Mont. Code Ann. § 27-19-306 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-306
27-19-306 Security for damages
Status: in_force

27-19-306 . Security for damages. (1) Subject to 25-1-402 , on granting an injunction or restraining order, the judge shall require a written undertaking to be given by the applicant for the payment of the costs and damages that may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. Except as provided in subsection (2), the undertaking:

(a) must be fixed at a sum that the judge considers proper; and

(b) may be waived:

(i) in domestic disputes; or

(ii) in the interest of justice.

(2) (a) If a party seeks an injunction or restraining order against an industrial operation or activity, the judge shall require a written undertaking to be filed by the applicant. The amount of the written undertaking must be set in an amount that includes all of the wages, salaries, and benefits of the employees of the party enjoined or restrained during the anticipated time that the injunction or restraining order will be in effect. The amount of the written undertaking may not exceed $50,000 unless the interests of justice require. The written undertaking must be conditioned to indemnify the employees of the party enjoined or restrained against lost wages, salaries, and benefits sustained by reason of the injunction or restraining order.

(b) As used in subsection (2)(a), "industrial operation or activity" includes but is not limited to construction, mining, timber, and grazing operations.

(3) Within 30 days after the service of the injunction, the party enjoined may object to the sufficiency of the sureties. If the party enjoined fails to object, all objections to the sufficiency of the sureties are waived. When objected to, the applicant's sureties, upon notice to the party enjoined of not less than 2 or more than 5 days, shall justify before a judge or clerk in the same manner as upon bail on arrest. If the sureties fail to justify or if others in their place fail to justify at the time and place appointed, the order granting the injunction must be dissolved.

(4) This section does not prohibit a person who is wrongfully enjoined from filing an action for any claim for relief otherwise available to that person in law or equity and does not limit the recovery that may be obtained in that action.
Mont. Code Ann. § 27-15-103 — MT Code / Title 27 / Chapter 15 / Part 1 / Section 27-15-103
27-15-103 Time limit on decisions regarding arrest, injunction, or attachment
Status: in_force

27-15-103 . Time limit on decisions regarding arrest, injunction, or attachment. Where an application is made to obtain, vacate, modify, or set aside an order of arrest, injunction order, or writ of attachment, the court or judge must finally decide the same within 20 days after it is submitted for decision.
Mont. Code Ann. § 27-12-402 — MT Code / Title 27 / Chapter 12 / Part 4 / Section 27-12-402
27-12-402 Selection of panelists
Status: in_force

27-12-402 . Selection of panelists. The board of chiropractors and the director of the state bar of Montana shall each annually transmit a list of licensees to the director of the panel. Within 14 days from the date of transmittal of a list, the director shall select 12 proposed panelists from the list. The director shall select three from each list to serve on the panel. The director shall notify the parties of the names of the panelists.
Mont. Code Ann. § 27-18-306 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-306
27-18-306 Sheriff's duty to execute
Status: in_force

27-18-306 . Sheriff's duty to execute. The sheriff to whom the writ is directed and delivered shall execute the writ without delay and, if the undertaking mentioned in 27-18-301 is not given, as provided in part 4. The sheriff may levy, from time to time and as often as is necessary, until the amount for which the writ was issued has been secured. The sheriff may not attach more property than appears necessary to satisfy the plaintiff's demand.
Mont. Code Ann. § 27-19-401 — MT Code / Title 27 / Chapter 19 / Part 4 / Section 27-19-401
27-19-401 Application to dissolve or modify injunction
Status: in_force

27-19-401 . Application to dissolve or modify injunction. The party enjoined may apply to the judge who granted the injunction order or to the court in which the action is brought to dissolve or modify the same. The application may be made upon reasonable notice or upon an order to show cause returnable at a specified time or immediately after service thereof. The application must be supported by an affidavit showing that there is not sufficient ground for the injunction to continue or that the scope of the injunction is too broad.
Mont. Code Ann. § 27-12-105 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-105
27-12-105 What claims panel to review
Status: in_force

27-12-105 . What claims panel to review. The panel shall review all malpractice claims or potential claims against chiropractic physicians covered by this chapter, except claims subject to a valid arbitration agreement allowed by law.
Mont. Code Ann. § 27-19-314 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-314
27-19-314 Temporary restraining order
Status: in_force

27-19-314 . Temporary restraining order. Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court or judge may enjoin the adverse party, until the hearing and decision of the application, by an order which is called a temporary restraining order.
Mont. Code Ann. § 27-12-308 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-308
27-12-308 Director to furnish panel members with documents
Status: in_force

27-12-308 . Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall give each panel member copies of all claims, all briefs, all chiropractic, medical, or hospital records, and all other documents that the director considers necessary.
Mont. Code Ann. § 27-26-401 — MT Code / Title 27 / Chapter 26 / Part 4 / Section 27-26-401
27-26-401 Default not permitted
Status: in_force

27-26-401 . Default not permitted. The writ cannot be granted by default. The case must be heard by the court or judge, whether the adverse party appear or not.
Mont. Code Ann. § 27-1-755 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-755
27-1-755 Civil action -- human trafficking victim
Status: in_force

27-1-755 . Civil action -- human trafficking victim. (1) A victim of human trafficking may bring a civil action against a person who commits an offense against the victim under 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.

(2) If a victim prevails in an action under this section, the court shall award the victim reasonable attorney fees and costs.

(3) An action under this section must be commenced not later than 10 years after the later of:

(a) the date on which the victim no longer was subject to human trafficking; or

(b) the date on which the victim reached 18 years of age.

(4) This section does not preclude any other remedy available to the victim under federal or state law.

(5) For the purposes of this section, the term "human trafficking" has the meaning provided in 45-5-701 .
Mont. Code Ann. § 27-19-105 — MT Code / Title 27 / Chapter 19 / Part 1 / Section 27-19-105
27-19-105 Form and scope of injunction or restraining order
Status: in_force

27-19-105 . Form and scope of injunction or restraining order. An order granting an injunction or a restraining order shall:

(1) set forth the reasons for its issuance;

(2) be specific in its terms;

(3) describe in reasonable detail, and not by reference to the complaint or any other document, the act or acts sought to be restrained; and

(4) be binding only upon the parties to the action; their officers, agents, employees, and attorneys; and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Mont. Code Ann. § 27-26-301 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-301
27-26-301 Time for return and hearing
Status: in_force

27-26-301 . Time for return and hearing. Writs of mandate 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. § 27-12-604 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-604
27-12-604 Form and content of decision
Status: in_force

27-12-604 . Form and content of decision. (1) The decision must:

(a) be in writing and signed by the presiding officer;

(b) contain only the conclusions reached by a majority of the panel; and

(c) list the number of dissenting members, if any.

(2) The majority may briefly explain the reasoning and the basis for its decision, and the dissenters may likewise explain the reasons for disagreement.
Mont. Code Ann. § 27-30-304 — MT Code / Title 27 / Chapter 30 / Part 3 / Section 27-30-304
27-30-304 Liability for private nuisance
Status: in_force

27-30-304 . Liability for private nuisance. (1) A person may be subject to a private nuisance cause of action only if that person, or the person's agent, proximately caused the private nuisance or, if that person is not available for a private nuisance lawsuit or cannot satisfy a private nuisance judgment, the person who owns or controls the real property where the private nuisance exists.

(2) Every successive owner or controller of real property who neglects to abate a continuing private nuisance upon or in the use of the property that was created under previous ownership is liable for the private nuisance in the same manner as the one who owned or controlled the real property when the private nuisance was created.
Mont. Code Ann. § 27-1-743 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-743
27-1-743 Operator's responsibilities
Status: in_force

27-1-743 . Operator's responsibilities. An operator shall:

(1) exercise reasonable care in constructing, erecting, maintaining, operating, and supervising amusement rides to ensure the safety of passengers;

(2) ensure that there is an adequately staffed first-aid station and a location for reporting injuries and accidents. For the purposes of this section, one adequately staffed first-aid station and a single location for reporting injuries and accidents on a site where multiple operators are grouped in a fair or carnival formation are sufficient.

(3) ensure that when supervising or operating a ride, the operator or an employee of the operator is not under the influence of alcohol or drugs;

(4) post in a conspicuous place on the amusement ride grounds an easily readable sign that lists the passenger and operator responsibilities and prohibitions contained in 27-1-744 and this section, as well as additional language or another sign near the entrance to each ride that includes:

(a) operational instructions, if any;

(b) safety guidelines for the ride, if any;

(c) restrictions on the use of the amusement ride, if any;

(d) behavior or activities that are prohibited, if any; and

(e) the following statement: "State law requires riders and passengers to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injury to themselves or others. Riders must report injuries before leaving the premises."

(5) conduct a daily pre-opening inspection of all amusement rides, in accordance with the pre-opening inspection requirements of ASTM F770-22 and ASTM F1193-22, section 6; and

(6) maintain liability insurance on the operation of the ride with an insurer authorized or approved to write this type of insurance in the state. The insurance must provide coverage, exclusive of daily interest and costs, of at least $500,000 for bodily injury or death of one person in each occurrence and at least $1 million for bodily injury or death of two or more persons in each occurrence.
Mont. Code Ann. § 27-12-301 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-301
27-12-301 How cases submitted -- no court action before application
Status: in_force

27-12-301 . How cases submitted -- no court action before application. A claimant shall submit a case for the consideration of the panel before filing a complaint in a 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. § 27-32-104 — MT Code / Title 27 / Chapter 32 / Part 1 / Section 27-32-104
27-32-104 Fees
Status: in_force

27-32-104 . Fees. The petitioner, upon the filing of the petition, shall pay to the clerk of court the fee for commencing an action, as provided for in 25-1-201 , and upon the entry of judgment, the applicant shall pay to the clerk of court an additional fee for entry of judgment, as provided for in 25-1-201 . A charge may not be made for posting of the notices required under this part. If the applicant provides a true copy of the judgment rendered, then the clerk of court shall certify the copy without additional charge.
Mont. Code Ann. § 27-1-520 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-520
27-1-520 Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance
Status: in_force

27-1-520 . Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance. A person who loses a competitive bid on a construction contract may maintain an action for damages against a successful bidder if the successful bidder does not pay standard prevailing wages on a contract where payment of the standard prevailing wage rate is required by Title 18, chapter 2, part 4, does not contribute to the state unemployment insurance fund, as required by 39-51-1103 , or does not pay workers' compensation premiums, as required by 39-71-401 . If the bids are sealed or for any other reason kept confidential, the person who solicited the bids shall, on request by a bidder who indicates an intent to sue under this section, inform the bidder of the identity of the next lowest valid bidder after the successful bidder. Upon proof that payment by the successful bidder of standard prevailing wages, workers' compensation premiums, and contributions to the state unemployment insurance fund for the job would have increased the successful bidder's bid amount in excess of the plaintiff's bid, the plaintiff may recover damages. The measure of damages is the same as provided in 27-1-311 , except that the total amount assessed against the successful bidder by all litigants may not exceed 10% of the successful bidder's bid.
Mont. Code Ann. § 27-25-205 — MT Code / Title 27 / Chapter 25 / Part 2 / Section 27-25-205
27-25-205 To whom writ directed -- return
Status: in_force

27-25-205 . To whom writ directed -- return. The writ may be directed to the inferior tribunal, board, or officer or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required.
Mont. Code Ann. § 27-28-103 — MT Code / Title 27 / Chapter 28 / Part 1 / Section 27-28-103
27-28-103 When attorney general required to commence action
Status: in_force

27-28-103 . When attorney general required to commence action. The attorney general shall commence an action:

(1) when directed by the governor; and

(2) when, upon complaint or otherwise, the attorney general has good reason to believe that any case specified in 27-28-102 can be established by proof.
Mont. Code Ann. § 27-19-316 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-316
27-19-316 Contents and filing of restraining order granted without notice
Status: in_force

27-19-316 . Contents and filing of restraining order granted without notice. Each temporary restraining order granted without notice must:

(1) be endorsed with the date and hour of its issuance;

(2) be filed immediately in the clerk's office and entered in the record;

(3) define the injury and state why the injury is irreparable and why the order was granted without notice;

(4) except as provided in 40-4-121 or Title 40, chapter 15, expire after 10 days and is not enforceable after 10 days unless extended under 27-19-317 .
Mont. Code Ann. § 27-2-505 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-505
27-2-505 Unfairness
Status: in_force

27-2-505 . Unfairness. If a court determines that the limitation period of another state applicable under 27-2-503 and 27-2-504 is substantially different from the limitation period of Montana and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of Montana applies.
Mont. Code Ann. § 27-26-302 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-302
27-26-302 Answer of adverse party
Status: in_force

27-26-302 . Answer of adverse party. On the return of the alternative or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
Mont. Code Ann. § 27-16-202 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-202
27-16-202 Time for making order
Status: in_force

27-16-202 . Time for making order. The order may be made at the time of issuing the summons or at any time afterwards before judgment.
Mont. Code Ann. § 27-1-101 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-101
27-1-101 Judicial remedies defined
Status: in_force

27-1-101 . Judicial remedies defined. Judicial remedies are such as are administered by the courts of justice or by judicial officers empowered for the purpose by the constitution and statutes of this state.
Mont. Code Ann. § 27-20-101 — MT Code / Title 27 / Chapter 20 / Part 1 / Section 27-20-101
27-20-101 Definition of property
Status: in_force

27-20-101 . Definition of property. The word "property", used in this chapter, includes the rents, profits, or other income and the increase of real or personal property.
Mont. Code Ann. § 27-12-606 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-606
27-12-606 Decision not binding -- settlement agreements
Status: in_force

27-12-606 . Decision not binding -- settlement agreements. The panel's decision is without administrative or judicial authority and is not binding upon a party. The panel may recommend an award or approve a settlement agreement. An approved settlement agreement is binding on the parties.
Mont. Code Ann. § 27-17-301 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-301
27-17-301 Duty of sheriff to keep and deliver property
Status: in_force

27-17-301 . Duty of sheriff to keep and deliver property. When the sheriff has taken property, as provided in this chapter, the sheriff shall keep the property in a secure place and deliver it to the party entitled to the property upon receiving the sheriff's lawful fees for taking and the necessary expenses for keeping the property.
Mont. Code Ann. § 27-18-602 — MT Code / Title 27 / Chapter 18 / Part 6 / Section 27-18-602
27-18-602 Claim of attached property by third person -- plaintiff to indemnify sheriff
Status: in_force

27-18-602 . Claim of attached property by third person -- plaintiff to indemnify sheriff. If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, gives the sheriff a good and sufficient bond to indemnify the sheriff against loss or damage by reason of retaining the property, the sheriff shall deliver the property to the person making the claim.
Mont. Code Ann. § 27-19-404 — MT Code / Title 27 / Chapter 19 / Part 4 / Section 27-19-404
27-19-404 When injunction dissolved or modified
Status: in_force

27-19-404 . When injunction dissolved or modified. If upon the hearing it satisfactorily appears that there are not sufficient grounds for the injunction order, the order must be dissolved; or if it satisfactorily appears that the extent of the injunction order is too great, the order must be modified.
Mont. Code Ann. § 27-32-303 — MT Code / Title 27 / Chapter 32 / Part 3 / Section 27-32-303
27-32-303 Appeal
Status: in_force

27-32-303 . Appeal. Any citizen may appeal from the judgment rendered the same as in civil actions.
Mont. Code Ann. § 27-19-102 — MT Code / Title 27 / Chapter 19 / Part 1 / Section 27-19-102
27-19-102 When final injunction may be granted to prevent breach of obligation
Status: in_force

27-19-102 . When final injunction may be granted to prevent breach of obligation. Except where otherwise provided by the provisions of the code governing specific and preventive relief (chapter 1, part 4, of this title and Title 28, chapter 2, parts 16 and 17), a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant where:

(1) pecuniary compensation would not afford adequate relief;

(2) it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;

(3) the restraint is necessary to prevent a multiplicity of judicial proceedings; or

(4) the obligation arises from a trust.
Mont. Code Ann. § 27-1-601 — MT Code / Title 27 / Chapter 1 / Part 6 / Section 27-1-601
27-1-601 Cause of action for alienation of affections abolished
Status: in_force

27-1-601 . Cause of action for alienation of affections abolished. All civil causes of action for alienation of affections of husband or wife are hereby abolished.
Mont. Code Ann. § 27-18-111 — MT Code / Title 27 / Chapter 18 / Part 1 / Section 27-18-111
27-18-111 Court record not to be open to public until writ returned
Status: in_force

27-18-111 . Court record not to be open to public until writ returned. In cases of attachment, the clerk of the court with whom the complaint is filed must not make public the fact of the filing of the complaint or the issuing of such attachment until after the filing of return of service of attachment.
Mont. Code Ann. § 27-12-703 — MT Code / Title 27 / Chapter 12 / Part 7 / Section 27-12-703
27-12-703 Panel proceedings and decision privileged from disclosure in court actions
Status: in_force

27-12-703 . Panel proceedings and decision privileged from disclosure in court actions. (1) A panel member must not be called to testify in any proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.

(2) A decision of the panel is not admissible as evidence in an action subsequently brought in a court of law.
Mont. Code Ann. § 27-16-205 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-205
27-16-205 Affidavits of sureties -- filing of undertaking
Status: in_force

27-16-205 . Affidavits of sureties -- filing of undertaking. Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the state and worth double the sum specified in the undertaking, over and above all the surety's debts and liabilities, exclusive of property exempt from execution. The undertaking must be filed with the clerk of the court.
Mont. Code Ann. § 27-18-603 — MT Code / Title 27 / Chapter 18 / Part 6 / Section 27-18-603
27-18-603 Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts
Status: in_force

27-18-603 . Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts. (1) The sheriff shall make a full inventory of the property attached and return the inventory with the writ. When the sheriff has levied several writs of attachment on the same property, only one inventory must be made.

(2) To enable the sheriff to make the return as to debts and credits attached, the sheriff shall request, at the time of service, the person owing the debt or having the credit to give the sheriff the memorandum, stating the amount and description of each debt or credit. If the memorandum is refused, the sheriff may apply upon 1 day's notice to the court or judge for an order to compel the memorandum to be given. If the order is granted, it must also direct the payment of costs of the motion by the person refusing.
Mont. Code Ann. § 27-1-718 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-718
27-1-718 Civil penalty for shoplifting
Status: in_force

27-1-718 . Civil penalty for shoplifting. (1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any store or other mercantile establishment without the consent of the owner or seller and with the intention of converting the goods to the taker's own use without having paid the purchase price of the goods is liable to the owner or seller for a penalty, whether or not the goods have been returned undamaged, in the amount of the greater of $100 or the retail value of the goods, not to exceed $1,000. This amount is in addition to actual damages.

(2) When an unemancipated minor takes possession of any goods, wares, or merchandise displayed or offered for sale by any store or other mercantile establishment without the consent of the owner or seller and with the intention of converting the goods to the minor's own use without having paid the purchase price of the goods, the minor's parent or legal guardian having custody of the minor is liable to the owner or seller for a penalty, whether or not the goods have been returned undamaged, equal to the greater of $100 or the retail value of the goods, not to exceed $1,000. For the purposes of this subsection (2), liability may not be imposed upon any governmental or private agency that has been assigned responsibility for the minor child pursuant to court order or action of the department of corrections or the department of public health and human services.

(3) Judgments and claims arising under this section may be assigned.

(4) A conviction for violation of 45-6-301 is not a condition precedent to maintenance of a civil action under this section.

(5) For purposes of this section, the term "emancipated minor" means a person under 18 years of age who is self-supporting from personal earnings or is married. A person who received more than 25% of the cost of support from any person other than an agency of the government may not be considered an emancipated minor.
Mont. Code Ann. § 27-1-1505 — MT Code / Title 27 / Chapter 1 / Part 15 / Section 27-1-1505
27-1-1505 Liens
Status: in_force

27-1-1505 . Liens. (1) As used in this section, the following definitions apply:

(a) "Lien" means an encumbrance on property as security for the payment of a debt.

(b) "Nonconsensual common-law lien" means a lien that:

(i) is not provided for by a specific state or federal statute;

(ii) does not depend upon the consent of the owner of the property affected for its existence;

(iii) is not an equitable or constructive lien imposed by a court; and

(iv) is not of a type commonly used in legitimate commercial transactions.

(c) "Person" means an individual, group of individuals, or any organization of individuals.

(2) A person may not file a nonconsensual common-law lien upon the real or personal property of an individual or organization.

(3) (a) If a nonconsensual common-law lien is filed against the real or personal property of an individual or organization, the individual or organization may petition the district court in the county in which the affected property is located to remove the nonconsensual common-law lien. If the district court determines that the lien in question is a nonconsensual common-law lien, the district court shall enter an order directing the appropriate public official to remove the nonconsensual common-law lien.

(b) The legislature may provide other methods of removing nonconsensual common-law liens.

(4) The person filing the nonconsensual common-law lien is liable for the costs of removing the nonconsensual common-law lien, including reasonable attorney fees, court costs, and actual damages sustained by the aggrieved individual or organization as a result of the nonconsensual common-law lien.
Mont. Code Ann. § 27-18-1505 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1505
27-18-1505 Security for sheriff's costs
Status: in_force

27-18-1505 . 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. § 27-1-1103 — MT Code / Title 27 / Chapter 1 / Part 11 / Section 27-1-1103
27-1-1103 Immunity from liability
Status: in_force

27-1-1103 . Immunity from liability. (1) No monetary liability and no cause of action may arise against any mental health professional for failing to predict, warn of, or take precautions to provide protection from a patient's threatened violent behavior unless the mental health professional has a duty to warn of violent behavior, as provided in 27-1-1102 .

(2) No monetary liability and no cause of action may arise against any mental health professional for disclosing confidential or privileged information in an effort to discharge a duty arising under 27-1-1102 .
Mont. Code Ann. § 27-17-205 — MT Code / Title 27 / Chapter 17 / Part 2 / Section 27-17-205
27-17-205 Plaintiff's undertaking -- service and execution by sheriff
Status: in_force

27-17-205 . Plaintiff's undertaking -- service and execution by sheriff. Upon receipt of the affidavit and notice with a written undertaking, executed by two or more sufficient sureties approved by the sheriff 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 for the prosecution of the action, and for the return of the property to the defendant, if return of the property is adjudged, and for the payment to the defendant of the sum that may from any cause be recovered against the plaintiff, the sheriff shall take the property described in the affidavit, if it is in the possession of the defendant or the defendant's agent, and retain it in the sheriff's custody or deliver it to the plaintiff as provided in 27-17-311 . The sheriff shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking by delivering the papers to the defendant personally, if the defendant can be found, or to the defendant's agent from whose possession the property is taken or, if neither can be found, by leaving the papers at the usual place of abode of either with some person of suitable age and discretion or, if neither have any known place of abode, by putting the papers in the nearest post office, directed to the defendant.
Mont. Code Ann. § 27-1-502 — MT Code / Title 27 / Chapter 1 / Part 5 / Section 27-1-502
27-1-502 Survival of counterclaim -- death or assignment
Status: in_force

27-1-502 . Survival of counterclaim -- death or assignment. When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal each other and neither can be deprived of the benefit thereof by the assignment or death of the other.
Mont. Code Ann. § 27-16-201 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-201
27-16-201 Order from judge required
Status: in_force

27-16-201 . Order from judge required. An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought.
Mont. Code Ann. § 27-19-204 — MT Code / Title 27 / Chapter 19 / Part 2 / Section 27-19-204
27-19-204 Issuance without bond
Status: in_force

27-19-204 . Issuance without bond. The injunction provided for in 27-19-202 shall issue without bond, upon the application of the county attorney of the county in which the action is pending or upon the application of the attorney general in the name of the state of Montana, upon a prima facie showing that an action described in 27-19-202 has been instituted and is pending.
Mont. Code Ann. § 27-18-1501 — MT Code / Title 27 / Chapter 18 / Part 15 / Section 27-18-1501
27-18-1501 Justice's authority to issue writ
Status: in_force

27-18-1501 . Justice's authority to issue writ. A writ to attach the property of the defendant may be issued by the justice at the time of or after issuing summons and before answer, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in 27-18-202 .
Mont. Code Ann. § 27-1-411 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-411
27-1-411 When specific performance of an obligation may be compelled
Status: in_force

27-1-411 . When specific performance of an obligation may be compelled. Except as otherwise provided in this part and Title 28, chapter 2, parts 16 and 17, the specific performance of an obligation may be compelled when:

(1) the act to be done is in the performance, wholly or partly, of an express trust;

(2) the act to be done is such that pecuniary compensation for its nonperformance would not afford adequate relief;

(3) it would be extremely difficult to ascertain the actual damage caused by the nonperformance of the act to be done; or

(4) it has been expressly agreed in writing, between the parties to the contract, that specific performance thereof may be required by either party or that damages shall not be considered adequate relief.
Mont. Code Ann. § 27-15-101 — MT Code / Title 27 / Chapter 15 / Part 1 / Section 27-15-101
27-15-101 When plaintiff may be required to elect among arrest, injunction, and attachment
Status: in_force

27-15-101 . When plaintiff may be required to elect among arrest, injunction, and attachment. When an application for an order of arrest, injunction order, and writ of attachment or two of them is made in the same action against the same defendant and it satisfactorily appears that, under the particular circumstances of the case, two or all of them are not necessary for the plaintiff's security, the court or judge may, in the court's or judge's discretion, require the plaintiff to elect between them.
Mont. Code Ann. § 27-1-202 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-202
27-1-202 Right to compensatory damages
Status: in_force

27-1-202 . Right to compensatory damages. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation for it in money, which is called damages. The measure of the damages recoverable from the person in fault for the reasonable value of medical services or treatment in actions arising from bodily injury or death is set forth in 27-1-308 .
Mont. Code Ann. § 27-6-307 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-307
27-6-307 Assistance to claimant in obtaining expert consultation
Status: in_force

27-6-307 . Assistance to claimant in obtaining expert consultation. The panel director shall cooperate fully with the claimant in retaining, to consult with the claimant, upon payment of a reasonable fee by the claimant, in claims involving:

(1) a physician, a physician qualified in the field of medicine involved; or

(2) a dentist, a dentist qualified in the field of dentistry involved.
Mont. Code Ann. § 27-1-417 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-417
27-1-417 Specific performance by party who signed when other party did not sign contract
Status: in_force

27-1-417 . Specific performance by party who signed when other party did not sign contract. A party who has signed a written contract may be compelled specifically to perform the contract, even though the other party has not signed the contract, if the latter has performed or offers to perform the contract and the case is otherwise proper for enforcing specific performance.
Mont. Code Ann. § 27-30-206 — MT Code / Title 27 / Chapter 30 / Part 2 / Section 27-30-206
27-30-206 Public nuisance actions by government
Status: in_force

27-30-206 . Public nuisance actions by government. (1) A public nuisance cause of action is available to a government entity only if the public nuisance is within the jurisdiction of that government entity. Past, current, or future expenditures made by a government entity related to injunction of or any other response to a public nuisance does not itself confer standing to file or maintain a public nuisance action.

(2) In a public nuisance action brought by a government entity, the only remedies against a public nuisance are:

(a) indictment or information as regulated by Titles 45 and 46;

(b) injunctive relief to enjoin an unlawful activity that is proximately causing a public nuisance; and

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

(3) Remedies available under this section may not include:

(a) the costs of abating a potential future public nuisance; or

(b) damages of any kind, including economic, noneconomic, and exemplary damages.

(4) For the purposes of this chapter, the term "government entity" means the state, an agency or a political subdivision of the state, a federal entity or agency, or any other governing authority, including a tribal government.

(5) Nothing in this chapter limits the authority of a government entity to order any person to vacate the right-of-way of a public highway of this state classified within the commission-designated highway system or as a state highway, as provided in 60-1-201 , or any navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.
Mont. Code Ann. § 27-1-606 — MT Code / Title 27 / Chapter 1 / Part 6 / Section 27-1-606
27-1-606 Criminal penalty
Status: in_force

27-1-606 . Criminal penalty. Any person who violates any of the provisions of this part is punishable upon conviction therefor by a fine of not less than $100 or more than $1,000 or imprisonment for a term of not less than 1 year or more than 5 years, in the discretion of the court.
Mont. Code Ann. § 27-18-412 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-412
27-18-412 Interest of defendant in decedent's estate
Status: in_force

27-18-412 . Interest of defendant in decedent's estate. The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by serving the personal representative of the decedent with a copy of the writ and a notice that the interest is attached. The attachment may not impair the powers of the representative over the property for the purposes of administration. A copy of the writ of attachment and of the notice must also be filed in the office of the clerk of the court in which the estate is being administered, and the personal representative shall report the attachment to the court when any petition for distribution is filed. In the decree made upon the petition, distribution must be ordered to the heir, legatee, or devisee, but delivery of the property must be ordered to the officer making the levy, subject to the claim of the heir, legatee, or devisee or any person claiming under the heir, legatee, or devisee. The property may not be delivered to the officer making the levy until the decree distributing the interest has become final.
Mont. Code Ann. § 27-2-211 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-211
27-2-211 Actions to enforce penalty or forfeiture or other statutory liability
Status: in_force

27-2-211 . Actions to enforce penalty or forfeiture or other statutory liability. (1) Within 2 years is the period prescribed for the commencement of an action upon:

(a) a statute for a penalty or forfeiture when the action is given to an individual or to an individual and the state, except when the statute imposing it prescribes a different limitation;

(b) a statute or an undertaking in a criminal action for a forfeiture or penalty to the state;

(c) a liability created by statute other than:

(i) a penalty or forfeiture; or

(ii) a statutory debt created by the payment of public assistance.

(2) The period prescribed for the commencement of an action by a municipal corporation for the violation of any city or town ordinance is within 1 year.

(3) Notwithstanding any other provision of this chapter, actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed or to enforce a liability created by law must be brought within 3 years after the discovery by the aggrieved party of the facts upon which the penalty of forfeiture attached or the liability was created.

(4) Unless fraud is involved or unless a support obligation has been entered, an action to enforce a statutory debt created by the payment of public assistance must be brought within 5 years from the date the debt arises. If fraud is involved, an action must be brought within 5 years of the discovery of the fraud. If a support obligation has been entered, an action must be brought within 10 years of the termination of the support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later.
Mont. Code Ann. § 27-2-207 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-207
27-2-207 Injuries involving property
Status: in_force

27-2-207 . Injuries involving property. Within 2 years is the period prescribed for the commencement of an action for:

(1) injury to or waste or trespass on real or personal property;

(2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property;

(3) killing or injuring stock by a railroad corporation or company.
Mont. Code Ann. § 27-26-303 — MT Code / Title 27 / Chapter 26 / Part 3 / Section 27-26-303
27-26-303 Jury trial
Status: in_force

27-26-303 . Jury trial. (1) If an answer is made that raises a question as to a matter of fact essential to the determination of the motion and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court or judge may order the question to be tried before a jury and postpone the argument until the trial can be had. The question to be tried must be distinctly stated in the order for trial. The order may also direct the jury to assess any damages that the applicant may have sustained if the jury finds for the applicant.

(2) If the proceeding is in the district court or before a district judge, the trial must take place as in other cases. If a jury is required in the supreme court, 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 box in the custody of the clerk of the supreme court for that purpose. The conduct of the trial must be the same as in the district court, and the clerk of the supreme court has the same authority to issue process and enter orders and judgments as the district court clerk has in similar cases.
Mont. Code Ann. § 27-32-103 — MT Code / Title 27 / Chapter 32 / Part 1 / Section 27-32-103
27-32-103 Exclusive jurisdiction of district courts
Status: in_force

27-32-103 . Exclusive jurisdiction of district courts. The district courts of this state shall have exclusive jurisdiction to hear and determine all petitions hereunder.
Mont. Code Ann. § 27-18-731 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-731
27-18-731 Filing of order discharging or releasing attachment of real property
Status: in_force

27-18-731 . Filing of order discharging or releasing attachment of real property. Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the office of the county clerk in which the notice of the attachment has been filed and be indexed in like manner.
Mont. Code Ann. § 27-6-302 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-302
27-6-302 Contents of application -- waiver of confidentiality of medical and dental records
Status: in_force

27-6-302 . Contents of application -- waiver of confidentiality of medical and dental records. The application must contain the following:

(1) a statement in reasonable detail of the elements of the health care provider's conduct that are believed to constitute a malpractice claim, the dates on which the conduct occurred, and the names and addresses of all physicians, dentists, podiatrists, and hospitals having contact with the claimant and all witnesses;

(2) a statement authorizing the panel to obtain access to all medical, dental, podiatric, and hospital records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. The statement may not in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.
Mont. Code Ann. § 27-26-204 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-204
27-26-204 Factors that determine whether writ peremptory or alternative
Status: in_force

27-26-204 . Factors that determine whether writ peremptory or alternative. When an application to the court or judge is made without notice to the adverse party and the writ be allowed, the alternative must be first issued; but if the application be upon due notice and the writ be allowed, the peremptory may be issued in the first instance.
Mont. Code Ann. § 27-34-110 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-110
27-34-110 Costs, attorney fees, and expenses
Status: in_force

27-34-110 . Costs, attorney fees, and expenses. On a motion under 27-34-103 , the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:

(1) to the moving party if the moving party prevails on the motion; or

(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.
Mont. Code Ann. § 27-18-722 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-722
27-18-722 Defendant's undertaking -- justification of sureties
Status: in_force

27-18-722 . Defendant's undertaking -- justification of sureties. Before making such order, the court or judge must require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the state, to the effect that in case the plaintiff recover judgment in the action, the defendant will, on demand, redeliver the attached property so released to the proper officer to be applied to the payment of the judgment or, in default thereof, that the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The court or judge making the order may fix the sum for which the undertaking shall be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by one or more disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached cannot be released without their justification, if the same be required.
Mont. Code Ann. § 27-5-313 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-313
27-5-313 Modification or correction of award by court
Status: in_force

27-5-313 . Modification or correction of award by court. (1) Upon application made within 90 days after delivery of a copy of the award to the applicant, the district court shall modify or correct the award if:

(a) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;

(b) the arbitrators awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(c) the award is imperfect in a matter of form not affecting the merits of the controversy.

(2) If the application is granted, the court shall modify and correct the award to effect its intent and shall confirm the award as modified and corrected. Otherwise, the court shall confirm the award as made.

(3) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Mont. Code Ann. § 27-1-821 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-821
27-1-821 Extent to which a correction is a defense upon trial
Status: in_force

27-1-821 . Extent to which a correction is a defense upon trial. If it appears upon trial that the publication or broadcast complained of was made under honest mistake, then a correction timely published or broadcast without comment in a position and type as prominent as the alleged libel or in a broadcast made at the same time of day as the broadcast complained of and of at least equal duration constitutes a defense against the recovery of punitive damages.
Mont. Code Ann. § 27-5-112 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-112
27-5-112 Uniformity of interpretation
Status: in_force

27-5-112 . Uniformity of interpretation. This chapter must be construed to effectuate its general purpose to make uniform the law of those states that enact it.
Mont. Code Ann. § 27-18-203 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-203
27-18-203 Affidavit requirements when debt not yet due
Status: in_force

27-18-203 . Affidavit requirements when debt not yet due. Actions may be commenced and writs of attachment issued upon any debt for the payment of money or specific property before the debt has become due or upon a local government debris removal issue when it appears by the affidavit, in addition to what is required in 27-18-202 :

(1) that the defendant is leaving or is about to leave this state, taking property, money, or other effects that might be subjected to the payment of the debt, for the purpose of defrauding the defendant's creditors or a local government; or

(2) that the defendant is disposing of property or is about to dispose of property, subject to execution, for the purpose of defrauding the defendant's creditors or a local government.
Mont. Code Ann. § 27-17-310 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-310
27-17-310 Answer of defendant claiming third person entitled to property
Status: in_force

27-17-310 . Answer of defendant claiming third person entitled to property. The defendant may, by answer, defend on the ground that a third person was entitled to the property, without connecting the defendant with the third party's title.
Mont. Code Ann. § 27-26-402 — MT Code / Title 27 / Chapter 26 / Part 4 / Section 27-26-402
27-26-402 Judgment for applicant
Status: in_force

27-26-402 . Judgment for applicant. If judgment is given for the applicant:

(1) the applicant may recover the damages that the applicant has sustained, as found by the jury or as determined by the court or referees, if a reference was ordered, together with costs;

(2) an execution may issue for the damages and costs; and

(3) a peremptory mandate must be awarded without delay.
Mont. Code Ann. § 27-12-501 — MT Code / Title 27 / Chapter 12 / Part 5 / Section 27-12-501
27-12-501 Time and place of hearing
Status: in_force

27-12-501 . Time and place of hearing. (1) Subject to subsection (2), the director shall choose a date, time, and place for hearing and give prompt notice thereof to the parties involved, their attorneys, and the members of the panel. The hearing date may not be more than 120 days after transmittal of the application by the director, unless the panel finds that good cause exists for extending the 120-day period.

(2) Panel hearings may be held in any county the panel considers necessary or advisable. The county commissioners or other governing authority shall, upon request of the director of the panel, provide suitable facilities for the hearing.
Mont. Code Ann. § 27-27-101 — MT Code / Title 27 / Chapter 27 / Part 1 / Section 27-27-101
27-27-101 Definition and function of writ of prohibition
Status: in_force

27-27-101 . Definition and function of writ of prohibition. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.
Mont. Code Ann. § 27-26-206 — MT Code / Title 27 / Chapter 26 / Part 2 / Section 27-26-206
27-26-206 Enforcement of writ -- penalty
Status: in_force

27-26-206 . Enforcement of writ -- penalty. (1) When a peremptory mandate has been issued and directed to any lower tribunal, corporation, board, or person, if it appears to the court or judge that any member of the tribunal, corporation, board, or person upon whom the writ has been personally served has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed and may make any orders necessary and proper for the complete enforcement of the writ.

(2) When a party is an elected or appointed official and is found in contempt pursuant to 3-1-501 for not complying with a writ of mandamus, the official may be subject to recall pursuant to the provisions of Title 2, chapter 16, part 6.
Mont. Code Ann. § 27-1-102 — MT Code / Title 27 / Chapter 1 / Part 1 / Section 27-1-102
27-1-102 Actions and special proceedings defined
Status: in_force

27-1-102 . Actions and special proceedings defined. (1) These remedies are divided into two classes:

(a) actions; and

(b) special proceedings.

(2) An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Every other remedy is a special proceeding.
Mont. Code Ann. § 27-2-219 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-219
27-2-219 Tort actions -- gender transition treatment for minors
Status: in_force

27-2-219 . (Effective October 1, 2026) Tort actions -- gender transition treatment for minors. (1) An action brought by a person for damages for injuries suffered from gender transition treatment the person received as a minor must be commenced by the date the person reaches 25 years of age or within 2 years from the time of discovery by the person of both the injury and the causal relationship between the gender transition treatment and the injury, whichever occurs later, except that an action may not be commenced after the person reaches 30 years of age.

(2) An action brought pursuant to 50-4-1405 for injuries suffered from gender transition treatment the person received as a minor must be brought within the timeframes specified in this section.

(3) For the purposes of this section, "gender transition treatment" means the following medical treatments provided:

(a) to a female minor to address the minor's perception that her gender or sex is not female:

(i) surgical procedures, including a vaginectomy, hysterectomy, oophorectomy, ovariectomy, reconstruction of the urethra, metoidioplasty, phalloplasty, scrotoplasty, implantation of erection or testicular protheses, subcutaneous mastectomy, voice surgery, and pectoral implants;

(ii) supraphysiologic doses of testosterone or other androgens; or

(iii) puberty blockers, such as GnRH agonists or other synthetic drugs that suppress the production of estrogen and progesterone to delay or suppress pubertal development in female minors; and

(b) to a male minor to address the minor's perception that his gender or sex is not male:

(i) surgical procedures, including a penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty, augmentation mammoplasty, facial feminization surgery, voice surgery, thyroid cartilage reduction, and gluteal augmentation;

(ii) supraphysiologic doses of estrogen; or

(iii) puberty blockers, such as GnRH agonists or other synthetic drugs that suppress the production of testosterone to delay or suppress pubertal development in male minors.
Mont. Code Ann. § 27-6-703 — MT Code / Title 27 / Chapter 6 / Part 7 / Section 27-6-703
27-6-703 Records of proceedings -- confidentiality
Status: in_force

27-6-703 . Records of proceedings -- confidentiality. The director shall maintain records of all proceedings before the panel, which must include the nature of the act or omissions complained of, a brief summary of the evidence expressed, the decision of the panel, and any majority or dissenting opinions filed. Any records which may identify any party to the proceedings may not be made public and are not subject to subpoena but are to be used solely for the purpose of compiling statistical data and facilitating ongoing studies of medical malpractice in Montana.
Mont. Code Ann. § 27-20-103 — MT Code / Title 27 / Chapter 20 / Part 1 / Section 27-20-103
27-20-103 Appointment of receiver upon dissolution of corporation
Status: in_force

27-20-103 . Appointment of receiver upon dissolution of corporation. Upon the dissolution of any corporation, the district court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, to collect the debts and property due and belonging to the corporation, to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over among the stockholders or members.
Mont. Code Ann. § 27-12-602 — MT Code / Title 27 / Chapter 12 / Part 6 / Section 27-12-602
27-12-602 Questions panel must decide
Status: in_force

27-12-602 . Questions panel must decide. Upon consideration of all relevant evidence, 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. § 27-1-603 — MT Code / Title 27 / Chapter 1 / Part 6 / Section 27-1-603
27-1-603 Acts within Montana not to give rise to abolished cause of action
Status: in_force

27-1-603 . Acts within Montana not to give rise to abolished cause of action. No act done within this state after July 1, 1963, shall operate to give rise, either within or without this state, to any of the causes of action abolished by this part. No contract to marry which shall be made within this state after July 1, 1963, shall operate to give rise, either within or without this state, to any cause of action for breach thereof. It is the intention of this part to fix the effect, status, and character of such acts and contracts and to render them ineffective to support or give rise to any such causes of action within or without this state.
Mont. Code Ann. § 27-18-301 — MT Code / Title 27 / Chapter 18 / Part 3 / Section 27-18-301
27-18-301 Form and content of writ -- defendant's undertaking to prevent levy
Status: in_force

27-18-301 . Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ must be directed to the sheriff of any county in which property of the defendant may be located and must require the sheriff to:

(a) attach and safely keep all the property of the defendant within the sheriff's 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 the sheriff security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy the demand, besides costs, or in an amount equal to the value of the property that has been or is about to be attached, take the undertaking.

(2) The undertaking must be to the plaintiff in the action 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 judge of the district court of the same county as the residence of the sheriff.
Mont. Code Ann. § 27-12-205 — MT Code / Title 27 / Chapter 12 / Part 2 / Section 27-12-205
27-12-205 Powers of panel
Status: in_force

27-12-205 . Powers of panel. The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required by rules adopted by the director, the issuance of subpoenas, and the performance of all other acts required to fairly and effectively administer this chapter.
Mont. Code Ann. § 27-17-309 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-309
27-17-309 Claim of property by third person -- plaintiff to indemnify sheriff
Status: in_force

27-17-309 . Claim of property by third person -- plaintiff to indemnify sheriff. If the property taken is claimed by any person other than the defendant or the defendant's agent and the other person makes an affidavit of the person's title to the property or right of the possession of the property, stating the grounds of the right or title, and serves the affidavit upon the sheriff, the sheriff is not bound to keep the property or deliver it to the plaintiff unless the plaintiff, on demand of the plaintiff or the plaintiff's agent, indemnifies the sheriff against the claim by an undertaking by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. A claim to the property by any person other than the defendant or the defendant's agent is not valid against the sheriff unless made as provided in this section.
Mont. Code Ann. § 27-7-103 — MT Code / Title 27 / Chapter 7 / Part 1 / Section 27-7-103
27-7-103 Entry of judgment -- costs
Status: in_force

27-7-103 . Entry of judgment -- costs. Judgment must be entered in the judgment book as in other cases but without costs for any proceeding prior to the trial.
Mont. Code Ann. § 27-12-306 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-306
27-12-306 Chiropractic physician's appearance and answer -- waiver of confidentiality of records
Status: in_force

27-12-306 . Chiropractic physician's appearance and answer -- waiver of confidentiality of records. (1) If a chiropractic physician whose alleged malpractice caused the application to be filed chooses to retain legal counsel, the chiropractic physician's attorney shall informally enter an appearance with the director.

(2) The chiropractic physician shall answer the application and submit a statement authorizing the panel to inspect all medical, chiropractic, and hospital records and information pertaining to the application and, for the purposes of panel inspection only, waiving any privilege as to the content of those records. Nothing in the statement waives any privilege for any other purpose.
Mont. Code Ann. § 27-1-201 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-201
27-1-201 Detriment defined
Status: in_force

27-1-201 . Detriment defined. Detriment is a loss or harm suffered in person or property.
Mont. Code Ann. § 27-5-216 — MT Code / Title 27 / Chapter 5 / Part 2 / Section 27-5-216
27-5-216 Award
Status: in_force

27-5-216 . Award. (1) The award must be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally by certified mail or as provided in the agreement.

(2) An award must be made within the time fixed by the agreement or, if no time is fixed, within the time that the district court orders on application of a party. The parties may extend the time, in writing, either before or after the expiration of the time. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of the party's objection prior to the delivery of the award to that party.
Mont. Code Ann. § 27-1-802 — MT Code / Title 27 / Chapter 1 / Part 8 / Section 27-1-802
27-1-802 Libel defined
Status: in_force

27-1-802 . Libel defined. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation that exposes any person to hatred, contempt, ridicule, or obloquy or causes a person to be shunned or avoided or that has a tendency to injure a person in the person's occupation.
Mont. Code Ann. § 27-12-305 — MT Code / Title 27 / Chapter 12 / Part 3 / Section 27-12-305
27-12-305 Service on chiropractic physician
Status: in_force

27-12-305 . Service on chiropractic physician. Upon receipt of an application, the director or the director's delegate shall serve a copy of the application on the chiropractic physician whose alleged malpractice caused the application to be filed. Service must be by mailing a certified copy of the application to the chiropractic physician at the chiropractic physician's last-known address, postage prepaid, by certified mail, return receipt requested.
Mont. Code Ann. § 27-18-411 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-411
27-18-411 Duty of secretary of state -- fees
Status: in_force

27-18-411 . Duty of secretary of state -- fees. (1) When service of an order of a writ of execution is made through the secretary of state or the secretary of state's deputy, the secretary of state or the deputy shall promptly mail the copy of the writ, notice, and copy of the order by certified mail to the address of the corporation at its principal home office, as shown by the papers on file in the office of the secretary of state. The office of the secretary of state shall fill out and mail to the clerk of the court in which the action is pending a certificate of the mailing and shall attach the registry receipt for the letter. The order must be effective and the specified assets of the defendant must be attached upon the service of the writ as provided in this section.

(2) At the time the writ is served, the secretary of state shall charge and collect a fee, which must be set and deposited in accordance with 2-15-405 . The fee may be claimed as a cost by the plaintiff.
Mont. Code Ann. § 27-2-502 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-502
27-2-502 Definitions
Status: in_force

27-2-502 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute.

(2) "State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them.
Mont. Code Ann. § 27-2-202 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-202
27-2-202 Actions based on contract or other obligation
Status: in_force

27-2-202 . Actions based on contract or other obligation. (1) The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years.

(2) The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.

(3) The period prescribed for the commencement of an action on an obligation or liability, other than a contract, account, or promise, not founded on an instrument in writing is within 3 years.
Mont. Code Ann. § 27-28-505 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-505
27-28-505 Powers and duties of trustees -- liability
Status: in_force

27-28-505 . Powers and duties of trustees -- liability. (1) The trustees shall immediately demand all money, property, and papers within the custody or control of the officers of the corporation belonging to the corporation or in any way necessary for the settlement of its affairs or for the discharge of its debts and liabilities; and they may sue for and recover the demands and property of the corporation.

(2) The trustees are jointly and severally liable to the creditors and stockholders of the corporation to the extent of its property and effects which come into their hands.
Mont. Code Ann. § 27-34-108 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-108
27-34-108 Ruling
Status: in_force

27-34-108 . Ruling. The court shall rule on a motion under 27-34-103 not later than 60 days after a hearing under 27-34-105 .
Mont. Code Ann. § 27-7-101 — MT Code / Title 27 / Chapter 7 / Part 1 / Section 27-7-101
27-7-101 When and in what court controversy may be submitted
Status: in_force

27-7-101 . When and in what court controversy may be submitted. Parties to a question in difference which might be subject to a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the same to any court which would have jurisdiction if an action had been brought, but it must appear by affidavit that the controversy is real and the proceedings in good faith to determine the rights of the parties.
Mont. Code Ann. § 27-16-604 — MT Code / Title 27 / Chapter 16 / Part 6 / Section 27-16-604
27-16-604 Disposition of deposited money after judgment
Status: in_force

27-16-604 . Disposition of deposited money after judgment. If money has been deposited and it remains on deposit at the time of recovery of a judgment in favor of the plaintiff, the clerk shall, under direction of the court, apply the money in satisfaction of the judgment and, after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant, the clerk shall, under the direction of the court, refund the whole sum deposited and remaining unapplied to the defendant.
Mont. Code Ann. § 27-6-303 — MT Code / Title 27 / Chapter 6 / Part 3 / Section 27-6-303
27-6-303 Amendments to application
Status: in_force

27-6-303 . Amendments to application. Amendments to the application may be authorized by rule.
Mont. Code Ann. § 27-1-751 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-751
27-1-751 Short title
Status: in_force

27-1-751 . Short title. Sections 27-1-751 through 27-1-754 may be cited as the "Montana Recreation Responsibility Act".
Mont. Code Ann. § 27-1-302 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-302
27-1-302 Damages to be reasonable
Status: in_force

27-1-302 . Damages to be reasonable. (1) Subject to subsection (2), damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages contrary to substantial justice, no more than reasonable damages can be recovered.

(2) In any action arising from bodily injury or death, damages exceeding amounts provided in 27-1-308 (2) are unreasonable, unconscionable, and grossly oppressive contrary to substantial justice.
Mont. Code Ann. § 27-19-303 — MT Code / Title 27 / Chapter 19 / Part 3 / Section 27-19-303
27-19-303 Time of granting injunction, evidence required
Status: in_force

27-19-303 . Time of granting injunction, evidence required. (1) The injunction order may be granted after the hearing at any time before judgment.

(2) Upon the hearing each party may present affidavits or oral testimony. An injunction order may not be granted on affidavits unless:

(a) they are duly verified; and

(b) the material allegations of the affidavits setting forth the grounds for the order are made positively and not upon information and belief.

(3) Upon the hearing of a contested application for an injunction order, a verified answer has the effect only of an affidavit.
Mont. Code Ann. § 27-19-103 — MT Code / Title 27 / Chapter 19 / Part 1 / Section 27-19-103
27-19-103 When injunction may not be granted
Status: in_force

27-19-103 . When injunction may not be granted. An injunction cannot be granted:

(1) to stay a judicial proceeding pending at the commencement of an action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;

(2) to stay proceedings in a court of the United States;

(3) to stay proceedings in another state upon a judgment of a court of that state;

(4) to prevent the execution of a public statute by officers of the law for the public benefit;

(5) to prevent the breach of a contract the performance of which would not be specifically enforced;

(6) to prevent the exercise of a public or private office, in a lawful manner, by the person in possession;

(7) to prevent a legislative act by a municipal corporation;

(8) in labor disputes under any other or different circumstances or conditions than if the controversy were of another or different character or between parties neither or none of whom were laborers or interested in labor questions; or

(9) to prevent the secretary of state from issuing a temporary or final administrative rule before the administrative rule is issued.
Mont. Code Ann. § 27-12-102 — MT Code / Title 27 / Chapter 12 / Part 1 / Section 27-12-102
27-12-102 Purpose
Status: in_force

27-12-102 . Purpose. The purpose of this chapter is to:

(1) prevent, whenever possible, filed court actions against chiropractic physicians and their employees for professional liability in situations in which the facts do not permit at least a reasonable inference of malpractice; and

(2) make possible the fair and equitable disposition of such claims against chiropractic physicians as are or reasonably may be well founded.
Mont. Code Ann. § 27-1-321 — MT Code / Title 27 / Chapter 1 / Part 3 / Section 27-1-321
27-1-321 Conversion of personal property -- damages of lienholder
Status: in_force

27-1-321 . Conversion of personal property -- damages of lienholder. A person having a mere lien on personal property cannot recover greater damages for the property's conversion, from a person having a right to the property superior to the person holding the lien after the lien is discharged, than the amount secured by the lien and the compensation allowed by 27-1-320 (1) for the loss of time and expenses.
Mont. Code Ann. § 27-27-104 — MT Code / Title 27 / Chapter 27 / Part 1 / Section 27-27-104
27-27-104 Application of procedure governing mandamus
Status: in_force

27-27-104 . Application of procedure governing mandamus. The provisions of chapter 26, except 27-26-101 , 27-26-102 , 27-26-201 , and 27-26-203 , apply to this proceeding.
Mont. Code Ann. § 27-16-203 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-203
27-16-203 When order must be made
Status: in_force

27-16-203 . When order must be made. The order must be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists and that the case is one of those mentioned in 27-16-102 .
Mont. Code Ann. § 27-27-103 — MT Code / Title 27 / Chapter 27 / Part 1 / Section 27-27-103
27-27-103 Form and content of writ
Status: in_force

27-27-103 . Form and content of writ. The writ must 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 to desist or refrain from further proceedings in the action or matter specified in the writ until the further order of the court or judge from which it is issued and to show cause before the court or judge, at a specified time and place, why the party should not be absolutely restrained from any further proceedings in the action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party should not be absolutely restrained, etc., must be omitted and a return day inserted.
Mont. Code Ann. § 27-19-203 — MT Code / Title 27 / Chapter 19 / Part 2 / Section 27-19-203
27-19-203 Preliminary injunction pending action by public service commission
Status: in_force

27-19-203 . Preliminary injunction pending action by public service commission. When the public service commission is conducting an adjudicatory proceeding or formal investigation relating to continuation or interruption of service upon the motion of the consumer counsel or the interested person or the interested person's legal representative, a district court may, upon the application of the consumer counsel or the interested person or the interested person's legal representative, enter a restraining order against any person respondent in the adjudicatory proceeding or investigation. The restraining order may prohibit the respondent and the respondent's agents, employees, licensees, and assignees from acting in the manner complained of in the proceeding before the commission until the commission has rendered its decision in the matter. The restraining order may include an order to show cause why the order should not become an injunction for the duration of the proceeding before the commission.
Mont. Code Ann. § 27-2-506 — MT Code / Title 27 / Chapter 2 / Part 5 / Section 27-2-506
27-2-506 Existing and future claims
Status: in_force

27-2-506 . Existing and future claims. This part applies to claims:

(1) accruing after October 1, 1991; or

(2) asserted in a civil action or proceeding more than 1 year after October 1, 1991, but do not revive a claim barred before October 1, 1991.
Mont. Code Ann. § 27-19-201 — MT Code / Title 27 / Chapter 19 / Part 2 / Section 27-19-201
27-19-201 When preliminary injunction may be granted -- when injunction order may be granted -- legislative intent
Status: in_force

27-19-201 . When preliminary injunction may be granted -- when injunction order may be granted -- legislative intent. (1) A preliminary injunction order or temporary restraining order may be granted when the applicant establishes that:

(a) the applicant is likely to succeed on the merits;

(b) the applicant is likely to suffer irreparable harm in the absence of preliminary relief;

(c) the balance of equities tips in the applicant's favor; and

(d) the order is in the public interest.

(2) An injunction order may be granted in either of the following cases between persons, not including a person being sued in that person's official capacity:

(a) when it appears that the adverse party, while the action is pending, threatens or is about to remove or to dispose of the adverse party's property with intent to defraud the applicant, in which case an injunction order may be granted to restrain the removal or disposition; or

(b) when it appears that the applicant has applied for an order under the provisions of 40-4-121 or an order of protection under Title 40, chapter 15.

(3) The applicant for an injunction provided for in this section bears the burden of demonstrating the need for an injunction order.

(4) (a) It is the intent of the legislature that the language in subsection (1) mirror the federal preliminary injunction standard, and that interpretation and application of subsection (1) closely follow United States supreme court case law.

(b) When conducting the preliminary injunction analysis, the court shall examine the four criteria in subsection (1) independently. The court may not use a sliding scale test, the serious questions test, flexible interplay, or another federal circuit modification to the criteria.
Mont. Code Ann. § 27-15-102 — MT Code / Title 27 / Chapter 15 / Part 1 / Section 27-15-102
27-15-102 Availability of provisional remedies to defendant interposing counterclaim
Status: in_force

27-15-102 . Availability of provisional remedies to defendant interposing counterclaim. Whenever the defendant interposes a counterclaim and demands an affirmative judgment against the plaintiff, the defendant's right to a provisional remedy is the same as it would be in an action brought by the defendant against the plaintiff for the cause of action stated in the counterclaim and demanding the same judgment. For the purpose of applying the provisions of Title 25, chapter 8, and Title 27, chapters 15 through 20, to a case involving a counterclaim, the defendant is considered the plaintiff, the plaintiff is considered the defendant, and the counterclaim set forth in the answer is considered the complaint.
Mont. Code Ann. § 27-33-101 — MT Code / Title 27 / Chapter 33 / Part 1 / Section 27-33-101
27-33-101 Short title
Status: in_force

27-33-101 . Short title. This part may be cited as the "Montana Religious Freedom Restoration Act".
Mont. Code Ann. § 27-17-305 — MT Code / Title 27 / Chapter 17 / Part 3 / Section 27-17-305
27-17-305 Return of part of the property
Status: in_force

27-17-305 . Return of part of the property. Where the plaintiff's affidavit states separately the value of one or more chattels or classes of chattels, the defendant may require, as prescribed in this chapter, the return of any or all of the chattels or classes of chattels the value of which is thus stated or of the portion thereof which has been taken.
Mont. Code Ann. § 27-1-740 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-740
27-1-740 Ridesharing -- limits on employer liability
Status: in_force

27-1-740 . Ridesharing -- limits on employer liability. (1) Except as provided in subsection (2), an employer is not liable for injuries or damages sustained by operators, passengers, or other persons:

(a) that result from operation of a motor vehicle that is being used in a voluntary ridesharing arrangement between a place of residence and a place of employment or near those places; or

(b) because the employer provides information to, provides incentives to, or otherwise encourages employees to participate in voluntary ridesharing arrangements.

(2) This section does not apply to:

(a) motor vehicles owned, leased, or otherwise provided by an employer;

(b) an employer that reimburses an employee for mileage or travel expenses, other than parking, for participation in a ridesharing arrangement;

(c) an employer that makes employee participation in ridesharing programs a requirement of employment;

(d) acts by an employee within the scope of employment; or

(e) voluntary ridesharing arrangements subsidized by an employer.

(3) For purposes of this section:

(a) "employment" commences when an employee arrives at the employer's place of employment to report for work and terminates when the employee leaves the employer's place of employment; and

(b) "within the scope of employment" means activity when the employee is engaged in the performance of duties assigned or directed by the employer or is acting in the furtherance of the business of the employer.
Mont. Code Ann. § 27-18-801 — MT Code / Title 27 / Chapter 18 / Part 8 / Section 27-18-801
27-18-801 Sheriff to sell perishable property
Status: in_force

27-18-801 . Sheriff to sell perishable property. If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution.
Mont. Code Ann. § 27-1-735 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-735
27-1-735 Emergency communications systems -- lawful release of information
Status: in_force

27-1-735 . Emergency communications systems -- lawful release of information. (1) It is lawful for a telephone company or telecommunications provider to release in good faith to personnel of emergency communications systems information not in the public record, including but not limited to unpublished or unlisted telephone numbers, subscribers' names and physical addresses, and phone location information pursuant to 10-4-118 .

(2) A local exchange telephone company registered as a Montana telecommunications service provider, as provided in 69-3-805 , or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d)(1), that provides emergency communications systems and related services and its employees and agents are not liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance, or provision of emergency communications systems or related services unless the acts or omissions of the entities or persons constitute gross negligence or willful or wanton misconduct. This subsection does not provide immunity from liability in a products liability action.

(3) For the purposes of this section, "subscribers" means persons, partnerships, corporations, or other entities acquiring telecommunications services from a telecommunications provider. There is one subscriber for each billed line of a telecommunications provider.
Mont. Code Ann. § 27-19-403 — MT Code / Title 27 / Chapter 19 / Part 4 / Section 27-19-403
27-19-403 New undertaking for security following hearing
Status: in_force

27-19-403 . New undertaking for security following hearing. Upon the hearing, 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 the undertaking executed upon the 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. § 27-1-747 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-747
27-1-747 Claims and damages based on birth of child prohibited
Status: in_force

27-1-747 . Claims and damages based on birth of child prohibited. (1) A cause of action or award of damages is prohibited if the cause of action or award of damages is based on the claim that, but for the conduct of a health care provider, a parent would not have permitted the parent's child to have been born.

(2) For the purposes of this section, the term "health care provider" means a health care facility as defined in 50-5-101 or a physician, physician assistant, registered nurse, advanced practice registered nurse, or direct-entry midwife licensed under Title 37.

(3) This section does not apply to instances of gross negligence or willful or wanton acts or omissions.
Mont. Code Ann. § 27-33-105 — MT Code / Title 27 / Chapter 33 / Part 1 / Section 27-33-105
27-33-105 Free exercise of religion protected
Status: in_force

27-33-105 . Free exercise of religion protected. (1) State action may not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion:

(a) is essential to further a compelling governmental interest; and

(b) is the least restrictive means of furthering that compelling governmental interest.

(2) A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this part may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state of Montana or one of its political subdivisions is a party to the proceeding. The person asserting such a claim or defense may obtain appropriate relief, including relief against the state of Montana or its political subdivisions. Appropriate relief includes but is not limited to injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.
Mont. Code Ann. § 27-1-720 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-720
27-1-720 Liability -- defect in design of firearms or ammunition
Status: in_force

27-1-720 . Liability -- defect in design of firearms or ammunition. (1) In a products liability action, no firearm, ammunition component that was manufactured in Montana, or ammunition may be considered defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

(2) For purposes of this section:

(a) the potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design; and

(b) injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death but are proximately caused by the actual discharge of the product.

(3) The provisions of this section do not affect a products liability cause of action based upon the improper selection of design alternatives.
Mont. Code Ann. § 27-6-102 — MT Code / Title 27 / Chapter 6 / Part 1 / Section 27-6-102
27-6-102 Purpose
Status: in_force

27-6-102 . Purpose. The purpose of this chapter is to prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded.
Mont. Code Ann. § 27-28-501 — MT Code / Title 27 / Chapter 28 / Part 5 / Section 27-28-501
27-28-501 Judgment forbidding continuation of offending acts
Status: in_force

27-28-501 . Judgment forbidding continuation of offending acts. When it is found and adjudged that a corporation has offended in any matter or manner which does not work such surrender or forfeiture, misused a franchise, or exercised a power not conferred by law, judgment shall be entered that it be ousted from the continuance of such offense or the exercise of such power.
Mont. Code Ann. § 27-17-405 — MT Code / Title 27 / Chapter 17 / Part 4 / Section 27-17-405
27-17-405 Continuing liability of sureties
Status: in_force

27-17-405 . Continuing liability of sureties. Such second taking of such property, referred to in 27-17-404 , does not release or discharge the sureties on any undertaking given for the return of such property, but an action may be maintained on such undertaking and recovery thereon had unless the property shall have been actually returned in accordance with the judgment rendered.
Mont. Code Ann. § 27-25-302 — MT Code / Title 27 / Chapter 25 / Part 3 / Section 27-25-302
27-25-302 Correction of defective return
Status: in_force

27-25-302 . Correction of defective return. If the return of the writ be defective, the court or judge may order a further return to be made.
Mont. Code Ann. § 27-1-210 — MT Code / Title 27 / Chapter 1 / Part 2 / Section 27-1-210
27-1-210 Interest on torts
Status: in_force

27-1-210 . Interest on torts. (1) (a) Subject to subsection (2), in an action for recovery on an injury as defined in 27-1-106 , a prevailing claimant is entitled to interest at a rate equal to the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in any publication that may supersede it on the day judgment is entered, plus 3%, on any claim for damages awarded that are capable of being made certain by calculation, beginning from the date 30 days after the claimant presented a written statement to the opposing party or the party's agent stating the claim and how the specific sum was calculated.

(b) The rate for bank prime loans established in subsection (1)(a) must be set as of January 1 of each year and remain in effect until December 31 of each year.

(2) The interest provisions of subsection (1) do not apply to damages not capable of being made certain by calculation, including but not limited to future damages until the damages are incurred and damages for:

(a) pain and suffering;

(b) injury to credit, reputation, or financial standing;

(c) mental anguish or suffering;

(d) exemplary or punitive damages;

(e) loss of established way of life;

(f) loss of consortium; and

(g) attorney fees.

(3) The jury is to be advised by the court that the court will determine the amount of prejudgment interest due, if any, on any judgment rendered.

(4) Any payment by a party of a claim or interest on a claim as set forth in subsection (1) is not an admission of liability and may not be made known to the jury.
Mont. Code Ann. § 27-6-605 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-605
27-6-605 Decision to be filed and copies sent to parties and attorneys
Status: in_force

27-6-605 . Decision to be filed and copies sent to parties and attorneys. The decision must be communicated in writing to the parties and attorneys concerned, and a copy must be retained in the permanent files of the panel.
Mont. Code Ann. § 27-2-216 — MT Code / Title 27 / Chapter 2 / Part 2 / Section 27-2-216
27-2-216 Tort actions -- childhood sexual abuse
Status: in_force

27-2-216 . Tort actions -- childhood sexual abuse. (1) Except as provided in subsection (4), an action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse against the individual who committed the acts must be commenced:

(a) before the victim of the act of childhood sexual abuse that is alleged to have caused the injury reaches 27 years of age; or

(b) not later than 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.

(2) As used in this section, "childhood sexual abuse" means any act committed against a plaintiff who was less than 18 years of age at the time the act occurred and that would have been a violation of 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , 45-5-625 , 45-5-627 , 45-5-702 , 45-5-705 , 45-5-706 , 45-5-711 , or prior similar laws in effect at the time the act occurred.

(3) Except as provided in subsection (5), in an action for recovery of damages for liability against any entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual abuse that resulted in the injury to the plaintiff, the action must be commenced:

(a) before the victim of the act of childhood sexual abuse that is alleged to have caused the injury reaches 27 years of age; or

(b) not later than 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.

(4) A claim for damages described in subsection (1) that would otherwise be barred because the applicable statute of limitations has expired may be commenced within 1 year of May 7, 2019, if the individual who committed the act of childhood sexual abuse against the plaintiff is alive at the time the action proceeds or is commenced and:

(a) has admitted to the commission of the act of childhood sexual abuse against the plaintiff in either a written and signed statement or a statement recorded by audio or video; or

(b) (i) has made one or more statements admitting to the commission of the act of childhood sexual abuse against the plaintiff under oath or in a plea agreement; or

(ii) has been convicted of an offense listed in subsection (2) in which the plaintiff was the victim.

(5) (a) A claim for damages described in subsection (3) that would otherwise be barred because the applicable statute of limitations has expired must be revived if the court concludes that the entity against whom the action is commenced, based upon documents or admissions by employees, officers, directors, officials, volunteers, representatives, or agents of the entity, knew, had reason to know, or was otherwise on notice of any unlawful sexual conduct by an employee, officer, director, official, volunteer, representative, or agent and failed to take reasonable steps to prevent future acts of unlawful sexual conduct.

(b) A cause of action in which allegations described in subsection (5)(a) are made but that would otherwise be barred by the statute of limitations in subsection (3) may be commenced within 1 year of May 7, 2019.

(6) As used in subsection (5), "admissions" include:

(a) a criminal conviction of an employee, officer, director, official, volunteer, representative, or agent of the entity for an offense of childhood sexual abuse;

(b) a written statement;

(c) a documented or recorded oral statement; or

(d) statements made in:

(i) a plea agreement or change of plea hearing;

(ii) a trial; or

(iii) a settlement agreement.

(7) The provisions of 27-2-401 apply to this section.
Mont. Code Ann. § 27-18-401 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-401
27-18-401 Sheriff to take custody of books and evidences of title
Status: in_force

27-18-401 . Sheriff to take custody of books and evidences of title. The sheriff shall take into custody all books of account, vouchers, and other papers relating to the personal property attached and all evidences of the defendant's title to the real property attached, which the sheriff shall safely keep.
Mont. Code Ann. § 27-5-312 — MT Code / Title 27 / Chapter 5 / Part 3 / Section 27-5-312
27-5-312 Vacating an award
Status: in_force

27-5-312 . Vacating an award. (1) Upon the application of a party, the district court shall vacate an award if:

(a) the award was procured by corruption, fraud, or other undue means;

(b) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(c) the arbitrators exceeded their powers;

(d) the arbitrators refused to postpone the hearing upon sufficient cause being shown or refused to hear evidence material to the controversy or otherwise conducted the hearing, contrary to the provisions of 27-5-213 , in a manner that substantially prejudiced the rights of a party;

(e) there was no arbitration agreement and the issue was not adversely determined in proceedings under 27-5-115 and the party did not participate in the arbitration hearing without raising the objection; or

(f) a neutral arbitrator failed to make a material disclosure required by 27-5-116 . An award may be vacated because of a material noncompliance with 27-5-116 no later than 90 days following discovery of the failure to disclose.

(2) The fact that the relief could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.

(3) An application under this section must be made within 90 days after delivery of a copy of the award to the applicant, except that if it is predicated upon corruption, fraud, or other undue means, it must be made within 90 days after the grounds are known or should have been known.

(4) In vacating the award on grounds other than those stated in subsection (1)(e), the court may order a rehearing before new arbitrators chosen as provided in the agreement or, if the agreement does not provide a method of selection, by the court in accordance with 27-5-211 or, if the award is vacated on grounds set forth in subsection (1)(c) or (1)(d), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with 27-5-211 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences on the date of the order for rehearing.

(5) If the application to vacate is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
Mont. Code Ann. § 27-28-202 — MT Code / Title 27 / Chapter 28 / Part 2 / Section 27-28-202
27-28-202 Summons -- complaint filed without leave
Status: in_force

27-28-202 . Summons -- complaint filed without leave. When the complaint is filed without leave and notice, a summons shall issue and be served as in other cases.
Mont. Code Ann. § 27-16-301 — MT Code / Title 27 / Chapter 16 / Part 3 / Section 27-16-301
27-16-301 Proceedings to vacate order or reduce bail
Status: in_force

27-16-301 . Proceedings to vacate order or reduce bail. A defendant arrested may, at any time before justification of bail, apply to the judge who made the order or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.
Mont. Code Ann. § 27-34-112 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-112
27-34-112 Uniformity of application and construction
Status: in_force

27-34-112 . Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 27-1-749 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-749
27-1-749 Inspections and inspection certification -- qualified inspectors -- fees
Status: in_force

27-1-749 . Inspections and inspection certification -- qualified inspectors -- fees. (1) All amusement rides must be inspected by a qualified inspector at least once every 12 months, measured from the date the previous inspection certificate was issued.

(2) An amusement ride may not be operated for the public if a qualified inspector has not issued an inspection certificate. A qualified inspector who determines that a ride is unsafe for public use shall immediately notify the operator of the unsafe condition. A qualified inspector may not issue an inspection certificate for the ride until the unsafe condition has been corrected to the satisfaction of the qualified inspector.

(3) Before a passenger may be admitted to an amusement ride that has undergone a major modification, the ride must be inspected by a qualified inspector.

(4) After completing a satisfactory inspection, a qualified inspector shall issue an inspection certificate to the operator of the amusement ride certifying that the ride is safe for public use. The certificate must show compliance with one or both of the following standards, as adopted by ASTM international:

(a) ASTM F770-22, also known as the Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices;

(b) ASTM F2376-22, also known as the Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.

(5) An inspection certificate issued by a qualified inspector pursuant to the laws of a foreign jurisdiction under standards substantially equivalent to the standards of this state must satisfy the requirements of subsection (1).

(6) Fees for annual inspections must be determined by the qualified inspector and paid by the operator of the amusement ride.
Mont. Code Ann. § 27-6-403 — MT Code / Title 27 / Chapter 6 / Part 4 / Section 27-6-403
27-6-403 Panel in cases involving multiple defendants
Status: in_force

27-6-403 . Panel in cases involving multiple defendants. Whenever there are multiple defendants, the case against each health care provider 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 parties defendant.
Mont. Code Ann. § 27-34-107 — MT Code / Title 27 / Chapter 34 / Part 1 / Section 27-34-107
27-34-107 Dismissal of cause of action in whole or in part
Status: in_force

27-34-107 . Dismissal of cause of action in whole or in part. (1) In ruling on a motion under 27-34-103 , the court shall dismiss with prejudice a civil action, or part of a civil action, if:

(a) the moving party establishes under 27-34-102 (1) that the act applies;

(b) the responding party fails to establish under 27-34-102 (2) that this chapter does not apply; and

(c) either:

(i) the responding party fails to establish a prima facie case as to each essential element of the civil action; or

(ii) the moving party establishes that:

(A) the responding party failed to state a claim upon which relief can be granted; or

(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the civil action or part of the civil action.

(2) A voluntary dismissal without prejudice of a responding party's civil action, or part of a civil action, that is the subject of a motion under 27-34-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under 27-34-110 .

(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under 27-34-103 establishes for the purpose of 27-34-110 that the moving party prevailed on the motion.
Mont. Code Ann. § 27-1-431 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-431
27-1-431 Judgment for possession of or title to real property
Status: in_force

27-1-431 . Judgment for possession of or title to real property. A person entitled to specific real property, by reason either of a perfected title or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by this code, either by a judgment for its possession to be executed by the sheriff or by a judgment requiring the other party to perfect the title and to deliver possession of the property.
Mont. Code Ann. § 27-16-405 — MT Code / Title 27 / Chapter 16 / Part 4 / Section 27-16-405
27-16-405 Notice of justification of sureties -- new undertaking
Status: in_force

27-16-405 . Notice of justification of sureties -- new undertaking. Within 5 days after receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff's attorney notice of the justification of the same or other bail, specifying the place of residence and occupation of the attorney, before a judge of the court or clerk of the court, at a specified time and place, not to be less than 5 or more than 10 days after the notice of the justification, except with consent of parties. If other bail is given, there must be a new undertaking.
Mont. Code Ann. § 27-18-712 — MT Code / Title 27 / Chapter 18 / Part 7 / Section 27-18-712
27-18-712 Use of affidavits to support or oppose motion
Status: in_force

27-18-712 . Use of affidavits to support or oppose motion. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was made.
Mont. Code Ann. § 27-16-208 — MT Code / Title 27 / Chapter 16 / Part 2 / Section 27-16-208
27-16-208 Execution of order -- prepayment of expense by plaintiff
Status: in_force

27-16-208 . Execution of order -- prepayment of expense by plaintiff. The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. However, the sheriff is not bound to keep the defendant under arrest more than 24 hours unless the plaintiff advances each day the expense of keeping the defendant. The expenses must be taxed as costs in the action and may not be a charge against the county.
Mont. Code Ann. § 27-12-702 — MT Code / Title 27 / Chapter 12 / Part 7 / Section 27-12-702
27-12-702 Records of proceedings -- confidentiality
Status: in_force

27-12-702 . Records of proceedings -- confidentiality. The director shall maintain records of all proceedings before the panel. The record must include the nature of the act or omission complained of, a brief summary of the evidence, the decision of the panel, and any majority or dissenting opinions filed. Records that identify a party to the proceedings may not be made public, are not subject to subpoena, and may be used only to compile statistical data and facilitate studies of medical malpractice in Montana.
Mont. Code Ann. § 27-2-403 — MT Code / Title 27 / Chapter 2 / Part 4 / Section 27-2-403
27-2-403 Actions involving aliens in time of war
Status: in_force

27-2-403 . Actions involving aliens in time of war. When a person is an alien subject or a citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.
Mont. Code Ann. § 27-6-205 — MT Code / Title 27 / Chapter 6 / Part 2 / Section 27-6-205
27-6-205 Powers of panel
Status: in_force

27-6-205 . Powers of panel. The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required by this chapter, the issuance of subpoenas in connection with the administration of this chapter, and the performance of all other acts required to fairly and effectively administer this chapter.
Mont. Code Ann. § 27-18-410 — MT Code / Title 27 / Chapter 18 / Part 4 / Section 27-18-410
27-18-410 Corporate stock -- service on secretary of state
Status: in_force

27-18-410 . Corporate stock -- service on secretary of state. In addition to the method prescribed in 27-18-409 for attaching stock or shares or interest in the stock of any corporation or company, if the president or other head of the corporation or company or the secretary, cashier, or other managing agent of the corporation or company does not live in or cannot be found in Montana and an affidavit is filed in the office of the clerk of the court in which the action is pending setting forth that the officer or agent does not live in or cannot be found in Montana, the clerk shall make an order directing the writ to be served upon the secretary of state of Montana or, in the secretary of state's absence, upon the deputy secretary of state. When the order has been made, the writ of attachment must be served upon the secretary of state or deputy secretary of state by leaving with the secretary or the deputy a copy of the writ and a notice that the stock or shares or interest in the stock or shares of the corporation or company belonging to the defendant is attached in pursuance of the writ.
Mont. Code Ann. § 27-5-111 — MT Code / Title 27 / Chapter 5 / Part 1 / Section 27-5-111
27-5-111 Short title
Status: in_force

27-5-111 . Short title. This chapter may be cited as the "Uniform Arbitration Act".
Mont. Code Ann. § 27-1-415 — MT Code / Title 27 / Chapter 1 / Part 4 / Section 27-1-415
27-1-415 Parties who cannot be compelled to perform
Status: in_force

27-1-415 . Parties who cannot be compelled to perform. Specific performance cannot be enforced against a party to a contract in any of the following cases:

(1) if the party has not received an adequate consideration for the contract;

(2) if it is not, as to the party, just and reasonable;

(3) if the party's assent was obtained by the misrepresentations, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of the party that has not been substantially fulfilled; or

(4) if the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for and the contract specifically enforced in other respects if proper to be so enforced.
Mont. Code Ann. § 27-1-732 — MT Code / Title 27 / Chapter 1 / Part 7 / Section 27-1-732
27-1-732 Immunity of nonprofit corporation officers, directors, and volunteers
Status: in_force

27-1-732 . Immunity of nonprofit corporation officers, directors, and volunteers. (1) An officer, director, or volunteer of a nonprofit corporation is not individually liable for any action or omission made in the course and scope of the officer's, director's, or volunteer's official capacity on behalf of the nonprofit corporation. This section does not apply to liability for willful or wanton misconduct. The immunity granted by this section does not apply to the liability of a nonprofit corporation.

(2) For purposes of this section, "nonprofit corporation" means:

(a) an organization exempt from taxation under section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended; or

(b) a corporation or organization that is eligible for or has been granted tax-exempt status by the department of revenue under the provisions of 15-31-102 .
Mont. Code Ann. § 27-18-207 — MT Code / Title 27 / Chapter 18 / Part 2 / Section 27-18-207
27-18-207 Alias writs
Status: in_force

27-18-207 . Alias writs. Whenever a writ of attachment has been lost or whenever it appears from the sheriff's return of the writ that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for any reason, the levy of the original writ is void or ineffective, the clerk of the court, upon written demand of the plaintiff or the plaintiff's attorney, shall issue an alias writ in the same form as the original. However, an alias writ may not be issued in an action after the commencement of the trial. A new or additional affidavit or undertaking on attachment may not be required for the issuance of an alias writ. Alias writs of attachment may be issued to the sheriffs of different counties.
Mont. Code Ann. § 27-6-603 — MT Code / Title 27 / Chapter 6 / Part 6 / Section 27-6-603
27-6-603 Deliberations to be secret -- voting
Status: in_force

27-6-603 . Deliberations to be secret -- voting. The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of those voting members of the panel who sat on the entire case.
Mont. Code Ann. § 27-16-102 — MT Code / Title 27 / Chapter 16 / Part 1 / Section 27-16-102
27-16-102 When defendant may be arrested
Status: in_force

27-16-102 . When defendant may be arrested. The defendant may be arrested in the following cases:

(1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud the defendant's creditors;

(2) in an action for willful injury to person or character or to property that the defendant knew belonged to another;

(3) in an action:

(a) for a fine or penalty or for money or property fraudulently misapplied or converted to the defendant's own use by a public officer, an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of employment, or by any other person in a fiduciary capacity;

(b) for misconduct or neglect in office or in a professional employment; or

(c) for a willful violation of duty;

(4) in an action to recover possession of personal property unjustly obtained, when the property or any part thereof has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff;

(5) when the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought;

(6) when the defendant has removed or disposed of the defendant's property or is about to do so with intent to defraud the defendant's creditors.