reglab/housing_qa huggingface dataset:
MT Code § 25-4-101 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-101. Motions and orders -- where made

  25-4-101. Motions and orders -- where made. (1) Motions must be made in the county in which the action is brought or in any adjoining county in the same district. In the absence of the judge of the district from the district or in an action pending in which the judge is disqualified to act, a motion may be made before the judge of any adjoining district unless there is another judge in the same district who is not disqualified to act. In that case, a motion must be made before another judge in the same district.   (2) Orders made out of court may be made by the judge of the court in any part of the state.   History: En. Sec. 418, p. 128, Bannack Stat.; re-en. Sec. 487, p. 231, L. 1867; amd. Sec. 567, p. 151, Cod. Stat. 1871; amd. Sec. 470, p. 166, L. 1877; re-en. Sec. 470, 1st Div. Rev. Stat. 1879; re-en. Sec. 483, 1st Div. Comp. Stat. 1887; re-en. Sec. 1821, C. Civ. Proc. 1895; re-en. Sec. 7140, Rev. C. 1907; re-en. Sec. 9773, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1004; re-en. Sec. 9773, R.C.M. 1935; R.C.M. 1947, 93-8402; amd. Sec. 88, Ch. 575, L. 1981; amd. Sec. 389, Ch. 56, L. 2009.
MT Code § 25-4-102 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-102. Transfer when judge unable to hear motion or return of order

  25-4-102. Transfer when judge unable to hear motion or return of order. When a notice of motion is given or an order to show cause is made returnable before a judge out of court and, at the time fixed for the motion or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by the judge's order to some other judge.   History: En. Sec. 420, p. 129, Bannack Stat.; re-en. Sec. 489, p. 231, L. 1867; re-en. Sec. 569, p. 152, Cod. Stat. 1871; re-en. Sec. 472, p. 166, L. 1877; re-en. Sec. 472, 1st Div. Rev. Stat. 1879; re-en. Sec. 485, 1st Div. Comp. Stat. 1887; amd. Sec. 1823, C. Civ. Proc. 1895; re-en. Sec. 7142, Rev. C. 1907; re-en. Sec. 9775, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1006; re-en. Sec. 9775, R.C.M. 1935; R.C.M. 1947, 93-8404; amd. Sec. 390, Ch. 56, L. 2009.
MT Code § 25-4-103 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-103. Vacating or modifying order made without notice

  25-4-103. Vacating or modifying order made without notice. An order made out of court without notice to the adverse party may be vacated or modified, without notice, by the judge who made it, or it may be vacated or modified on notice in the manner in which other motions are made.   History: En. Sec. 249, p. 94, Bannack Stat.; re-en. Sec. 318, p. 199, L. 1867; re-en. Sec. 367, p. 107, Cod. Stat. 1871; re-en. Sec. 406, p. 149, L. 1877; re-en. Sec. 406, 1st Div. Rev. Stat. 1879; re-en. Sec. 419, 1st Div. Comp. Stat. 1887; re-en. Sec. 1824, C. Civ. Proc. 1895; re-en. Sec. 7143, Rev. C. 1907; re-en. Sec. 9776, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 937; re-en. Sec. 9776, R.C.M. 1935; R.C.M. 1947, 93-8405.
MT Code § 25-4-104 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-104. through 25-4-110 reserved

  25-4-104 through 25-4-110 reserved.
MT Code § 25-4-111 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-111. Lost papers

  25-4-111. Lost papers. If an original pleading or paper be lost, the court may authorize a copy thereof to be filed and used instead of the original.   History: En. Sec. 1891, C. Civ. Proc. 1895; re-en. Sec. 7184, Rev. C. 1907; re-en. Sec. 9817, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1045; re-en. Sec. 9817, R.C.M. 1935; R.C.M. 1947, 93-8702.
MT Code § 25-4-112 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 1. General Provisions|25-4-112. Papers with technical defects

  25-4-112. Papers with technical defects. An affidavit, notice, or other paper without the title of the action or proceeding in which it is made or with a defective title is as valid and effectual for any purpose as if duly entitled if it intelligibly refers to such action or proceeding.   History: En. Sec. 424, p. 129, Bannack Stat.; re-en. Sec. 502, p. 233, L. 1867; re-en. Sec. 579, p. 153, Cod. Stat. 1871; re-en. Sec. 520, p. 177, L. 1877; re-en. Sec. 520, 1st Div. Rev. Stat. 1879; re-en. Sec. 537, 1st Div. Comp. Stat. 1887; re-en. Sec. 1892, C. Civ. Proc. 1895; re-en. Sec. 7185, Rev. C. 1907; re-en. Sec. 9818, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1046; re-en. Sec. 9818, R.C.M. 1935; R.C.M. 1947, 93-8703.
MT Code § 25-4-201 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 2. Pleadings in General|25-4-201. Description of real property in complaint

  25-4-201. Description of real property in complaint. In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it.   History: En. Sec. 100, p. 64, L. 1877; re-en. Sec. 100, 1st Div. Rev. Stat. 1879; re-en. Sec. 102, 1st Div. Comp. Stat. 1887; re-en. Sec. 744, C. Civ. Proc. 1895; re-en. Sec. 6570, Rev. C. 1907; re-en. Sec. 9168, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 455; re-en. Sec. 9168, R.C.M. 1935; R.C.M. 1947, 93-3805.
MT Code § 25-4-202 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 2. Pleadings in General|25-4-202. Copy of written instrument in pleading

  25-4-202. Copy of written instrument in pleading. The insertion in a pleading of a copy of a written instrument is equivalent to setting forth the instrument according to its legal effect.   History: En. Sec. 748, C. Civ. Proc. 1895; re-en. Sec. 6574, Rev. C. 1907; re-en. Sec. 9172, R.C.M. 1921; re-en. Sec. 9172, R.C.M. 1935; R.C.M. 1947, 93-3809.
MT Code § 25-4-203 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 2. Pleadings in General|25-4-203. Verification of pleadings

  25-4-203. Verification of pleadings. (1) In any case in which a verification by affidavit is required, except as otherwise specifically provided, the verification by affidavit must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters stated in the affidavit on information and belief, and that as to those the deponent believes it to be true. The verification must be made by the party or, if there are several parties united in interest or pleading, by at least one of the parties acquainted with the facts if the party is in the county and capable of making the verification. The verification may also be made by the agent or attorney of the party if the party is absent from the county in which the attorney resides or if, for any other cause, the party is unable to verify the pleading. In that case, the verification must state that the deponent is the agent or attorney of the party, the reason why the verification is made by the agent or attorney, and that the matters stated in the pleadings are true to the best knowledge, information, and belief of the agent or attorney.   (2) When a corporation is a party, the verification may be made by any officer of the corporation and must state the office of the officer and that the matters stated in the verification are true to the best knowledge, information, and belief of the officer. If there is no officer of the corporation within the county, the verification may be made by the corporation's attorney.   History: En. Sec. 55, p. 144, L. 1867; amd. Sec. 9, p. 64, L. 1869; amd. Sec. 63, p. 39, Cod. Stat. 1871; re-en. Sec. 94, p. 62, L. 1877; re-en. Sec. 94, 1st Div. Rev. Stat. 1879; re-en. Sec. 96, 1st Div. Comp. Stat. 1887; en. Sec. 731, C. Civ. Proc. 1895; re-en. Sec. 6565, Rev. C. 1907; re-en. Sec. 9163, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 446; re-en. Sec. 9163, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1963; R.C.M. 1947, 93-3702; amd. Sec. 391, Ch. 56, L. 2009; amd. Sec. 3, Ch. 238, L. 2011.
MT Code § 25-4-204 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 2. Pleadings in General|25-4-204. Time for amendment or reply after motion on pleading

  25-4-204. Time for amendment or reply after motion on pleading. When a motion concerning a pleading is sustained or overruled and time to amend, answer, or reply is given, the time so given runs from service of notice of the decision or order, except when the party against whom the decision is made is in court. In such case the time runs from the making of the decision or order.   History: En. Sec. 779, C. Civ. Proc. 1895; re-en. Sec. 6594, Rev. C. 1907; re-en. Sec. 9192, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 476; re-en. Sec. 9192, R.C.M. 1935; amd. Sec. 2, Ch. 8, L. 1937; R.C.M. 1947, 93-3910; amd. Sec. 89, Ch. 575, L. 1981.
MT Code § 25-4-301 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-301. Pleading statute of limitations

  25-4-301. Pleading statute of limitations. In pleading the statute of limitations, it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section .... (giving the number of the section and subsection thereof, if it is so divided, relied upon). If such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.   History: En. Sec. 103, p. 64, L. 1877; re-en. Sec. 103, 1st Div. Rev. Stat. 1879; re-en. Sec. 105, 1st Div. Comp. Stat. 1887; re-en. Sec. 749, C. Civ. Proc. 1895; re-en. Sec. 6575, Rev. C. 1907; re-en. Sec. 9173, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 458; re-en. Sec. 9173, R.C.M. 1935; R.C.M. 1947, 93-3810.
MT Code § 25-4-302 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-302. Pleading an account

  25-4-302. Pleading an account. It is not necessary for a party to set forth in a pleading the items of an account alleged in the pleading, but the party shall deliver to the adverse party, within 5 days or additional time that the court may allow or may be agreed to by the parties, after a demand in writing, a copy of the account or be precluded from giving evidence of the account. The court or judge may order a further account when the one delivered is too general or is defective in any particular.   History: En. Sec. 55, p. 53, Bannack Stat.; amd. Sec. 56, p. 145, L. 1867; re-en. Sec. 64, p. 40, Cod. Stat. 1871; re-en. Sec. 99, p. 64, L. 1877; re-en. Sec. 99, 1st Div. Rev. Stat. 1879; re-en. Sec. 101, 1st Div. Comp. Stat. 1887; amd. Sec. 743, C. Civ. Proc. 1895; re-en. Sec. 6569, Rev. C. 1907; re-en. Sec. 9167, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 454; re-en. Sec. 9167, R.C.M. 1935; R.C.M. 1947, 93-3804; amd. Sec. 392, Ch. 56, L. 2009.
MT Code § 25-4-303 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-303. True value of property -- action for taking

  25-4-303. True value of property -- action for taking. When, in an action to recover the possession of personal property, the person making any affidavit did not truly state the value of the property and the officer taking the property or the sureties on any bond or undertaking are sued for taking the same, the officer or sureties may, in their answer, set up the true value of the property and that the person in whose behalf said affidavit was made was entitled to the possession of the same when said affidavit was made or that the value in the affidavit stated was inserted by mistake, whereupon the court must disregard the value as stated in the affidavit.   History: En. Sec. 115, p. 67, L. 1877; re-en. Sec. 115, 1st Div. Rev. Stat. 1879; re-en. Sec. 117, 1st Div. Comp. Stat. 1887; amd. Sec. 775, C. Civ. Proc. 1895; re-en. Sec. 6590, Rev. C. 1907; re-en. Sec. 9188, R.C.M. 1921; re-en. Sec. 9188, R.C.M. 1935; R.C.M. 1947, 93-3906.
MT Code § 25-4-304 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-304. through 25-4-310 reserved

  25-4-304 through 25-4-310 reserved.
MT Code § 25-4-311 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-311. Damages for personal injury or wrongful death not to be stated

  25-4-311. Damages for personal injury or wrongful death not to be stated. In an action for the recovery of money or damages for personal injury or wrongful death, the amount thereof may not be stated in the claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim.   History: En. 93-2721 by Sec. 1, Ch. 525, L. 1977; R.C.M. 1947, 93-2721.
MT Code § 25-4-312 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-312. Request for statement of damages -- response

  25-4-312. Request for statement of damages -- response. When an action is filed in the district court to recover damages for personal injury or wrongful death, the parties against whom the action is brought may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be filed and served upon the claimant, who shall file and serve a responsive statement as to damages within 15 days thereafter. In the event that a response is not served, the party, on notice to the claimant, may petition the court in which the action is pending to order the claimant to serve a responsive statement.   History: En. 93-2722 by Sec. 2, Ch. 525, L. 1977; R.C.M. 1947, 93-2722.
MT Code § 25-4-313 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-313. Notice to defendant when no request for statement

  25-4-313. Notice to defendant when no request for statement. If no request is made for such a statement setting forth the nature and amount of damages being sought, the claimant shall give notice to the defendant of the amount of special and general damages sought to be recovered:   (1) before a default may be taken; or   (2) in the event an answer is filed, at least 45 days prior to the date set for the trial.   History: En. 93-2723 by Sec. 3, Ch. 525, L. 1977; R.C.M. 1947, 93-2723.
MT Code § 25-4-314 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 3. Pleading Special Matters|25-4-314. Permissive delivery of statement with summons

  25-4-314. Permissive delivery of statement with summons. A copy of the statement setting forth the nature and amount of damages being sought may be delivered to the defendant at the time of service of the summons and complaint but may not be filed for 20 days after the complaint is filed.   History: En. 93-2724 by Sec. 4, Ch. 525, L. 1977; R.C.M. 1947, 93-2724.
MT Code § 25-4-401 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 4. Counterclaim and Cross-Claim|25-4-401. Counterclaim by person sued in representative capacity

  25-4-401. Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.   History: En. Sec. 695, C. Civ. Proc. 1895; re-en. Sec. 6545, Rev. C. 1907; re-en. Sec. 9142, R.C.M. 1921; re-en. Sec. 9142, R.C.M. 1935; R.C.M. 1947, 93-3406; amd. Sec. 393, Ch. 56, L. 2009.
MT Code § 25-4-402 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 4. Counterclaim and Cross-Claim|25-4-402. Counterclaim against person suing in representative capacity

  25-4-402. Counterclaim against person suing in representative capacity. In an action brought by an executor or administrator in a representative capacity, a demand against the decedent belonging at the time of the decedent's death to the defendant may be set forth by the defendant as a counterclaim as if the action had been brought by the decedent in the decedent's lifetime. If a balance is found to be due to the defendant, judgment must be rendered for the balance against the plaintiff in the representative capacity. Execution can be issued upon the judgment only in a case in which it could be issued upon a judgment in an action against the executor or administrator.   History: En. Sec. 696, C. Civ. Proc. 1895; re-en. Sec. 6546, Rev. C. 1907; re-en. Sec. 9143, R.C.M. 1921; re-en. Sec. 9143, R.C.M. 1935; R.C.M. 1947, 93-3407; amd. Sec. 394, Ch. 56, L. 2009.
MT Code § 25-4-403 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 4. Counterclaim and Cross-Claim|25-4-403. Counterclaim in action on contract

  25-4-403. Counterclaim in action on contract. A counterclaim on a contract is subject to the following rules:   (1) Except as otherwise provided by the Uniform Commercial Code, if the action is founded upon a contract that has been assigned by the party to the contract, a demand existing against the party to the contract or an assignee of the contract at the time of the assignment and belonging to the defendant, in good faith, before notice of the assignment must be allowed as a counterclaim to the amount of the plaintiff's demand if it might have been allowed against the party or the assignee while the contract belonged to the party or the assignee.   (2) If the plaintiff is a trustee for another or if the action is in the name of the plaintiff who has no actual interest in the contract upon which it is founded, a demand against the plaintiff may not be allowed as a counterclaim, but so much of a demand existing against the person whom the plaintiff represents or for whose benefit the action is brought as will satisfy the plaintiff's demand must be allowed as a counterclaim if it might have been allowed in an action brought by the person beneficially interested.   History: En. Sec. 692, C. Civ. Proc. 1895; re-en. Sec. 6542, Rev. C. 1907; re-en. Sec. 9139, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 438; re-en. Sec. 9139, R.C.M. 1935; amd. Sec. 11-158, Ch. 264, L. 1963; R.C.M. 1947, 93-3403; amd. Sec. 395, Ch. 56, L. 2009.
MT Code § 25-4-404 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 4. Counterclaim and Cross-Claim|25-4-404. Cross-claim to be asserted in answer

  25-4-404. Cross-claim to be asserted in answer. When the judgment may determine the ultimate rights of two or more defendants as between themselves, a defendant who requires a determination shall demand it in the answer. The controversy between the defendants may not delay a judgment to which the plaintiff is entitled unless the court otherwise directs.   History: En. Sec. 753, C. Civ. Proc. 1895; re-en. Sec. 6579, Rev. C. 1907; re-en. Sec. 9177, R.C.M. 1921; re-en. Sec. 9177, R.C.M. 1935; R.C.M. 1947, 93-3814; amd. Sec. 396, Ch. 56, L. 2009.
MT Code § 25-4-501 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 5. Motion to Postpone Trial|25-4-501. Motion to postpone trial for absence of testimony

  25-4-501. Motion to postpone trial for absence of testimony. A motion to postpone a trial on grounds of the absence of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to procure it.   History: En. Sec. 130, p. 69, Bannack Stat.; re-en. Sec. 158, p. 163, L. 1867; en. Sec. 194, p. 65, Cod. Stat. 1871; re-en. Sec. 244, p. 98, L. 1877; re-en. Sec. 244, 1st Div. Rev. Stat. 1879; re-en. Sec. 253, 1st Div. Comp. Stat. 1887; re-en. Sec. 1039, C. Civ. Proc. 1895; re-en. Sec. 6729, Rev. C. 1907; re-en. Sec. 9332, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 595; re-en. Sec. 9332, R.C.M. 1935; R.C.M. 1947, 93-4910(part).
MT Code § 25-4-502 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 5. Motion to Postpone Trial|25-4-502. No postponement when expected evidence admitted

  25-4-502. No postponement when expected evidence admitted. The court may also require the moving party to state, upon affidavit, the evidence that the party expects to obtain, and if the adverse party admits that the evidence would be given and that it be considered as actually given on the trial or offered and overruled as improper, the trial may not be postponed.   History: En. Sec. 130, p. 69, Bannack Stat.; re-en. Sec. 158, p. 163, L. 1867; en. Sec. 194, p. 65, Cod. Stat. 1871; re-en. Sec. 244, p. 98, L. 1877; re-en. Sec. 244, 1st Div. Rev. Stat. 1879; re-en. Sec. 253, 1st Div. Comp. Stat. 1887; re-en. Sec. 1039, C. Civ. Proc. 1895; re-en. Sec. 6729, Rev. C. 1907; re-en. Sec. 9332, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 595; re-en. Sec. 9332, R.C.M. 1935; R.C.M. 1947, 93-4910(part); amd. Sec. 397, Ch. 56, L. 2009.
MT Code § 25-4-503 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 5. Motion to Postpone Trial|25-4-503. Postponement on other grounds

  25-4-503. Postponement on other grounds. Upon good cause shown and in furtherance of justice, the court may, in its discretion, postpone a trial or proceeding upon other grounds than the absence of evidence under such conditions as the court may direct.   History: En. Sec. 130, p. 69, Bannack Stat.; re-en. Sec. 158, p. 163, L. 1867; en. Sec. 194, p. 65, Cod. Stat. 1871; re-en. Sec. 244, p. 98, L. 1877; re-en. Sec. 244, 1st Div. Rev. Stat. 1879; re-en. Sec. 253, 1st Div. Comp. Stat. 1887; re-en. Sec. 1039, C. Civ. Proc. 1895; re-en. Sec. 6729, Rev. C. 1907; re-en. Sec. 9332, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 595; re-en. Sec. 9332, R.C.M. 1935; R.C.M. 1947, 93-4910(part); amd. Sec. 90, Ch. 575, L. 1981.
MT Code § 25-4-504 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 4. Pleadings, Motions, and Other Papers|Part 5. Motion to Postpone Trial|25-4-504. Depositions of witnesses upon postponement

  25-4-504. Depositions of witnesses upon postponement. The party obtaining a postponement of a trial in any court of record must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance be then taken by deposition before a judge or clerk of the court in which the case is pending or before such notary public as the court may indicate, which must accordingly be done, and the testimony so taken may be read on the trial with the same effect and subject to the same objections as if the witnesses were produced.   History: En. Sec. 447, p. 133, Bannack Stat.; re-en. Sec. 604, p. 158, Cod. Stat. 1871; re-en. Sec. 245, p. 99, L. 1877; re-en. Sec. 245, 1st Div. Rev. Stat. 1879; re-en. Sec. 254, 1st Div. Comp. Stat. 1887; amd. Sec. 1040, C. Civ. Proc. 1895; re-en. Sec. 6730, Rev. C. 1907; re-en. Sec. 9333, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 596; re-en. Sec. 9333, R.C.M. 1935; R.C.M. 1947, 93-4911.