using amusement rides is an important matter of public policy;

(3) there are inherent risks associated with the machinery, equipment, or animals that are impracticable or impossible for an amusement ride owner or operator to eliminate with all reasonable safety precautions;

(4) an informed patron is in the best position to avoid risks inherent to amusement rides; and

(5) the safety of amusement rides will be greatly improved at minimal cost if operators maintain minimum safety standards and riders are subject to minimum safety standards for their own protection and the protection of others.
Mont. Code Ann. § 27-12-503 — MT Code / Title 27 / Chapter 12 / Part 5 / Section 27-12-503
27-12-503 Conclusion of hearing -- supplemental hearing
Status: in_force

27-12-503 . Conclusion of hearing -- supplemental hearing. (1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing. The supplemental hearing must be held at a date and time no more than 30 days from the date of the original hearing, unless the claimant or the claimant's attorney consents in writing to a longer period.

(2) A supplemental hearing must be held in the same manner as the original hearing, and the parties and their attorneys may be present.
Mont. Code Ann. § 27-19-317 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-317
27-19-317 Extension of expiration date
Status: in_force

27-19-317 . Extension of expiration date. The time fixed in the order for its expiration may be extended, for good cause shown, for 10 days or, if the party against whom the order is directed consents, for a longer period. The reasons for the extension must be entered in the record.
Mont. Code Ann. § 27-1-314 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-314
27-1-314 Breach of agreement to convey real property
Status: in_force

27-1-314 . Breach of agreement to convey real property. The detriment caused by the breach of an agreement to convey an estate in real property is considered to be the price paid and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon. If the breach was in bad faith and the agreed price was less than the value of the estate, the detriment is also considered to include the difference between the agreed price and the value of the estate at the time of the breach and the expenses properly incurred in preparing to enter upon the land.
Mont. Code Ann. § 27-6-201 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-201
27-6-201 Appointment, term, and salary of director
Status: in_force

27-6-201 . Appointment, term, and salary of director. The director of the panel shall be appointed by the executive director of the Montana medical association, 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 shall be set by, the executive director of the Montana medical association, subject to the approval of the chief justice.
Mont. Code Ann. § 27-18-901 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-901
27-18-901 Judgment when debt not yet due
Status: in_force

27-18-901 . Judgment when debt not yet due. (1) On the trial of any cause brought under the provisions of 27-18-203 , judgment may be rendered on any such debt not due upon satisfactory proof to the court of the facts alleged in the affidavit for attachment, as provided in that section. Any such judgment shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt shall have become due.

(2) The defendant may, by plea, put in issue the matter alleged in the affidavit required in 27-18-203 , and if the plaintiff fails to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate.
Mont. Code Ann. § 27-2-404 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-404
27-2-404 When party dies before action commenced
Status: in_force

27-2-404 . When party dies before action commenced. If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, an action may be commenced by the deceased's representatives after the expiration of that time and within 1 year from death.
Mont. Code Ann. § 27-16-403 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-403
27-16-403 Qualifications of sureties
Status: in_force

27-16-403 . Qualifications of sureties. The qualifications of bail must be as follows:

(1) Each of them must be a resident and householder or freeholder within the county.

(2) Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over and above all the bail's debts and liabilities, exclusive of property exempt from execution. However, the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail.
Mont. Code Ann. § 27-20-302 — MT Code / Title 27 / Chapter 20 / Part 3 / Section 27-20-302
27-20-302 Powers of receiver
Status: in_force

27-20-302 . Powers of receiver. The receiver has, under the control of the court, the power to:

(1) bring and defend actions in the receiver's own name, as receiver;

(2) take and keep possession of the property;

(3) receive rents, collect debts, and compound for and compromise the rents and debts;

(4) make transfers; and

(5) generally do acts respecting the property that the court may authorize.
Mont. Code Ann. § 27-1-723 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-723
27-1-723 Prohibition on lawsuit -- criminal actions
Status: in_force

27-1-723 . Prohibition on lawsuit -- criminal actions. A person who is harmed while attempting to engage in, engaging in, or fleeing after having engaged in conduct that is classified as a felony offense may not recover damages from a crime victim or other person that used reasonable self-defense to protect a crime victim.
Mont. Code Ann. § 27-8-311 — MT Code / Title 27 / Chapter 8 / Part 3 / Section 27-8-311
27-8-311 Costs
Status: in_force

27-8-311 . Costs. In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.
Mont. Code Ann. § 27-12-202 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-202
27-12-202 Employment of staff and maintenance of offices
Status: in_force

27-12-202 . Employment of staff and maintenance of offices. (1) The director, subject to the approval of the chief justice, may employ and fix the compensation for clerical and other assistants that the director considers necessary.

(2) The panel shall maintain adequate offices, in which its records must be kept and official business transacted.
Mont. Code Ann. § 27-1-734 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-734
27-1-734 Limits on liability of health care provider in emergency situations
Status: in_force

27-1-734 . Limits on liability of health care provider in emergency situations. A physician licensed under Title 37, chapter 3, a nurse licensed under Title 37, chapter 8, or a hospital licensed under Title 50, chapter 5, rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is liable for civil damages for acts or omissions committed in providing such emergency obstetrical care or assistance only to the extent that those damages are caused by gross negligence or by willful or wanton acts or omissions.
Mont. Code Ann. § 27-28-402 — MT Code / Title 27 / Chapter 28 / Part 4 / Section 27-28-402
27-28-402 Court order to hold new election
Status: in_force

27-28-402 . Court order to hold new election. In a case named in 27-28-401 , the court may order a new election to be held, at a time and place and by judges appointed by the court, notice of which election and naming the judges shall be given for the time and in the manner provided by law for notice of elections of directors of such corporation. The order of the court shall become obligatory upon the corporation and its officers when a duly certified copy thereof is served upon its secretary personally or left at its principal office, and the court may enforce its order by attachment or in any other manner it deems necessary.
Mont. Code Ann. § 27-2-507 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-507
27-2-507 Uniformity of application and construction
Status: in_force

27-2-507 . Uniformity of application and construction. This part must be applied and construed to effectuate the general purpose of making uniform the law with respect to the subject of this part among states enacting it.
Mont. Code Ann. § 27-28-504 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-504
27-28-504 Court appointed trustees to settle affairs of dissolved corporation
Status: in_force

27-28-504 . Court appointed trustees to settle affairs of dissolved corporation. The court rendering a judgment dissolving a corporation shall appoint trustees of the creditors and stockholders of the corporation, who, after giving an undertaking payable to the state, in such sum and with such sureties as the court may designate and approve, conditioned that they will faithfully discharge their trust and properly pay and apply all money that may come into their hands, shall have power to settle the affairs of the corporation, collect and pay outstanding debts, and divide among the stockholders the money and other property which remain after the payment of debts and necessary expenses.
Mont. Code Ann. § 27-19-202 — MT Code / Title 27 / Chapter 19 / Part 2 / Section 27-19-202
27-19-202 Preliminary injunction pending action for restraint of trade
Status: in_force

27-19-202 . Preliminary injunction pending action for restraint of trade. Whenever any action, either civil or criminal, shall have been instituted in court in this state against any person for price fixing or regulating the production of any article of commerce or of the product of the soil, for consumption by the people, the court in which such action is pending is authorized to issue an injunction to restrain any such person from doing business in this state pending the final determination of said action so instituted.
Mont. Code Ann. § 27-33-103 — MT Code / Title 27 / Chapter 33 / Part 1 / Section 27-33-103
27-33-103 Purpose
Status: in_force

27-33-103 . Purpose. The purpose of this part is:

(1) to restore the compelling governmental interest test and to guarantee its application in all cases in which the exercise of religion is substantially burdened by state action; and

(2) to provide a claim or defense to a person or persons whose exercise of religion is substantially burdened by state action.
Mont. Code Ann. § 27-1-801 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-801
27-1-801 Defamation -- how effected
Status: in_force

27-1-801 . Defamation -- how effected. Defamation is effected by:

(1) libel;

(2) slander.
Mont. Code Ann. § 27-6-402 — MT Code / Title 27 / Chapter 6 / Part 4 / Section 27-6-402
27-6-402 Selection of panelists
Status: in_force

27-6-402 . Selection of panelists. (1) Application for review shall be promptly transmitted by the director to the directors of the health care provider's state professional society or association and the state bar, which shall, within 14 days from the date of transmittal of the application, each select 12 proposed panelists from which 3 will be selected.

(2) If no state professional society or association exists or if the health care provider does not belong to such a society or association, the director shall transmit the application to the health care provider's state licensing board, which shall in turn select 12 persons from the health care provider's profession and, where applicable, from persons specializing in the same field or discipline as the health care provider.
Mont. Code Ann. § 27-9-103 — MT Code / Title 27 / Chapter 9 / Part 1 / Section 27-9-103
27-9-103 Filing and costs -- district court
Status: in_force

27-9-103 . Filing and costs -- district court. The statement must be filed with the clerk of court in which the judgment is to be entered, who shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $45 costs. The clerk of district court shall forward the costs to the department of revenue for deposit in the state general fund.
Mont. Code Ann. § 27-5-114 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-114
27-5-114 Validity of arbitration agreement -- exceptions
Status: in_force

27-5-114 . Validity of arbitration agreement -- exceptions. (1) A written agreement to submit an existing controversy to arbitration is valid and enforceable except upon grounds that exist at law or in equity for the revocation of a contract.

(2) A written agreement to submit to arbitration any controversy arising between the parties after the agreement is made is valid and enforceable except upon grounds that exist at law or in equity for the revocation of a contract. Except as permitted under subsection (3), this subsection does not apply to:

(a) claims arising out of personal injury, whether based on contract or tort;

(b) any contract by an individual for the acquisition of real or personal property, services, or money or credit when the total consideration to be paid or furnished by the individual is $5,000 or less;

(c) any agreement concerning or relating to insurance policies or annuity contracts except for those contracts between insurance companies; or

(d) claims for workers' compensation.

(3) A written agreement between members of a trade or professional organization to submit to arbitration any controversies arising between members of the trade or professional organization after the agreement is made is valid and enforceable except upon grounds that exist at law or in equity for the revocation of a contract.
Mont. Code Ann. § 27-26-203 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-203
27-26-203 Form and content of writ
Status: in_force

27-26-203 . Form and content of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party, immediately after the receipt of the writ or at some other specified time, to do the act required to be performed or to show cause before the court, at a specified time and place, why the party has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party has not done as commanded must be omitted and a return day inserted.
Mont. Code Ann. § 27-1-1503 — MT Code / Title 27 / Chapter 1 / Part 15 / Section 27-1-1503
27-1-1503 Civil action
Status: in_force

27-1-1503 . Civil action. (1) A public official, family member of a public official, juror, voter, individual, or organization that is injured, harmed, or otherwise aggrieved by the acts of another person in violation of 45-5-203 , 45-7-102 , or 45-7-209 has a civil cause of action against the person causing the harm.

(2) An individual or organization who is attempting to exercise a legally protected right and who is injured, harassed, or aggrieved by a threat or intimidation has a civil cause of action against the person engaging in the threatening or intimidating behavior.

(3) A conviction for violation of 45-5-203 , 45-7-102 , or 45-7-209 is not a condition precedent for a civil action under this section.
Mont. Code Ann. § 27-16-1004 — MT Code / Title 27 / Chapter 16 / Part 10 / Section 27-16-1004
27-16-1004 Notice to plaintiff of arrest -- officer's certificate
Status: in_force

27-16-1004 . Notice to plaintiff of arrest -- officer's certificate. The officer making the arrest shall immediately give notice of the arrest to the plaintiff or the plaintiff's attorney or agent and endorse on the summons and subscribe a certificate, stating the time of serving the summons and the time of arrest and of the officer giving notice to the plaintiff.
Mont. Code Ann. § 27-8-102 — MT Code / Title 27 / Chapter 8 / Part 1 / Section 27-8-102
27-8-102 Purpose -- liberal construction
Status: in_force

27-8-102 . Purpose -- liberal construction. This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.
Mont. Code Ann. § 27-1-203 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-203
27-1-203 Right to damages for detriment resulting after suit brought and for future detriment
Status: in_force

27-1-203 . Right to damages for detriment resulting after suit brought and for future detriment. Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof or certain to result in the future.
Mont. Code Ann. § 27-28-106 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-106
27-28-106 Precedence on court calendar
Status: in_force

27-28-106 . Precedence on court calendar. Actions under this chapter in any court shall have precedence of any civil business pending therein; and the court, if the matter is of public concern, shall, on the motion of the attorney general or the attorney of the party, require as speedy a trial of the merits of the case as may be consistent with the rights of the parties.
Mont. Code Ann. § 27-16-501 — MT Code / Title 27 / Chapter 16 / Part 5 / Section 27-16-501
27-16-501 Surrender of defendant
Status: in_force

27-16-501 . Surrender of defendant. At any time before judgment or within 10 days after the judgment, the bail may surrender the defendant in their exoneration or the defendant may surrender to the sheriff of the county where the defendant was arrested.
Mont. Code Ann. § 27-19-101 — MT Code / Title 27 / Chapter 19 / Part 1 / Section 27-19-101
27-19-101 Definition of injunction -- by whom granted
Status: in_force

27-19-101 . Definition of injunction -- by whom granted. An injunction is an order requiring a person to refrain from a particular act. The order may be granted by the court in which the action is brought or by a judge thereof and, when made by a judge, be enforced as the order of the court.
Mont. Code Ann. § 27-6-602 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-602
27-6-602 Questions panel must decide
Status: in_force

27-6-602 . Questions panel must decide. Upon consideration of all the relevant material, the panel shall decide whether there is:

(1) substantial evidence that the acts complained of occurred and that they constitute malpractice; and

(2) a reasonable medical probability that the patient was injured thereby.
Mont. Code Ann. § 27-17-203 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-203
27-17-203 Order from judge
Status: in_force

27-17-203 . Order from judge. The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. The judge may sign an order if the judge is satisfied of either of the following:

(1) that the party seeking possession of the property has made a prima facie showing of the right to possession and the necessity for seizure at a show cause hearing before the judge with at least 3 days' notice to the person in possession of the property. If the person cannot be found for personal service, notice posted on the property and in three public places in the county where the property is located is sufficient service for this purpose.

(2) that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of 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 possession.
Mont. Code Ann. § 27-32-204 — MT Code / Title 27 / Chapter 32 / Part 2 / Section 27-32-204
27-32-204 Transfer of proceeding to proper county
Status: in_force

27-32-204 . Transfer of proceeding to proper county. If upon the hearing of the petition it shall appear that the petitioner is entitled to have judgment entered as herein provided but that the petition has been filed in the wrong county, then the court shall, by appropriate order, direct that the proceeding be transferred to the proper county.
Mont. Code Ann. § 27-16-402 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-402
27-16-402 Form of undertaking for bail
Status: in_force

27-16-402 . Form of undertaking for bail. The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant must at all times be amenable to the process of the court during the pendency of the action and to the orders that may be issued to enforce the judgment in the action or that they will pay to the plaintiff the amount of any judgment that may be recovered in the action.
Mont. Code Ann. § 27-1-721 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-721
27-1-721 Immunity of certain firearms and hunter safety or hunter education instructors
Status: in_force

27-1-721 . Immunity of certain firearms and hunter safety or hunter education instructors. A person who is designated as a hunter safety instructor or hunter education instructor by the department of fish, wildlife, and parks under 87-2-105 or certified as an instructor by a national firearms association, who trains people in the lawful use of firearms, and who is not employed by a governmental entity is not liable for the conduct, acts, or omissions of a student handling firearms unless the instructor exhibits gross negligence giving rise to causation of the damages.
Mont. Code Ann. § 27-1-204 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-204
27-1-204 Nominal damages when no appreciable detriment
Status: in_force

27-1-204 . Nominal damages when no appreciable detriment. When a breach of duty has caused no appreciable detriment to the party affected, the party may recover nominal damages.
Mont. Code Ann. § 27-16-210 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-210
27-16-210 Recovery on sheriff's official bond
Status: in_force

27-16-210 . Recovery on sheriff's official bond. If a judgment is recovered against the sheriff upon the sheriff's liability as bail and an execution is returned unsatisfied in whole or in part, the same proceeding may be had on the sheriff's official bond for the recovery of the whole or any deficiency as in other cases of delinquency.
Mont. Code Ann. § 27-28-307 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-307
27-28-307 Refusal to turn over books and papers punishable as contempt
Status: in_force

27-28-307 . Refusal to turn over books and papers punishable as contempt. If the defendant refuses or neglects to deliver any book or paper pursuant to the demand in 27-28-306 , the defendant is considered guilty of a contempt of court and shall be fined an amount not exceeding $10,000 and imprisoned in the jail of the county until the defendant complies with the order of the court or is otherwise discharged by due course of law.
Mont. Code Ann. § 27-6-604 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-604
27-6-604 Form and content of decision
Status: in_force

27-6-604 . Form and content of decision. The decision must in every case be signed for the panel by the presiding officer, must contain only the conclusions reached by a majority of its members, and must list the number of members, if any, dissenting from the opinion. Upon request of any party, the majority shall briefly explain the reasoning and basis for the decision and the dissenters shall explain the reasoning and basis for disagreement. Each party must be informed by the panel of the right to nonbinding mediation under 27-6-606 .
Mont. Code Ann. § 27-1-744 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-744
27-1-744 Passenger responsibilities and prohibitions
Status: in_force

27-1-744 . Passenger responsibilities and prohibitions. (1) A passenger may not:

(a) enter or exit an amusement ride except at a time and place, if any, designated by an operator or employee and in the manner and under the supervision of an operator or employee;

(b) throw, drop, or expel an object from or toward an amusement ride;

(c) fail or refuse to comply with instructions from an operator or employee of an amusement ride or from posted signs, including but not limited to warning signs, instructions signs, and direction signs;

(d) act in any manner that could cause or contribute to injury to self or others or that could interfere with the safe operation of an amusement ride;

(e) disable, disconnect, or attempt to disable any safety or restraining device, except at the express instruction of an operator;

(f) alter or enhance the designed speed, course, or direction of an amusement ride;

(g) operate or attempt to operate amusement ride controls designed to be operated only by the operator or employee operating the ride;

(h) extend arms or legs beyond the carrier or seating area, except at the express direction of an operator or employee;

(i) fail to properly use all safety equipment on the amusement ride in accordance with the instructions of operators and posted signs; or

(j) use an amusement ride when under the influence of alcohol or any other intoxicating substance. An operator or employee may prohibit a person from using or continuing a ride if the operator or employee reasonably believes that the person's ability to safely use or continue the ride is diminished.

(2) A passenger shall:

(a) follow warnings and other information posted by or orally given to the passenger by an operator or employee; and

(b) obey all posted signs pertaining to the amusement ride, including but not limited to warning signs, instruction signs, and directions signs.

(3) A passenger who violates the provisions of this section is subject to immediate removal from the amusement facility without a refund of any portion of the admission charge.
Mont. Code Ann. § 27-18-408 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-408
27-18-408 Judgments
Status: in_force

27-18-408 . Judgments. Judgments standing in favor of and in the name of the defendant upon the records of the clerk of the district court must be attached by leaving with the said clerk of the district court a copy of the writ and a notice stating that the said judgment is attached in pursuance of such writ. The clerk of the district court must index and keep a record of all attachments of judgments thereunder, and such attachment is binding on the judgment creditor.
Mont. Code Ann. § 27-26-101 — MT Code / Title 27 / Chapter 26 / Part 1 / Section 27-26-101
27-26-101 Name of writ
Status: in_force

27-26-101 . Name of writ. The writ of mandamus may be denominated a writ of mandate.
Mont. Code Ann. § 27-19-315 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-315
27-19-315 When restraining order may be granted without notice
Status: in_force

27-19-315 . When restraining order may be granted without notice. (1) Except as provided in subsection (2), a temporary restraining order may be granted without written or oral notice to the adverse party or the party's attorney only if:

(a) the applicant or the applicant's attorney makes a showing that the requirements of 27-19-201 (1) are met; and

(b) the applicant or the applicant's attorney certifies to the court in writing the efforts, if any, that have been made to give notice and the reasons supporting the applicant's claim that notice should not be required.

(2) If the state, the state's departments, agencies, or political subdivisions, or officers of the state or a political subdivision acting in their official capacities are the adverse party, a temporary restraining order may not be granted unless:

(a) notice could not be provided through no fault of the moving party; or

(b) the suit is brought pursuant to Title 40.

(3) As used in this section, "political subdivision" has the meaning provided in 2-9-101 .
Mont. Code Ann. § 27-1-312 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-312
27-1-312 Breach of obligation to pay money
Status: in_force

27-1-312 . Breach of obligation to pay money. The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon.
Mont. Code Ann. § 27-1-515 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-515
27-1-515 Protection of personal relations -- abduction
Status: in_force

27-1-515 . Protection of personal relations -- abduction. The rights of personal relations forbid:

(1) the abduction of a parent from a child;

(2) the abduction or enticement of a wife from the wife's husband or a husband from the husband's wife, of a child from a parent or from a guardian entitled to the child's custody, or of a servant from a master.
Mont. Code Ann. § 27-1-752 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-752
27-1-752 Definitions
Status: in_force

27-1-752 . Definitions. As used in 27-1-751 through 27-1-754 , the following definitions apply:

(1) "Agritourism" means a form of commercial enterprise that links agricultural production or agricultural processing with tourism in order to attract visitors to a farm, ranch, or other agricultural business for purposes of entertaining or educating the visitors.

(2) "Inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of any sport or recreational activity and that cannot be prevented by the use of reasonable care.

(3) "Provider" means a person, corporation, partnership, or other business entity, including a governmental entity as defined in 2-9-111 , that promotes, offers, or conducts a sport or recreational opportunity for profit or otherwise.

(4) "Sport or recreational opportunity" means any sporting activity, whether undertaken with or without permission, including but not limited to baseball, softball, football, soccer, basketball, bicycling, hiking, swimming, boating, hockey, dude ranching, nordic or alpine skiing, snow boarding, snow sliding, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, target shooting, hunting, fishing, backcountry trips, horseback riding and other equine activity, snowmobiling, off-highway vehicle use, agritourism, an on-farm educational opportunity, and any similar recreational activity.
Mont. Code Ann. § 27-25-301 — MT Code / Title 27 / Chapter 25 / Part 3 / Section 27-25-301
27-25-301 Time for return and hearing
Status: in_force

27-25-301 . Time for return and hearing. Writs of review issued by the supreme court or by a district court or district judge may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be heard at any time.
Mont. Code Ann. § 27-2-102 — MT Code / Title 27 / Chapter 2 / Part 1 / Section 27-2-102
27-2-102 When action commenced
Status: in_force

27-2-102 . When action commenced. (1) For the purposes of statutes relating to the time within which an action must be commenced:

(a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;

(b) an action is commenced when the complaint is filed.

(2) Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.

(3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:

(a) the facts constituting the claim are by their nature concealed or self-concealing; or

(b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.

(4) Subsection (3) does not apply to actions involving the limitations contained in 27-2-205 .
Mont. Code Ann. § 27-6-203 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-203
27-6-203 Compensation of panel and staff
Status: in_force

27-6-203 . Compensation of panel and staff. (1) All members of the panel must be paid a salary in the amount of $40 an hour, under guidelines promulgated by the Montana supreme court.

(2) All members 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 , but the expenses must be approved by the director before payment is made.
Mont. Code Ann. § 27-1-1605 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1605
27-1-1605 Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19
Status: in_force

27-1-1605 . (Temporary) Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19. (1) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.

(2) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.

(3) This section supersedes 27-1-719 for product liability claims brought for damages caused in part by covid-19 as defined in 27-1-1601 . (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-25-102 — MT Code / Title 27 / Chapter 25 / Part 1 / Section 27-25-102
27-25-102 When and by whom granted
Status: in_force

27-25-102 . When and by whom granted. A writ of review may be granted by:

(1) the supreme court and any justice of the supreme court, in proceedings for contempt in the district court; or

(2) the supreme court or the district court or any judge of those courts, when a lower tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction of the tribunal, board, or officer and there is no appeal or, in the judgment of the court, any plain, speedy, and adequate remedy.
Mont. Code Ann. § 27-18-802 — MT Code / Title 27 / Chapter 18 / Part 8 / Section 27-18-802
27-18-802 Authority of court to order sale of property
Status: in_force

27-18-802 . Authority of court to order sale of property. Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution and the proceeds to be deposited in the court to abide the judgment in the action.
Mont. Code Ann. § 27-5-113 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-113
27-5-113 Application to labor agreements
Status: in_force

27-5-113 . Application to labor agreements. Arbitration agreements between employers and employees or between their respective representatives are valid and enforceable and may be subject to all or portions of this chapter if the agreement so specifies, except 27-5-115 , 27-5-311 , 27-5-312 (1) and (3) through (5), 27-5-313 , and 27-5-322 apply in each case.
Mont. Code Ann. § 27-1-709 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-709
27-1-709 Property owner's immunity from damage caused by use of property unlawfully taken
Status: in_force

27-1-709 . Property owner's immunity from damage caused by use of property unlawfully taken. (1) The owner or possessor of personal property that is stolen is not liable in the absence of gross negligence for injury or damage arising out of the use of the property while the property is possessed by another. The owner of real property that is criminally misused by another without the owner's knowledge is not liable in the absence of gross negligence for injury or damage arising out of the misuse. This section includes property taken by theft, robbery, or burglary directly from the person's body or from a place of residence, tent or other recreational structure, or motor vehicle or boat that is owned, possessed, or used by the person owning or possessing the property.

(2) This section does not modify, amend, or eliminate the doctrines of negligence per se or attractive nuisance.
Mont. Code Ann. § 27-1-722 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-722
27-1-722 Civil damages immunity for injury caused by legal use of force
Status: in_force

27-1-722 . Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.

(2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.

(3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.

(4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.
Mont. Code Ann. § 27-25-204 — MT Code / Title 27 / Chapter 25 / Part 2 / Section 27-25-204
27-25-204 Service of writ
Status: in_force

27-25-204 . Service of writ. The writ must be served in the manner as a summons in civil action, except when otherwise expressly directed by the court or judge.
Mont. Code Ann. § 27-16-204 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-204
27-16-204 Plaintiff's undertaking
Status: in_force

27-16-204 . Plaintiff's undertaking. Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with at least two sufficient sureties, to the effect that, if the defendant recovers judgment or if the court finally decides that the plaintiff was not entitled to an order of arrest, the plaintiff will pay all costs and charges that may be awarded 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, which must be at least $500.
Mont. Code Ann. § 27-6-301 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-301
27-6-301 How cases submitted
Status: in_force

27-6-301 . How cases submitted. Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court or other court sitting in Montana by addressing an application, in writing, signed by the claimant or the claimant's attorney, to the director of the panel.
Mont. Code Ann. § 27-1-712 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-712
27-1-712 Liability for damages for deceit
Status: in_force

27-1-712 . Liability for damages for deceit. (1) One who willfully deceives another with intent to induce that person to alter the person's position to the person's injury or risk is liable for any damage that the person suffers.

(2) A deceit, within the meaning of subsection (1), is either:

(a) the suggestion as a fact of that which is not true by one who does not believe it to be true;

(b) the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;

(c) the suppression of a fact by one who is bound to disclose it or who gives information of other facts that are likely to mislead for want of communication of that fact; or

(d) a promise made without any intention of performing it.

(3) One who practices a deceit with intent to defraud the public or a particular class of persons is considered to have intended to defraud every individual in that class who is actually misled by the deceit.
Mont. Code Ann. § 27-1-416 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-416
27-1-416 Parties who cannot obtain specific performance
Status: in_force

27-1-416 . Parties who cannot obtain specific performance. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on that party's part to the obligation of the other party except when the nonperforming party's failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled upon full compensation being made for the default.
Mont. Code Ann. § 27-2-205 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-205
27-2-205 Actions for medical malpractice
Status: in_force

27-2-205 . (Temporary) Actions for medical malpractice. (1) Action in tort or contract for injury or death against a physician or surgeon, physician assistant, dentist, dental hygienist, registered nurse, advanced practice registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsections (2) and (3), be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant.

(2) Notwithstanding the provisions of 27-2-401 , in an action for death or injury of a minor who was under the age of 4 on the date of the minor's injury, the period of limitations in subsection (1) begins to run when the minor reaches the minor's eighth birthday or dies, whichever occurs first, and the time for commencement of the action is tolled during any period during which the minor does not reside with a parent or guardian.

(3) In an action brought for an injury described in 50-4-1405 , the time limitation in subsection (1) is tolled until the plaintiff discovers both the injury and the causal relationship between the medical treatment and the injury.
Mont. Code Ann. § 27-1-403 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-403
27-1-403 How preventive relief given
Status: in_force

27-1-403 . How preventive relief given. Preventive relief is given by prohibiting a party from doing that which ought not to be done. Preventive relief is granted by injunction, provisional or final.
Mont. Code Ann. § 27-5-212 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-212
27-5-212 Majority action by arbitrators
Status: in_force

27-5-212 . Majority action by arbitrators. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.
Mont. Code Ann. § 27-1-604 — MT Code / Title 27 / Chapter 1 / Part 6 / Section 27-1-604
27-1-604 Litigation and threat of litigation prohibited
Status: in_force

27-1-604 . Litigation and threat of litigation prohibited. Effective July 1, 1963, it shall be unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court in this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this part, whether such cause of action arose within or without this state.
Mont. Code Ann. § 27-28-203 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-203
27-28-203 Service by publication
Status: in_force

27-28-203 . Service by publication. When a summons is returned not served because the defendant or its officers or office cannot be found within the county, the clerk shall publish the summons as in other cases.
Mont. Code Ann. § 27-1-701 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-701
27-1-701 Liability for negligence as well as willful acts
Status: in_force

27-1-701 . Liability for negligence as well as willful acts. Except as otherwise provided by law, each person is responsible not only for the results of the person's willful acts but also for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or person except so far as the person has willfully or by want of ordinary care brought the injury upon the person.
Mont. Code Ann. § 27-1-713 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-713
27-1-713 Duty to restore thing wrongfully acquired or retained
Status: in_force

27-1-713 . Duty to restore thing wrongfully acquired or retained. One who obtains a thing without the consent of its owner, by a consent later rescinded, or by an unlawful exaction that the owner could not at the time prudently refuse shall restore the thing to the person from whom it was obtained unless the person has acquired a title to the thing superior to that of the other person or unless the transaction was corrupt and unlawful on both sides. The restoration required by this section must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until the party has notice of the mistake.
Mont. Code Ann. § 27-2-408 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-408
27-2-408 Assertion of counterclaim
Status: in_force

27-2-408 . Assertion of counterclaim. (1) A defendant is entitled to assert against a plaintiff, by pleading or amendment, any counterclaim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the defendant.

(2) The time period between the commencement and termination of an action is not part of the time limit for the commencement of an action by a defendant to recover for a counterclaim or to interpose it in that action or another action by the same plaintiff or a successor arising out of the same transaction or occurrence.
Mont. Code Ann. § 27-26-205 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-205
27-26-205 Service of writ
Status: in_force

27-26-205 . Service of writ. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court or judge. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
Mont. Code Ann. § 27-1-318 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-318
27-1-318 Wrongful occupation of real property
Status: in_force

27-1-318 . Wrongful occupation of real property. The detriment caused by the wrongful occupation of real property in cases not otherwise provided for in this code is deemed to be the value of the use of the property for the time of such occupation, not exceeding 5 years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the possession.
Mont. Code Ann. § 27-16-101 — MT Code / Title 27 / Chapter 16 / Part 1 / Section 27-16-101
27-16-101 Exclusive procedure for prejudgment arrest in civil action
Status: in_force

27-16-101 . Exclusive procedure for prejudgment arrest in civil action. No person may be arrested before judgment in a civil action except as prescribed by this chapter.
Mont. Code Ann. § 27-6-207 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-207
27-6-207 Panel audits
Status: in_force

27-6-207 . Panel audits. (1) The panel may be audited by or at the direction of the legislative auditor in accordance with the powers and duties set forth in 5-13-304 and 5-13-309 . Any audit that is conducted by the legislative auditor under 5-13-411 must include a determination of the adequacy, sufficiency, and reasonableness of the annual surcharge or assessment provided for in 27-6-206 .

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

(3) The cost of any audit of the panel performed pursuant to this section must be paid by the panel.
Mont. Code Ann. § 27-2-213 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-213
27-2-213 Actions against banks
Status: in_force

27-2-213 . Actions against banks. (1) Except as provided in subsection (2), there are no time limitations on the commencement of actions to recover money or other property deposited with any bank, banker, trust company, or savings and loan corporation, association, or society.

(2) Any action to obtain, set aside, or question in any manner any stated or settled account between any bank, banker, trust company, or savings and loan corporation, association, or society and any depositor with the bank, banker, trust company, or savings and loan corporation, association, or society must be commenced within 5 years from the date of the statement of the account. Any action based upon or arising from the payment by any bank, banker, trust company, or savings and loan corporation, association, or society of a forged, raised, or otherwise altered check, order, or promissory note out of the deposit, money, or property of the plaintiff must be commenced within 3 years from the day on which the plaintiff or the plaintiff's agent, assignee, or personal representative was notified of payment or received the check, order, or note marked "paid".
Mont. Code Ann. § 27-28-506 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-506
27-28-506 Refusal to deliver assets or papers to trustees -- punishment for contempt -- liability
Status: in_force

27-28-506 . Refusal to deliver assets or papers to trustees -- punishment for contempt -- liability. An officer of the corporation who refuses or neglects to deliver over any money or other things pursuant to the demand is considered guilty of a contempt of court and shall be fined an amount not exceeding $10,000 and imprisoned in the jail of the proper county until the officer complies with the order of the court or is otherwise discharged by due course of law. The officer is liable to the trustees for the value of all money or other things refused or neglected to be surrendered, together with all damages that have been sustained by the stockholders and creditors of the corporation, or any of them, in consequence of the neglect or refusal.
Mont. Code Ann. § 27-18-307 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-307
27-18-307 Lien of attachment
Status: in_force

27-18-307 . Lien of attachment. All liens by attachment shall accrue at the time the property of the defendant shall be attached by the officer charged with the execution of the writ, in the order in which the writs are levied, and said lien shall not be affected by any subsequent attachment or by any judgment obtained subsequent thereto.
Mont. Code Ann. § 27-18-902 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-902
27-18-902 Procedure when defendant recovers judgment
Status: in_force

27-18-902 . Procedure when defendant recovers judgment. If the defendant recovers judgment against the plaintiff, any undertaking received in the action, all of the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff's hands must be delivered to the defendant or the defendant's agent. The order of attachment must be discharged and the property released from attachment.
Mont. Code Ann. § 27-1-738 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-738
27-1-738 Health care provider's responsibility for others
Status: in_force

27-1-738 . Health care provider's responsibility for others. For purposes of a malpractice claim, as defined in 27-6-103 , a health care provider, as defined in 27-6-103 , is not liable for an act or omission by a person or entity that was not an employee or agent of or otherwise under the control of the health care provider at the time that the act or omission occurred. This section does not absolve a health care provider from liability under 27-1-703 .
Mont. Code Ann. § 27-18-713 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-713
27-18-713 Decision of court
Status: in_force

27-18-713 . Decision of court. If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged. But the court or judge may allow the plaintiff to amend the plaintiff's affidavit or undertaking.
Mont. Code Ann. § 27-18-403 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-403
27-18-403 Real property in another's name
Status: in_force

27-18-403 . Real property in another's name. Real property or an interest in real property belonging to the defendant and held by any other person or standing on the records of the county in the name of any other person must be attached by filing with the county clerk a copy of the writ, together with a description of the property and a notice that the real property and any interest of the defendant in the real property, held by or standing in the name of the other person, naming the person, are attached. The county clerk shall index the attachment when filed in the names both of the defendant and of the person by whom the property is held or in whose name it stands on the record.
Mont. Code Ann. § 27-18-1504 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1504
27-18-1504 Form and content of writ -- defendant's undertaking to prevent levy
Status: in_force

27-18-1504 . Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require the sheriff or constable to:

(a) attach and safely keep all the property of the defendant in the county, not exempt from attachment, or as much of the property as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or

(b) if the defendant gives security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand, besides costs, take the undertaking.

(2) The undertaking must be to the plaintiff and must be approved in writing on the back of the undertaking by the plaintiff or the plaintiff's attorney or, upon their refusal, by the justice issuing the writ.
Mont. Code Ann. § 27-1-716 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-716
27-1-716 Immunity of persons donating food for free distribution
Status: in_force

27-1-716 . Immunity of persons donating food for free distribution. (1) As used in this section, the following definitions apply:

(a) "Canned food" means any food that has been commercially processed and prepared for human consumption.

(b) "Donor" means any processor, distributor, wholesaler, or retailer of perishable or canned foods or farmer or individual who donates food for free distribution.

(c) "Gleaner" means a person who harvests for free distribution perishable food that has been donated by the owner.

(d) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. Perishable food includes but is not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruit and vegetables, grains, and foods that have been refrigerated or frozen.

(2) Notwithstanding any other provision of law:

(a) a good faith donor of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution or a gleaner of perishable food, apparently fit for human consumption, for free distribution is not subject to any criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by gross negligence or intentional misconduct of the donor or gleaner;

(b) a bona fide charitable or nonprofit organization that in good faith receives food, apparently fit for human consumption, and distributes it at no charge is not subject to any criminal penalty or civil damages resulting from the condition of the food unless an injury is caused by gross negligence or intentional misconduct of the organization.

(3) Immunity under this section extends to the good faith donation of canned or perishable foods that, while apparently fit for human consumption, are not readily marketable due to appearance, grade, surplus, or other considerations, as well as to those foods that are readily marketable.

(4) If the ultimate distributor charges any fee for the food received from a donor or gleaner, such fact shall not deprive the donor or gleaner of the immunity provided under this section.

(5) This section does not restrict the authority of any lawful agency to inspect, regulate, or ban the use of donated food for human consumption.
Mont. Code Ann. § 27-1-1502 — MT Code / Title 27 / Chapter 1 / Part 15 / Section 27-1-1502
27-1-1502 Findings -- purpose
Status: in_force

27-1-1502 . Findings -- purpose. (1) This part seeks to address the growing problem of harassing and threatening behavior being undertaken by extremist individuals and groups in Montana. Numerous public officials and their families, voters, juries, individuals, and organizations have been targeted for intimidation and harassment by extremists. One of the principal tools of intimidation used by extremists is a false lien filed upon the property of an individual or organization.

(2) The purpose of this part is to restrain these extremist activities by providing a civil remedy for anyone injured or harmed as a result of acts of intimidation, precluding the filing of false liens and establishing a procedure for removing an existing false lien.
Mont. Code Ann. § 27-6-202 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-202
27-6-202 Employment of staff and maintenance of offices
Status: in_force

27-6-202 . Employment of staff and maintenance of offices. (1) The director, subject to the approval of the chief justice, may employ and fix the compensation for clerical and other assistants that the director considers necessary.

(2) The panel shall maintain adequate offices, in which its records must be kept and its official business transacted.
Mont. Code Ann. § 27-30-305 — MT Code / Title 27 / Chapter 30 / Part 3 / Section 27-30-305
27-30-305 Remedies for private nuisances
Status: in_force

27-30-305 . Remedies for private nuisances. The remedies against a private nuisance are:

(1) injunctive relief to enjoin an activity proximately causing the private nuisance;

(2) monetary and nonmonetary resources, if quantifiable, that a court determines are reasonably necessary to abate the private nuisance based on relevant and reliable cost factors and established by clear and convincing evidence. All resources provided under this subsection must be spent to abate the private nuisance itself.

(3) damages proximately caused by the private nuisance.
Mont. Code Ann. § 27-19-307 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-307
27-19-307 New undertaking for security following hearing
Status: in_force

27-19-307 . New undertaking for security following hearing. On a hearing to show cause, the judge may require a new undertaking, in the same or a different sum, to be given by the party who obtained the order, with similar sureties and to the same effect as upon granting of the original order. The persons executing the new undertaking become liable as if they had executed the surety upon the granting of the original order. The persons who executed the original undertaking remain liable only until the new undertaking is given and approved. A new undertaking must comply with the provisions of 27-19-306 .
Mont. Code Ann. § 27-2-210 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-210
27-2-210 Actions arising from the seizure or sale of property for taxes
Status: reserved

27-2-210 . Actions arising from the seizure or sale of property for taxes. (1) Within 1 year is the period prescribed for the commencement of an action against an officer or officer de facto:

(a) to recover any goods, wares, merchandise, or other property seized by the officer in the officer's official capacity as tax collector;

(b) to recover the price or value of any goods, wares, merchandise, or other personal property seized;

(c) for damages for the seizure, detention, or sale of or injury to any goods, wares, merchandise, or other personal property seized; or

(d) for damages done to any person or property in making a seizure.

(2) The period prescribed for the commencement of an action to recover stock sold for a delinquent assessment is within 6 months.

(3) (a) An action against a county to recover a royalty interest in land acquired by the county by tax deed must be brought within 3 years after the commencement of commercial production of oil, gas, or other minerals from the land.

(b) Nothing contained in subsection (3)(a) changes the nature of a royalty interest prior to actual production. The purpose of subsection (3)(a) is to place a limitation on actions seeking royalty interests reserved by the county, once production has commenced, without in any way affecting the validity of any claims a county may have prior to the commencement of production.
Mont. Code Ann. § 27-1-1607 — MT Code / Title 27 / Chapter 1 / Part 16 / Section 27-1-1607
27-1-1607 Limitation on action
Status: in_force

27-1-1607 . (Temporary) Limitation on action. A government order, regulation, or public health guidance related to covid-19 may not create and may not be construed to create a new cause of action against any person with respect to the matters contained in the government order, regulation, or public health guidance. (Terminates January 1, 2031 -- sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 27-6-306 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-306
27-6-306 Health care provider's appearance and answer -- waiver of confidentiality of records
Status: in_force

27-6-306 . Health care provider's appearance and answer -- waiver of confidentiality of records. (1) If a health care provider involved chooses to retain legal counsel, the health care provider's attorney shall informally enter the health care provider's appearance with the director.

(2) The health care provider shall answer the application for review and shall submit a statement authorizing the panel to inspect all medical, dental, podiatric, and hospital records and information pertaining to the application and, for the purposes of inspection only, waiving any privilege as to the contents of those records. The statement does not waive that privilege for any other purpose.
Mont. Code Ann. § 27-1-704 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-704
27-1-704 Release -- covenant not to sue
Status: in_force

27-1-704 . Release -- covenant not to sue. A release or covenant not to sue given to one of two or more persons liable in tort for the same injury, death, damage, or loss:

(1) does not discharge any other tortfeasor from liability for that tortfeasor's several pro rata share of liability for the injury, death, damage, or loss unless the release or covenant not to sue provides otherwise;

(2) reduces the aggregate claim against the other tortfeasors to the extent of any percentage of fault attributed by the trier of fact under 27-1-703 to the tortfeasor to whom the release or covenant is given;

(3) discharges the tortfeasor to whom it is given from all liability for contribution.
Mont. Code Ann. § 27-16-209 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-209
27-16-209 Liability of sheriff for escape or rescue
Status: in_force

27-16-209 . Liability of sheriff for escape or rescue. If after being arrested the defendant escapes or is rescued, the sheriff is liable as bail, but the sheriff may be discharged from liability by the giving justification of bail at any time before judgment.
Mont. Code Ann. § 27-25-201 — MT Code / Title 27 / Chapter 25 / Part 2 / Section 27-25-201
27-25-201 Application for writ -- notice
Status: in_force

27-25-201 . Application for writ -- notice. The application must be made on affidavit by the party beneficially interested; and the court may require a notice of the application to be given to the adverse party, grant an order to show cause why it should not be allowed, or grant the writ without notice.
Mont. Code Ann. § 27-5-213 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-213
27-5-213 Hearing
Status: in_force

27-5-213 . Hearing. Unless otherwise provided by the agreement, the following apply:

(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by certified mail not less than 5 days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The district court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

(2) The parties are entitled to be heard, present evidence material to the controversy, and cross-examine witnesses appearing at the hearing.

(3) The hearing must be conducted by all the arbitrators, but a majority may determine any question and render a final award. If during the course of the hearing an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Mont. Code Ann. § 27-34-109 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-109
27-34-109 Appeal
Status: in_force

27-34-109 . Appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under 27-34-103 . The appeal must be filed not later than 30 days after entry of the order in a civil action between private parties, and not later than 60 days after entry of the order in a civil action to which the United States or the state of Montana or a political subdivision is a party.
Mont. Code Ann. § 27-17-306 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-306
27-17-306 Justification of defendant's sureties -- liability of sheriff
Status: in_force

27-17-306 . Justification of defendant's sureties -- liability of sheriff. The defendant's sureties, upon notice to the plaintiff of not less than 2 or more than 5 days, shall justify before the judge or clerk in the same manner as upon bail on arrest, and upon the justification the sheriff shall deliver the property to the defendant. The sheriff must be responsible for the defendant's sureties until they justify or until the justification is completed or expressly waived and may retain the property until that time. However, if the sureties or others in their place fail to justify at the time or place appointed, the sheriff shall deliver the property to the plaintiff.
Mont. Code Ann. § 27-17-403 — MT Code / Title 27 / Chapter 17 / Part 4 / Section 27-17-403
27-17-403 Action for value of property and damages
Status: in_force

27-17-403 . Action for value of property and damages. In case such property, while in the possession of the party against whom such judgment shall be rendered or while unlawfully detained from the party entitled to the possession thereof, be materially injured or lessened in value by use or otherwise, then a return or offer to return shall not be deemed a compliance with the undertaking given for its return but an action may be maintained for the value thereof, as assessed by the jury or court, and damages for its detention.
Mont. Code Ann. § 27-1-412 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-412
27-1-412 Obligations which cannot be specifically enforced
Status: in_force

27-1-412 . Obligations which cannot be specifically enforced. The following obligations cannot be specifically enforced:

(1) an obligation to render personal service or to employ another therein;

(2) an agreement to marry or live with another;

(3) an agreement to perform an act which the party has not power to perform lawfully when required to do so;

(4) an agreement to procure the act or consent of the spouse of the contracting party or of any other third person; or

(5) an agreement the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
Mont. Code Ann. § 27-2-203 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-203
27-2-203 Actions for relief on ground of fraud or mistake
Status: in_force

27-2-203 . Actions for relief on ground of fraud or mistake. The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
Mont. Code Ann. § 27-1-322 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-322
27-1-322 Seduction
Status: in_force

27-1-322 . Seduction. The damages for seduction rest in the sound discretion of the jury.
Mont. Code Ann. § 27-1-306 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-306
27-1-306 When replacement value to be allowed
Status: in_force

27-1-306 . When replacement value to be allowed. The measure of damages in a case in which the cost of repairing a motor vehicle exceeds its value is the actual replacement value of the motor vehicle rather than its "book" value unless, after the damages arise, the parties agree to use the "book" value. "Book" value must be determined by referring to the most recent used car value and pricing information published by an organization nationally recognized for providing information related to used car value and pricing. Actual replacement value is the actual cash value of the motor vehicle immediately prior to the damage. "Book" value may be used to assist in determining the actual replacement value of the motor vehicle.
Mont. Code Ann. § 27-18-601 — MT Code / Title 27 / Chapter 18 / Part 6 / Section 27-18-601
27-18-601 Sheriff to retain nonperishable attached property and proceeds of sales
Status: in_force

27-18-601 . Sheriff to retain nonperishable attached property and proceeds of sales. The proceeds and other property attached by the sheriff must be retained by the sheriff to answer any judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment.
Mont. Code Ann. § 27-8-206 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-206
27-8-206 Court's discretion to refuse to render judgment
Status: in_force

27-8-206 . Court's discretion to refuse to render judgment. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Mont. Code Ann. § 27-30-204 — MT Code / Title 27 / Chapter 30 / Part 2 / Section 27-30-204
27-30-204 Abatement of public nuisance by government entity or officer or injured party
Status: in_force

27-30-204 . Abatement of public nuisance by government entity or officer or injured party. A public nuisance may be abated by a government entity or officer authorized by law. A person may abate a public nuisance that is specially injurious to that person by removing or, if necessary, destroying the thing that constitutes the nuisance, as long as doing so would not constitute a breach of the peace or cause unnecessary injury. Nothing in this section alters the remedies to a government entity or private person in a public nuisance cause of action.
Mont. Code Ann. § 27-16-407 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-407
27-16-407 Acceptance of sufficiency of sureties by judge or clerk
Status: in_force

27-16-407 . Acceptance of sufficiency of sureties by judge or clerk. If the judge or clerk finds the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the allowance on the examination, and cause them to be filed, and the sheriff is then exonerated from liability.
Mont. Code Ann. § 27-5-323 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-323
27-5-323 Venue
Status: in_force

27-5-323 . Venue. (1) An initial application must be made to the court of the county in which the agreement provides the arbitration hearing must be held or, if the hearing has been held, in the county in which it was held. Otherwise, the application must be made in the county where the adverse party resides or has a place of business or, if the adverse party does not have a residence or place of business in this state, to the court of any county. All subsequent applications must be made to the court hearing the initial application unless the court otherwise directs. An agreement concerning venue involving a resident of this state is not valid unless the agreement requires that arbitration occur within the state of Montana. This requirement may only be waived upon the advice of counsel as evidenced by counsel's signature on the agreement.

(2) (a) An agreement concerning venue involving an electrical generation facility in this state is not valid unless the agreement requires that arbitration occur within the state before a panel of three arbitrators selected under the Uniform Arbitration Act unless all parties agree in writing to a single arbitrator.

(b) For the purposes of this subsection, "electrical generation facility" has the meaning provided in 75-20-104 .
Mont. Code Ann. § 27-17-404 — MT Code / Title 27 / Chapter 17 / Part 4 / Section 27-17-404
27-17-404 Return of damaged property to officer for sale
Status: in_force

27-17-404 . Return of damaged property to officer for sale. In case such action to recover possession of personal property is brought against any sheriff or other officer who may have levied upon and seized the same under authority of any attachment or other process and judgment shall be rendered in favor of such officer for the return of the property, the party against whom such judgment is rendered may nevertheless make return of said property, notwithstanding the same may have been injured or lessened in value, and thereupon it is the duty of such officer to immediately advertise the same for sale as in cases of sales of property under execution and apply the proceeds of the sale thereof, after paying the costs, towards the payment and satisfaction of any judgment that may have been rendered.
Mont. Code Ann. § 27-18-905 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-905
27-18-905 Execution of balance due on judgment
Status: in_force

27-18-905 . Execution of balance due on judgment. If, after selling all property attached by the sheriff remaining in the sheriff's possession and applying the proceeds, together with the proceeds of any debt or credit collected by the sheriff, deducting the sheriff's fee, to the payment of the judgment, any balance must remain due, and the sheriff shall proceed to collect the balance in the same manner as upon an execution in other cases.
Mont. Code Ann. § 27-20-201 — MT Code / Title 27 / Chapter 20 / Part 2 / Section 27-20-201
27-20-201 Notice of application for appointment before judgment
Status: in_force

27-20-201 . Notice of application for appointment before judgment. Notice of an application for the appointment of a receiver in an action before judgment in the action must be given to the adverse party unless the party has failed to appear in the action and the time limited for the party's appearance has expired or unless it appears to the court that there is immediate danger that the property or fund will be removed beyond the jurisdiction of the court or lost, materially injured, destroyed, or unlawfully disposed of.
Mont. Code Ann. § 27-1-303 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-303
27-1-303 Limitation of damages for breach of obligation
Status: in_force

27-1-303 . Limitation of damages for breach of obligation. A person may not recover a greater amount in damages for the breach of an obligation than the person could have gained by the full performance of the obligation on both sides unless a greater recovery is specified by statute.
Mont. Code Ann. § 27-18-303 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-303
27-18-303 Order of execution when several writs against same defendant
Status: in_force

27-18-303 . Order of execution when several writs against same defendant. The sheriff shall endorse upon each writ of attachment received by the sheriff the time when the writ was received, specifying the day, hour, and minute. The writ of attachment first placed in the hands of the sheriff must be executed first, and when there are several writs against the same defendant, they must be executed in the order in which they were received by the sheriff.
Mont. Code Ann. § 27-1-739 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-739
27-1-739 Liability of health care provider for reduced chance of recovery caused by malpractice
Status: in_force

27-1-739 . Liability of health care provider for reduced chance of recovery caused by malpractice. (1) For purposes of a malpractice claim, as defined in 27-6-103 , damages may be awarded against a health care provider, as defined in 27-6-103 , if a negligent act or omission during diagnosis or treatment for a medical condition reduces a patient's chance of recovering and the negligent act or omission is a contributing cause of:

(a) death;

(b) survival for a shorter period of time;

(c) no recovery;

(d) a recovery that is of lesser extent or quality or that takes longer to occur; or

(e) other injury.

(2) The damages must be determined based on which of the events referred to in subsections (1)(a) through (1)(e) occurred and the resulting types of injury, damage, and loss.

(3) (a) If the evidence establishes that the chance of recovering prior to the negligent act or omission was more likely than not, the damages awarded must be 100% of the damages determined under subsection (2).

(b) If the evidence establishes that the chance of recovering prior to the negligent act or omission was not more likely than not, the damages awarded must be the difference between the chance of recovering prior to the negligent act or omission and the chance of recovering after the negligent act or omission multiplied by the total damages determined under subsection (2).
Mont. Code Ann. § 27-8-202 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-202
27-8-202 Who may obtain declaratory judgment
Status: in_force

27-8-202 . Who may obtain declaratory judgment. Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
Mont. Code Ann. § 27-5-218 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-218
27-5-218 Fees and expenses of arbitration
Status: in_force

27-5-218 . Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, must be paid as provided in the award.
Mont. Code Ann. § 27-5-314 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-314
27-5-314 Judgment on award -- costs
Status: in_force

27-5-314 . Judgment on award -- costs. (1) Upon the granting of an order confirming, modifying, or correcting an award, judgment must be entered in conformity with the order and be enforced as any other judgment. Costs of the application and of the proceedings subsequent thereto and disbursements may be awarded by the court.

(2) The judgment may be docketed as if rendered in an action.
Mont. Code Ann. § 27-18-414 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-414
27-18-414 Duty of secured party
Status: in_force

27-18-414 . Duty of secured party. (1) The secured party under any security agreement of record, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a demand of the creditor against the debtor, must be required to make and file in the office of the county clerk and recorder or other filing officer with whom the financing statement covering the security agreement is filed an affidavit showing the amount of the indebtedness then actually due and owing to the secured party. The affidavit must state the amount of the original obligation for which the security agreement was given as security, all additional advancement of money or property on the principal obligation since the date of the execution of the security agreement, all payments of any kind, whether on principal or interest, made by the debtor to the date of the execution of the affidavit by the secured party, and the balance then remaining due and unpaid to the secured party. If, within 15 days from the service of any demand in writing on the secured party by any creditor of the debtor, the secured party fails, refuses, or neglects to file the affidavit required in this section, the security agreement is of no force or effect as against the creditor upon the seizure of any personal property on attachment.

(2) If the amount shown to be due is paid to the county treasurer, to a filing officer, or to the secured party in satisfaction of the security agreement by any attaching creditor against the debtor, the secured party must be required to surrender to the county treasurer or the filing officer the security agreement and any note or other evidence of indebtedness secured by the security agreement, and the security agreement or other evidence of indebtedness must be delivered by the secured party, county treasurer, or filing officer to the attaching creditor.
Mont. Code Ann. § 27-1-818 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-818
27-1-818 Media management to be given opportunity to publish correction prior to action for libel or slander
Status: in_force

27-1-818 . Media management to be given opportunity to publish correction prior to action for libel or slander. In order to claim punitive damages because of any defamatory publication in or broadcast on any newspaper, magazine, periodical, radio or television station, or cable television system, the defamed person shall first give those alleged to be responsible or liable for the publication or broadcast a reasonable opportunity to correct the defamatory matter. Such opportunity shall be given by notice in writing specifying the article or broadcast and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty.
Mont. Code Ann. § 27-26-103 — MT Code / Title 27 / Chapter 26 / Part 1 / Section 27-26-103
27-26-103 Application of rules of procedure
Status: in_force

27-26-103 . Application of rules of procedure. Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter. The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.
Mont. Code Ann. § 27-18-715 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-715
27-18-715 Exception to plaintiff's sureties
Status: in_force

27-18-715 . Exception to plaintiff's sureties. At any time within 30 days after the service of summons, the defendant may take 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.
Mont. Code Ann. § 27-18-904 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-904
27-18-904 Delivery of excess property and proceeds to defendant
Status: in_force

27-18-904 . Delivery of excess property and proceeds to defendant. Whenever the judgment has been paid, the sheriff, upon reasonable demand, shall deliver to the defendant the attached property remaining in the sheriff's possession and any proceeds of property attached that are not applied on the judgment.
Mont. Code Ann. § 27-6-701 — MT Code / Title 27 / Chapter 6 / Part 7 / Section 27-6-701
27-6-701 No court action before application to and decision by panel
Status: in_force

27-6-701 . No court action before application to and decision by panel. No malpractice claim may be filed in any court against a health care provider before an application is made to the panel and its decision is rendered.
Mont. Code Ann. § 27-2-101 — MT Code / Title 27 / Chapter 2 / Part 1 / Section 27-2-101
27-2-101 Definition of action
Status: in_force

27-2-101 . Definition of action. The word "action", as used in this chapter, is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.
Mont. Code Ann. § 27-7-104 — MT Code / Title 27 / Chapter 7 / Part 1 / Section 27-7-104
27-7-104 Enforcement of judgment -- appeal
Status: in_force

27-7-104 . Enforcement of judgment -- appeal. The judgment may be enforced in the same manner as if it had been rendered in an action and is in the same manner subject to appeal.
Mont. Code Ann. § 27-1-746 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-746
27-1-746 Duty of health care provider performing third-party medical examination
Status: in_force

27-1-746 . Duty of health care provider performing third-party medical examination. A health care provider who is retained by a third party to perform a medical examination and advises the examinee about a medical condition during or after the examination has an obligation to exercise ordinary care to ensure that the advice complies with the standard of care for the health care provider's profession, but has no duty to discover the presence of an unrelated medical condition. The health care provider has an obligation to inform the examinee of likely diagnoses that the health care provider reasonably considers. A health care provider who provides actual medical care or treatment incident to a third-party medical examination shall exercise the standard of care that the health care provider would have exercised if the examinee had retained the health care provider. For purposes of this section, "health care provider" has the meaning provided in 27-6-103 .
Mont. Code Ann. § 27-28-308 — MT Code / Title 27 / Chapter 28 / Part 3 / Section 27-28-308
27-28-308 Subsequent action for damages for usurpation
Status: in_force

27-28-308 . Subsequent action for damages for usurpation. The person in whose favor judgment is rendered under this part may, at any time within 1 year after the date of the judgment, bring an action against the party ousted and recover the damages sustained by reason of the usurpation.
Mont. Code Ann. § 27-17-402 — MT Code / Title 27 / Chapter 17 / Part 4 / Section 27-17-402
27-17-402 Duty to return property in good condition
Status: in_force

27-17-402 . Duty to return property in good condition. In all cases when a judgment is rendered, in an action to recover the possession of personal property, for the return of personal property or its value if a return cannot be had, it is the duty of the party against whom the judgment is rendered to return the property in as good condition as the property was when possession was taken by the party.
Mont. Code Ann. § 27-6-105 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-105
27-6-105 What claims panel to review -- exceptions
Status: in_force

27-6-105 . What claims panel to review -- exceptions. The panel shall review all malpractice claims or potential claims against health care providers covered by this chapter except:

(1) those claims subject to a valid arbitration agreement allowed by law or upon which suit has been filed prior to April 19, 1977; and

(2) a claim brought by an inmate of a correctional facility against a health care provider arising from a health care service provided by the health care provider within the facility.
Mont. Code Ann. § 27-8-313 — MT Code / Title 27 / Chapter 8 / Part 3 / Section 27-8-313
27-8-313 Supplemental relief
Status: in_force

27-8-313 . Supplemental relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a declaratory judgment or decree to show cause why further relief should not be granted forthwith.
Mont. Code Ann. § 27-28-104 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-104
27-28-104 Upon whose relation action brought -- security for costs
Status: in_force

27-28-104 . Upon whose relation action brought -- security for costs. The officer may, upon the officer's own relation, bring any action, or the officer may, on leave of the court or a judge in vacation, bring the action upon the relation of another person. If the action is brought under 27-28-101 (1), security for costs may be required, to be given as in other cases.
Mont. Code Ann. § 27-12-104 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-104
27-12-104 Creation of panel
Status: in_force

27-12-104 . Creation of panel. There is a Montana chiropractic legal panel. The panel is a quasi-governmental entity and is allocated to the Montana supreme court for administrative purposes only, except that 2-15-121 (2) does not apply. The only state laws applicable to the panel are those contained in this chapter and those laws specifically made applicable to the panel.
Mont. Code Ann. § 27-12-401 — MT Code / Title 27 / Chapter 12 / Part 4 / Section 27-12-401
27-12-401 Composition of panel
Status: in_force

27-12-401 . Composition of panel. Those eligible to sit on the panel are chiropractic physicians licensed under Montana law and residing in Montana and attorneys who are members of the state bar of Montana. Three panel members who are chiropractic physicians and three panel members who are attorneys shall sit in review of each case.
Mont. Code Ann. § 27-18-501 — MT Code / Title 27 / Chapter 18 / Part 5 / Section 27-18-501
27-18-501 Examination under oath of defendant or person controlling property or debts -- order that property be delivered
Status: in_force

27-18-501 . Examination under oath of defendant or person controlling property or debts -- order that property be delivered. Any person owing debts to the defendant or having in the person's possession or under the person's control any credits or other personal property belonging to the defendant may be required to attend before the court or judge or referee appointed by the court or judge and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting the defendant's property and may be examined on oath. The court or judge may, after the examination, order personal property capable of manual delivery in the hands or under the control of the person or of the defendant to be delivered to the sheriff on terms that may be just, having reference to any liens on or claims against the property, and a memorandum must be given of all other personal property, containing the amount and description of the property.
Mont. Code Ann. § 27-30-107 — MT Code / Title 27 / Chapter 30 / Part 1 / Section 27-30-107
27-30-107 Preemption
Status: in_force

27-30-107 . Preemption. This chapter abrogates the common law of public nuisance and private nuisance in this state to the extent common law is inconsistent with this chapter.
Mont. Code Ann. § 27-1-760 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-760
27-1-760 Medical malpractice -- duty of care -- foreseeability of risks
Status: in_force

27-1-760 . Medical malpractice -- duty of care -- foreseeability of risks. In medical malpractice actions, the foreseeability of risks or of a specific risk does not change or heighten the duty owed beyond the reasonable standard of care applicable to the medical provider.
Mont. Code Ann. § 27-16-206 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-206
27-16-206 Directions to sheriff in order
Status: in_force

27-16-206 . Directions to sheriff in order. The order must require the sheriff of the county where the defendant may be found to arrest the defendant and hold the defendant to bail in a specified sum and to return the order at a time specified in the order to the clerk of the court in which the action is pending.
Mont. Code Ann. § 27-2-406 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-406
27-2-406 When action stayed by injunction or other order or statutory prohibition
Status: in_force

27-2-406 . When action stayed by injunction or other order or statutory prohibition. When the commencement of an action is stayed by injunction or other order of the court or judge or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
Mont. Code Ann. § 27-8-201 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-201
27-8-201 Scope of power to render declaratory judgments
Status: in_force

27-8-201 . Scope of power to render declaratory judgments. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
Mont. Code Ann. § 27-27-102 — MT Code / Title 27 / Chapter 27 / Part 1 / Section 27-27-102
27-27-102 Issuance of writ
Status: in_force

27-27-102 . Issuance of writ. A writ of prohibition may be issued by the supreme court or the district court or any district judge to any lower tribunal or to a corporation, board, or person in all cases in which there is not a plain, speedy, and adequate remedy in the ordinary course of law. The writ is issued upon an affidavit on the application of the person beneficially interested.
Mont. Code Ann. § 27-2-208 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-208
27-2-208 Actions for damages arising out of work on improvements to real property or land surveying
Status: in_force

27-2-208 . Actions for damages arising out of work on improvements to real property or land surveying. (1) Except as provided in 70-19-427 (1) and subsections (2) and (3) of this section, an action to recover damages (other than an action on any contract, obligation, or liability founded on an instrument in writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property or resulting from or arising out of land surveying of real property may not be commenced more than 6 years after completion of the improvement or land surveying.

(2) Notwithstanding the provisions of subsection (1), an action for damages for an injury that occurred during the sixth year after the completion of the improvement or land surveying may be commenced within 1 year after the occurrence of the injury.

(3) The limitation prescribed by this section may not affect the responsibility of any owner, tenant, or person in actual possession and control of the improvement or real property that is surveyed at the time a right of action arises.

(4) As used in this section:

(a) "completion" means that degree of completion at which the owner can utilize the improvement for the purpose for which it was intended or when a completion certificate is executed, whichever is earlier;

(b) "land surveying" means the practice of land surveying, as defined in 37-67-101 .

(5) This section may not be construed as extending the period prescribed by the laws of this state for the bringing of any action.
Mont. Code Ann. § 27-2-218 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-218
27-2-218 Actions against real estate appraisers, real estate appraisal firms, and appraisal management companies
Status: in_force

27-2-218 . Actions against real estate appraisers, real estate appraisal firms, and appraisal management companies. (1) Except as provided in subsection (2), an action for damages or other relief arising from an appraisal or appraisal review conducted by a real estate appraiser, real estate appraisal firm, or appraisal management company may not be commenced more than 5 years after the day the appraisal or appraisal review was completed.

(2) An action subject to the period of limitation found in 27-2-202 (1) arising from an appraisal or appraisal review conducted by a real estate appraiser, real estate appraisal firm, or appraisal management company may not be commenced more than 8 years after the day the appraisal or appraisal review was completed.

(3) This section may not be construed as extending the period prescribed by the laws of this state for the bringing of any action.

(4) As used in this section, unless the context requires otherwise, the following definitions apply:

(a) "Appraisal" has the same meaning as provided in 37-54-102 .

(b) "Appraisal management company" means an entity registered under Title 37, chapter 54, part 5.

(c) "Appraisal review" has the same meaning as provided in 37-54-102 .

(d) "Real estate appraisal firm" means an entity engaging a real estate appraiser as an owner, member, shareholder, partner, employee, or independent contractor to perform an appraisal or appraisal review.

(e) "Real estate appraiser" means an individual licensed or certified under Title 37, chapter 54.
Mont. Code Ann. § 27-1-522 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-522
27-1-522 Person convicted of crime -- no right of action for injuries and damages
Status: in_force

27-1-522 . Person convicted of crime -- no right of action for injuries and damages. A person who is convicted of a crime and is injured or suffers other damages during the commission of the crime does not have a right of action to recover damages if a victim causing the injury or damages did not use any force or used justifiable force, as defined in Title 45, chapter 3, part 1.
Mont. Code Ann. § 27-30-101 — MT Code / Title 27 / Chapter 30 / Part 1 / Section 27-30-101
27-30-101 Definition of public nuisance
Status: in_force

27-30-101 . Definition of public nuisance. (1) A public nuisance is:

(a) a condition arising out of the use of real property that unlawfully interferes with a public right by endangering communal safety, being indecent to the community, or being offensive to the community; or

(b) a condition that unlawfully interferes with the public right to free passage or use, in the customary manner, of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

(2) The following nonexclusive list of actions or conditions may not be considered a public nuisance or be the basis for a public nuisance cause of action:

(a) an action or condition that is lawful;

(b) an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes conditions or actions that are subject to an order, notice, or decree issued under 75-10-711 or 75-10-712 .

(c) noises resulting from the shooting activities at a shooting range during established hours of operation;

(d) 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;

(e) the design, manufacturing, distributing, selling, labeling, or marketing of a product;

(f) the aggregation of individual injuries or private rights, including private nuisances; or

(g) the design, manufacturing, distributing, selling, labeling, or marketing of firearms, firearm accessories, or ammunition, as defined in 30-20-301 , or components of firearms, firearm accessories, or ammunition.

(3) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.

(4) As used in this chapter, the term "unlawfully interferes" includes but is not limited to actions or conditions that violate a statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes any statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity either before or after October 1, 2025.
Mont. Code Ann. § 27-6-104 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-104
27-6-104 Creation of panel
Status: in_force

27-6-104 . Creation of panel. The Montana medical legal panel is created. The panel is attached to the Montana supreme court for administrative purposes only, except that 2-15-121 (2) does not apply.
Mont. Code Ann. § 27-18-725 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-725
27-18-725 Motion to vacate or modify writ or increase security
Status: in_force

27-18-725 . Motion to vacate or modify writ or increase security. The defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached may, at any time before the actual application of the attached property or the proceeds of the property to the payment of a judgment recovered in the action, apply to vacate or modify the writ of attachment or to increase the security given by the plaintiff or for one or more of those forms of release together or in the alternative.
Mont. Code Ann. § 27-34-103 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-103
27-34-103 Special motion for expedited relief
Status: in_force

27-34-103 . Special motion for expedited relief. Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a civil action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the civil action or part of the civil action.
Mont. Code Ann. § 27-1-222 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-222
27-1-222 Exemplary damages for inhumane injuries to animals
Status: in_force

27-1-222 . Exemplary damages for inhumane injuries to animals. (1) For wrongful injuries to animals, being subjects of property, committed willfully or by gross negligence in disregard of humanity, exemplary damages may be given.

(2) As used in this section, "animals" includes ostriches, rheas, and emus.
Mont. Code Ann. § 27-1-513 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-513
27-1-513 Action for wrongful death
Status: in_force

27-1-513 . Action for wrongful death. When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may maintain an action for damages against the person causing the death or, if the person is employed by another person who is responsible for the causing person's conduct, then also against the other responsible person.
Mont. Code Ann. § 27-18-1506 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1506
27-18-1506 Applicability of procedure in district court
Status: in_force

27-18-1506 . Applicability of procedure in district court. Part 1; 27-18-207 , 27-18-303 through 27-18-308 ; parts 4, 5, and 6; 27-18-711 through 27-18-713 , 27-18-721 through 27-18-732 ; and parts 8 and 9, except 27-18-901 , are applicable to attachments issued in justices' courts, the word "constable" being substituted for the word "sheriff" whenever the writ is directed to a constable, and the word "justice" substituted for "judge".
Mont. Code Ann. § 27-19-301 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-301
27-19-301 Notice of application -- hearing
Status: in_force

27-19-301 . Notice of application -- hearing. (1) No preliminary injunction order may be issued without reasonable notice to the adverse party of the time and place that application for the injunction order was made.

(2) Before granting an injunction order, the court or judge shall make an order requiring cause to be shown, at a specified time and place, why the injunction should be granted, and the adverse party may in the meantime be restrained as provided in 27-19-314 .
Mont. Code Ann. § 27-16-406 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-406
27-16-406 Procedure for justification
Status: in_force

27-16-406 . Procedure for justification. For the purpose of justification, each of the bail shall attend before the judge or clerk at the time and place specified in the notice and may be examined on oath, on the part of the plaintiff, touching the bail's sufficiency, in a manner that the judge or clerk, in the judge's or clerk's discretion, may think proper. The examination must be reduced to writing and subscribed by the bail if required by the plaintiff.
Mont. Code Ann. § 27-34-106 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-106
27-34-106 Proof
Status: in_force

27-34-106 . Proof. In ruling on a motion under 27-34-103 , the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Montana Rules of Civil Procedure.
Mont. Code Ann. § 27-2-504 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-504
27-2-504 Rules applicable to computation of limitation period
Status: in_force

27-2-504 . Rules applicable to computation of limitation period. If the statute of limitations of another state applies to the assertion of a claim in Montana, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period but its statutes and other rules of law governing conflict of laws do not apply.
Mont. Code Ann. § 27-31-101 — MT Code / Title 27 / Chapter 31 / Part 1 / Section 27-31-101
27-31-101 Petition for change of name of natural person
Status: in_force

27-31-101 . Petition for change of name of natural person. All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both are dead, then by the person's guardian, and if there is no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of the person, the person's present name, the name proposed, and the reason for the change of name and must, if neither parent of the person is living, name as far as known to the petitioner the near relatives of the person and their place of residence.
Mont. Code Ann. § 27-2-401 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-401
27-2-401 When person entitled to bring action is under a disability
Status: in_force

27-2-401 . When person entitled to bring action is under a disability. (1) If a person entitled to bring an action mentioned in part 2, except 27-2-211 (3), is, at the time the cause of action accrues, either a minor or has been committed pursuant to 53-21-127 , the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of commitment.

(2) If an action is barred by 27-2-304 , any of the heirs, devisees, or creditors who at the time of the transaction upon which the action might have been founded were under one of the disabilities mentioned in subsection (1) may, within 5 years after the cessation of the disability, maintain an action to recover damages. In the action, the person may recover the sum or the value of the property that the person would have received upon the final distribution of the estate if an action had been commenced in a timely manner by the personal representative.

(3) A person may not claim a disability unless it existed when the right of action or entry accrued.

(4) When both disabilities referred to in subsection (1) coexist at the time that the right of action or entry accrues, the limitation does not attach until both are removed.
Mont. Code Ann. § 27-5-217 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-217
27-5-217 Change of award by arbitrators
Status: in_force

27-5-217 . Change of award by arbitrators. On the application of a party or, if an application to the court is pending under 27-5-311 , 27-5-312 , or 27-5-313 , on submission to the arbitrators by the court under conditions that the court may order, the arbitrators may modify or correct the award upon the grounds stated in 27-5-313 (1)(a) and (1)(c) or for the purpose of clarifying the award. The application must be made within 20 days after delivery of the award to the applicant. Written notice must be given immediately to the opposing party, stating that the opposing party must serve the party's objections to the award, if any, within 10 days from the notice. A modified or corrected award is subject to the provisions of 27-5-311 through 27-5-313 .
Mont. Code Ann. § 27-17-201 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-201
27-17-201 Plaintiff's affidavit
Status: in_force

27-17-201 . Plaintiff's affidavit. When a delivery is claimed, an affidavit must be made by the person claiming the property or someone on the person's behalf, stating:

(1) facts that establish reasonable belief that the person claiming the property is the owner or is lawfully entitled to possession and that the seizure is necessary to prevent the removal or destruction of the property;

(2) that the property is wrongfully detained by the defendant;

(3) that the property has not been taken for a tax, assessment, or fine, pursuant to statute, or seized under an execution or an attachment against the property of the person claiming the property or, if seized, that it is by statute exempt from seizure; and

(4) a particular description of the property and the actual value of the property.
Mont. Code Ann. § 27-19-405 — MT Code / Title 27 / Chapter 19 / Part 4 / Section 27-19-405
27-19-405 Enjoined party's undertaking for security upon dissolution
Status: in_force

27-19-405 . Enjoined party's undertaking for security upon dissolution. If the injunction order is dissolved because the alleged injury is not irreparable and is capable of being adequately compensated for in money, the court or judge shall require the enjoined party to execute an undertaking in such form and amount and with such sureties as the court or judge may direct, conditioned to indemnify the party who obtained the injunction order against loss sustained by reason of the dissolution.
Mont. Code Ann. § 27-12-303 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-303
27-12-303 Amendments to application
Status: in_force

27-12-303 . Amendments to application. Amendments to an application may be made in the manner authorized by rule.
Mont. Code Ann. § 27-8-203 — MT Code / Title 27 / Chapter 8 / Part 2 / Section 27-8-203
27-8-203 When contract may be construed
Status: in_force

27-8-203 . When contract may be construed. A contract may be construed either before or after there has been a breach thereof.
Mont. Code Ann. § 27-18-502 — MT Code / Title 27 / Chapter 18 / Part 5 / Section 27-18-502
27-18-502 Person holding property to give sheriff certificate of defendant's interest
Status: in_force

27-18-502 . Person holding property to give sheriff certificate of defendant's interest. Upon the application of a sheriff holding a writ of attachment, the president or other head of an association or corporation or the secretary, cashier, or managing agent of the association or corporation or a debtor of the defendant or a person holding property, including a bond, promissory note, or other instrument for the payment of money, belonging to the defendant shall furnish to the sheriff a certificate, under the person's hand, specifying the person's right to a number of shares of the defendant in the stock of the association or corporation, with all dividends declared or encumbrances on the stock, or the amount, nature, and description of the property held for the benefit of the defendant or of the defendant's interest in property held or of the debt or demand owing to the defendant, as the case requires.
Mont. Code Ann. § 27-31-102 — MT Code / Title 27 / Chapter 31 / Part 1 / Section 27-31-102
27-31-102 Petition for change of name of nonprofit corporation
Status: in_force

27-31-102 . Petition for change of name of nonprofit corporation. Any religious, benevolent, literary, or scientific corporation or any corporation bearing or using or being known by the name of any benevolent or charitable order or society may by petition apply to the district court of the county in which its articles of incorporation were originally filed or in which its property is situated for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation and must specify the date of the formation of the corporation, the name proposed, and the reason for the change of name. Upon the filing of the petition, the same procedure shall be followed as upon applications for changes of names of natural persons.
Mont. Code Ann. § 27-1-725 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-725
27-1-725 Purpose
Status: in_force

27-1-725 . Purpose. The purpose of 27-1-725 through 27-1-727 is to assist courts and juries in defining the circumstances under which persons responsible for equines may be found liable for damages to persons harmed in the course of equine activities. It is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. It is the policy of the state of Montana that an equine activity sponsor or equine professional who is negligent and causes foreseeable injury to a participant bears responsibility for that injury in accordance with other applicable law.
Mont. Code Ann. § 27-26-306 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-306
27-26-306 Argument to proceed if no new trial
Status: in_force

27-26-306 . Argument to proceed if no new trial. If no notice of a motion for a new trial be given or, if given, the motion be denied, the argument must proceed at any time the court or judge may direct.
Mont. Code Ann. § 27-8-104 — MT Code / Title 27 / Chapter 8 / Part 1 / Section 27-8-104
27-8-104 Definition of person
Status: in_force

27-8-104 . Definition of person. The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, joint-stock company, unincorporated association, or society or municipal or other corporation of any character whatsoever.
Mont. Code Ann. § 27-32-202 — MT Code / Title 27 / Chapter 32 / Part 2 / Section 27-32-202
27-32-202 Objections to granting of petition
Status: in_force

27-32-202 . Objections to granting of petition. Any citizen of the United States may appear and object to the granting of such petition, but all such objections shall be made in writing.
Mont. Code Ann. § 27-1-107 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-107
27-1-107 Kinds of relief -- when given
Status: in_force

27-1-107 . Kinds of relief -- when given. As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights and the means of securing their observance. Specific and preventive relief may be given only in those cases specified by statute.
Mont. Code Ann. § 27-28-401 — MT Code / Title 27 / Chapter 28 / Part 4 / Section 27-28-401
27-28-401 When judgment of ouster rendered
Status: in_force

27-28-401 . When judgment of ouster rendered. When the action is against a director of a corporation and the court finds that at the director's election either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted and of induction in favor of the person who was entitled to be declared elected at the election.
Mont. Code Ann. § 27-12-307 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-307
27-12-307 Assistance to claimant in obtaining expert consultation
Status: in_force

27-12-307 . Assistance to claimant in obtaining expert consultation. The director shall cooperate fully with the claimant in retaining as an expert consultant a chiropractic physician qualified in the field of chiropractic.
Mont. Code Ann. § 27-18-906 — MT Code / Title 27 / Chapter 18 / Part 9 / Section 27-18-906
27-18-906 Procedure when execution returned unsatisfied
Status: in_force

27-18-906 . Procedure when execution returned unsatisfied. If the execution is returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to 27-18-301 or 27-18-722 or the plaintiff may proceed, as in other cases, upon the return of an execution.
Mont. Code Ann. § 27-12-403 — MT Code / Title 27 / Chapter 12 / Part 4 / Section 27-12-403
27-12-403 Panel in cases involving multiple defendants
Status: in_force

27-12-403 . Panel in cases involving multiple defendants. If there are multiple defendants, the case against each may be reviewed by a separate panel or, at the discretion of the panel initially appointed or by stipulation of the parties, a single combined panel may review all the claims against all defendants.
Mont. Code Ann. § 27-6-601 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-601
27-6-601 Selection of presiding officer
Status: in_force

27-6-601 . 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 and who shall preside over the panel deliberations.
Mont. Code Ann. § 27-32-101 — MT Code / Title 27 / Chapter 32 / Part 1 / Section 27-32-101
27-32-101 Who may petition -- where petition filed
Status: in_force

27-32-101 . Who may petition -- where petition filed. For the purpose of having a judicial determination of the date of birth, any citizen of the United States, either natural born or naturalized, may file a petition with the clerk of the district court of the county of the citizen's residence.