reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 7. Sale on Execution › 25-13-711. Real property -- certificate of sale

25-13-711. Real property -- certificate of sale.
(1) Upon a sale of real property, the officer must give to the purchaser a certificate of sale, containing:
(a) a particular description of the property sold;
(b) the price bid for each distinct lot or parcel;
(c) the whole price paid;
(d) when subject to redemption, a statement to that effect.
(2) A duplicate of such certificate must be filed by the officer in the office of the county clerk.
History: En. Sec. 229, p. 181, L. 1867; re-en. Sec. 279, p. 87, Cod. Stat. 1871; re-en. Sec. 329, p. 128, L. 1877; re-en. Sec. 329, 1st Div. Rev. Stat. 1879; re-en. Sec. 340, 1st Div. Comp. Stat. 1887; re-en. Sec. 1233, C. Civ. Proc. 1895; re-en. Sec. 6836, Rev. C. 1907; re-en. Sec. 9441, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 700; re-en. Sec. 9441, R.C.M. 1935; R.C.M. 1947, 93-5833(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 7. Sale on Execution › 25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement

25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement.
(1) When the property taken under 25-13-505 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:
(a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and
(b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.
(2) In the event the property is sold under execution, such creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.
History: En. Sec. 1, Ch. 111, L. 1921; re-en. Sec. 9291, R.C.M. 1921; re-en. Sec. 9291, R.C.M. 1935; amd. Sec. 11-162, Ch. 264, L. 1963; R.C.M. 1947, 93-4338(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 7. Sale on Execution › 25-13-713. Procedure when sale invalidated -- revival of judgment

25-13-713. Procedure when sale invalidated -- revival of judgment.
(1) If the purchaser of real property sold on execution or the purchaser's successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the purchaser may recover the price paid, with interest, from the judgment creditor.
(2) If the purchaser of property at a sheriff's sale or the purchaser's successor in interest fails to recover possession because of irregularity in the proceedings concerning the sale or because the property sold was not subject to execution and sale, the court having jurisdiction shall, on petition of the party in interest or the party's attorney, revive the original judgment for the amount paid by the purchaser at the sale, with interest on the judgment from the time of payment at the same rate that the original judgment bore. When revived, the judgment has the same effect as an original judgment of the court of that date, bearing interest as provided in this subsection. Any other or after-acquired property, rents, issues, or profits of the debtor is subject to levy and sale under execution in satisfaction of the debt. However, property of the debtor sold bona fide before the filing of the petition is not subject to the lien of the judgment. The notice of the filing of the petition must be made by filing a notice in the office of the county clerk where the property is situated, and the judgment must be revived in the name of the original plaintiff or plaintiffs for the use of the petitioner, the party in interest.
History: En. Sec. 237, p. 183, L. 1867; re-en. Sec. 286, p. 89, Cod. Stat. 1871; re-en. Sec. 336, p. 132, L. 1877; re-en. Sec. 336, 1st Div. Rev. Stat. 1879; re-en. Sec. 347, 1st Div. Comp. Stat. 1887; re-en. Sec. 1241, C. Civ. Proc. 1895; re-en. Sec. 6844, Rev. C. 1907; re-en. Sec. 9450, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 708; re-en. Sec. 9450, R.C.M. 1935; R.C.M. 1947, 93-5842; amd. Sec. 454, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 7. Sale on Execution › 25-13-714. Validation of defective judicial sales

25-13-714. Validation of defective judicial sales.
All judicial sales of real property prior to January 1, 1973, provided no action is pending on July 1, 1973, to set such sale aside, where made in this state on proceedings to satisfy valid judgments or decrees of any court and the moneys bidden thereon paid to the officer making such sale, shall be valid and sufficient in law to sustain a sheriff's deed based on such sale and, when no such deed has been executed, shall entitle such purchaser to such deed; and such deed, if now or when executed, shall be sufficient to convey all the title of the judgment debtor at the time of such sale in the premises so sold to the purchaser at said sale, and all defects or irregularities in the issuance of execution, the manner of making or conducting the sale, or the recitals or references in such deed shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.
History: En. Sec. 1, Ch. 80, L. 1973; R.C.M. 1947, 93-5846.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-801. Who may redeem -- definition

25-13-801. Who may redeem -- definition.
(1) Property sold subject to redemption, as provided by 25-13-710, or any part sold separately may be redeemed in the manner provided in this part by the following persons or their successors in interest:
(a) the judgment debtor, the judgment debtor's spouse, or the judgment debtor's successor in interest in the whole or any part of the property and, if the judgment debtor or successor is a corporation, a stockholder of the corporation;
(b) a creditor having a lien by judgment, mortgage, or attachment on the property sold or on some share or part of the property subsequent to that on which the property is sold. If a corporation is the creditor, then any stockholder of the corporation may redeem.
(2) The persons mentioned in subsection (1)(b) are, in this part, termed "redemptioners".
History: En. Sec. 230, p. 181, L. 1867; re-en. Sec. 280, p. 87, Cod. Stat. 1871; re-en. Sec. 330, p. 129, L. 1877; re-en. Sec. 330, 1st Div. Rev. Stat. 1879; re-en. Sec. 341, 1st Div. Comp. Stat. 1887; amd. Sec. 1234, C. Civ. Proc. 1895; re-en. Sec. 6837, Rev. C. 1907; amd. Sec. 1, Ch. 107, L. 1913; re-en. Sec. 9442, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 701; amd. Sec. 1, Ch. 16, L. 1927; re-en. Sec. 9442, R.C.M. 1935; amd. Sec. 55, Ch. 535, L. 1975; R.C.M. 1947, 93-5834; amd. Sec. 455, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-802. Time for redemption -- amount to be paid

25-13-802. Time for redemption -- amount to be paid.
The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser:
(1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, up to the time of redemption;
(2) the amount of any assessment or taxes that the purchaser may have paid on the property after purchase and interest on that amount;
(3) the amount of any repairs, maintenance expenses, or other expenditures that the purchaser may reasonably have made after purchase for the maintenance of the property, with interest on the amounts from the date of expenditure; and
(4) if the purchaser is also a creditor having a prior lien to that of the redemptioner other than the judgment under which the purchase was made, the amount of the lien with interest.
History: En. Sec. 231, p. 181, L. 1867; re-en. Sec. 281, p. 88, Cod. Stat. 1871; amd. Sec. 331, p. 129, L. 1877; re-en. Sec. 331, 1st Div. Rev. Stat. 1879; re-en. Sec. 342, 1st Div. Comp. Stat. 1887; amd. Sec. 1235, C. Civ. Proc. 1895; re-en. Sec. 6838, Rev. C. 1907; re-en. Sec. 9443, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 702; re-en. Sec. 9443, R.C.M. 1935; amd. Sec. 1, Ch. 103, L. 1937; R.C.M. 1947, 93-5835; amd. Sec. 1, Ch. 503, L. 1991; amd. Sec. 456, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-803. Subsequent redemptions -- when permitted -- amount paid

25-13-803. Subsequent redemptions -- when permitted -- amount paid.
(1) If property is redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem the property from the last redemptioner on paying the sum on the last redemption with interest at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last redemptioner may have paid on the property after the redemption by the last redemptioner with interest at the same rate on that amount, and the amount of any liens held by the last redemptioner prior to the last redemptioner's own lien, with interest. However, the judgment under which the property was sold need not be paid as a lien. The property may be again, and as often as any redemptioner is disposed, redeemed from any previous redemptioner, within 60 days after the last redemption, by paying the sum paid on the last previous redemption with interest on the sum at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last previous redemptioner paid after the redemption by the last previous redemptioner with interest at the same rate, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to the last redemptioner's own lien, with interest at the same rate.
(2) If the judgment debtor or the judgment debtor's spouse redeems, the judgment debtor or the spouse shall make the same payments that are required to effect a redemption by a redemptioner.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 2, Ch. 503, L. 1991; amd. Sec. 457, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-804. Redemption by stockholder or corporation

25-13-804. Redemption by stockholder or corporation.
(1) If a stockholder of a corporation redeems, the corporation, within 1 year after the date of sale, may redeem by paying to the redemptioner or the sheriff for the stockholder's benefit the amount paid to effect the redemption, with interest on that amount at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of payment, together with any taxes or assessments that may have been paid by the redemptioner, with interest at the same rate on the amount of the payment.
(2) When a stockholder redeems, any other stockholder or stockholders may, at any time after the redemption and within 60 days after the expiration of 1 year from the date of sale, contribute to the redemption by paying to the redeeming stockholder or depositing with the sheriff for the redeeming stockholder's benefit a sum that bears the same proportion to the amount necessary to redeem that the number of shares owned by the contributing stockholder or stockholders bears to the number of shares of the corporation outstanding, with interest on the sum from the date of redemption until the date of contribution at the rate established by the judgment in the action that led to the execution sale, together with a similar proportion of the taxes or assessments paid by the redeeming stockholder, with interest at the same rate. If the corporation does not redeem the property within the time and in the manner and form as described in this section, the redeeming and contributing stockholders are entitled to receive a sheriff's deed for the property redeemed and shall succeed to the property as tenants in common in the proportions, respectively, that they shall respectively pay or contribute to the redemption. The redeeming or contributing stockholder shall, in all cases when applying to redeem or contribute, present an affidavit setting forth the number of shares of stock owned by the stockholder and, to the best of the stockholder's knowledge, the number of shares of stock of the corporation outstanding.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(3); amd. Sec. 3, Ch. 503, L. 1991; amd. Sec. 458, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-805. Redemption by debtor from spouse

25-13-805. Redemption by debtor from spouse.
If the spouse of a judgment debtor redeem, the judgment debtor, within 1 year after the date of sale, may redeem by paying the spouse or the spouse's successors in interest or the sheriff for the benefit of the spouse or the successors in interest of the spouse the amount paid to effect the redemption, with interest thereon at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of such payment, together with any taxes or assessments that may have been paid by the spouse or the successors in interest of the spouse, with like interest thereon.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(4); amd. Sec. 4, Ch. 503, L. 1991.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-806. Notice of redemption, liens, and taxes and assessments paid

25-13-806. Notice of redemption, liens, and taxes and assessments paid.
Written notice of redemption must be given to the sheriff and a duplicate filed with the county clerk, and if any taxes or assessments are paid by the redemptioner or if the redemptioner has or acquired any liens other than that upon which the redemption was made, notice must in the same manner be given to the sheriff and filed with the county clerk. If the notice is not filed, the property may be redeemed without paying the tax, assessments, or lien.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 459, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-807. Papers redemptioner must produce

25-13-807. Papers redemptioner must produce.
A redemptioner shall produce, to the officer or person from whom the redemptioner seeks to redeem, and serve with the notice to the sheriff:
(1) (a) a copy of the docket of the judgment under which the redemptioner claims the right to redeem, certified by the clerk of the court or by the clerk of the district court in the county where the judgment is docketed;
(b) if upon a mortgage or other lien, a note of the record of the mortgage or lien, certified by the county clerk; or
(c) if upon an attachment, a copy of the affidavit of attachment, certified by the clerk of the district court;
(2) a copy of any assignment necessary to establish the redemptioner's claim, verified by the affidavit of the redemptioner or of a subscribing witness;
(3) an affidavit by the redemptioner or the redemptioner's agent showing the amount then actually due upon the lien.
History: En. Sec. 234, p. 182, L. 1867; re-en. Sec. 284, p. 88, Cod. Stat. 1871; re-en. Sec. 334, p. 131, L. 1877; re-en. Sec. 334, 1st Div. Rev. Stat. 1879; re-en. Sec. 345, 1st Div. Comp. Stat. 1887; amd. Sec. 1238, C. Civ. Proc. 1895; re-en. Sec. 6841, Rev. C. 1907; re-en. Sec. 9446, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 705; re-en. Sec. 9446, R.C.M. 1935; R.C.M. 1947, 93-5838; amd. Sec. 460, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-808. To whom redemption money paid

25-13-808. To whom redemption money paid.
The payment mentioned in 25-13-802 through 25-13-806 may be made to the purchaser or redemptioner, as the case may be, or for the petitioner or redemptioner to the officer who made the sale or, if the officer's term of office has expired, to the successor in office.
History: En. Sec. 233, p. 182, L. 1867; en. Sec. 283, p. 88, Cod. Stat. 1871; re-en. Sec. 333, p. 129, L. 1877; re-en. Sec. 333, 1st Div. Rev. Stat. 1879; re-en. Sec. 344, 1st Div. Comp. Stat. 1887; re-en. Sec. 1237, C. Civ. Proc. 1895; re-en. Sec. 6840, Rev. C. 1907; re-en. Sec. 9445, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 704; re-en. Sec. 9445, R.C.M. 1935; R.C.M. 1947, 93-5837(part); amd. Sec. 461, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-809. Effect of redemption by debtor or debtor's spouse -- certificate of redemption

25-13-809. Effect of redemption by debtor or debtor's spouse -- certificate of redemption.
(1) If the debtor redeems, the effect of the sale is terminated and the debtor is restored to the debtor's own estate. If the spouse redeems, the spouse must become the owner of the debtor spouse's interest, subject to any liens on the property at the time of the execution sale.
(2) Upon a redemption by a debtor or the debtor's spouse, the person to whom the payment was made shall execute and deliver to the debtor or the judgment debtor's spouse a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments of conveyances of real property. The certificate must be filed and recorded in the office of the county clerk of the county in which the property is situated, and the county clerk shall note the record of the certificate of redemption in the margin of the record of the certificate of sale.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 462, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-810. When purchaser entitled to conveyance

25-13-810. When purchaser entitled to conveyance.
If a redemption is not made within 1 year after the sale, the purchaser or the purchaser's assignee is entitled to a conveyance. If redeemed, whenever 60 days have elapsed and no other redemption has been made and notice of redemption is given and the time for redemption has expired, the last redemptioner or the redemptioner's assignee is entitled to a sheriff's deed. In all cases, the judgment debtor has the entire period of 1 year from the date of the sale to redeem the property.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 463, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-811. Who to execute conveyance

25-13-811. Who to execute conveyance.
In all cases when, under the provisions of this chapter, a purchaser of property at execution sale is entitled to a conveyance of the property, the conveyance must be executed to the purchaser by the officer who made the sale if the officer is still in office, but if the officer who made the sale is not in office at the time the purchaser may be entitled to the conveyance, then the conveyance must be executed by the officer's successor in office.
History: En. Sec. 233, p. 182, L. 1867; en. Sec. 283, p. 88, Cod. Stat. 1871; re-en. Sec. 333, p. 129, L. 1877; re-en. Sec. 333, 1st Div. Rev. Stat. 1879; re-en. Sec. 344, 1st Div. Comp. Stat. 1887; re-en. Sec. 1237, C. Civ. Proc. 1895; re-en. Sec. 6840, Rev. C. 1907; re-en. Sec. 9445, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 704; re-en. Sec. 9445, R.C.M. 1935; R.C.M. 1947, 93-5837(part); amd. Sec. 464, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-821. Possession of lands during redemption period

25-13-821. Possession of lands during redemption period.
The purchaser of land at execution sales is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the debtor and the debtor's family. The intention of this section is to ensure to the debtor the possession of the debtor's land during the year of redemption.
History: En. Sec. 1, Ch. 230, L. 1921; re-en. Sec. 9449, R.C.M. 1921; amd. Sec. 1, Ch. 150, L. 1933; re-en. Sec. 9449, R.C.M. 1935; R.C.M. 1947, 93-5841(part); amd. Sec. 465, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-822. Rents and profits during redemption period -- accounting

25-13-822. Rents and profits during redemption period -- accounting.
(1) The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of the redemptioner's redemption until another redemption, are entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation of the property. However, when any rents or profits have been received by the judgment creditor or purchaser or the creditor's or purchaser's assigns from the property sold preceding the redemption, the amount of the rents and profits must be a credit upon the redemption money to be paid. Any payments made under 25-13-802(2) and (3) must be subtracted from the credit for rents and profits.
(2) If the redemptioner or judgment debtor, before the expiration of the time allowed for redemption, demands in writing of the purchaser or creditor or the purchaser's or creditor's assigns a written and verified statement of the amount of the rents and profits received, the period for redemption is extended 5 days after the sworn statement is given by the purchaser or the purchaser's assigns to the redemptioner or debtor. If the purchaser or the purchaser's assigns, for a period of 1 month from and after the demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction to compel an accounting and disclosure of the rents and profits, and until 15 days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor.
History: En. Sec. 236, p. 183, L. 1867; rep. Sec. 751, p. 187, Cod. Stat. 1871; en. Sec. 1240, C. Civ. Proc. 1895; re-en. Sec. 6843, Rev. C. 1907; re-en. Sec. 9448, R.C.M. 1921; Cal. C. Civ. Proc. 707; re-en. Sec. 9448, R.C.M. 1935; R.C.M. 1947, 93-5840; amd. Sec. 5, Ch. 503, L. 1991; amd. Sec. 466, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-823. Restraint of waste during redemption period

25-13-823. Restraint of waste during redemption period.
Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of the property at the time of sale or entitled to possession afterward, during the period allowed for redemption, to continue to use the property in the same manner in which it was previously used, to use it in the ordinary course of husbandry, to make the necessary repairs of buildings on the property, or to use wood or timber on the property for the repair of buildings on the property, for the repair of fences, or for fuel for the person's family while the person occupies the property.
History: En. Sec. 235, p. 182, L. 1867; re-en. Sec. 285, p. 89, Cod. Stat. 1871; re-en. Sec. 335, p. 131, L. 1877; re-en. Sec. 335, 1st Div. Rev. Stat. 1879; re-en. Sec. 346, 1st Div. Comp. Stat. 1887; re-en. Sec. 1239, C. Civ. Proc. 1895; re-en. Sec. 6842, Rev. C. 1907; re-en. Sec. 9447, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 706; re-en. Sec. 9447, R.C.M. 1935; R.C.M. 1947, 93-5839; amd. Sec. 467, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-824. Enjoining injury to property after sale and before conveyance

25-13-824. Enjoining injury to property after sale and before conveyance.
The court or judge may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property after a sale on execution, before a conveyance.
History: En. Sec. 240, p. 93, Bannack Stat.; re-en. Sec. 261, p. 188, L. 1867; re-en. Sec. 310, p. 95, Cod. Stat. 1871; re-en. Sec. 360, p. 139, L. 1877; re-en. Sec. 360, 1st Div. Rev. Stat. 1879; re-en. Sec. 372, 1st Div. Comp. Stat. 1887; re-en. Sec. 1318, C. Civ. Proc. 1895; re-en. Sec. 6878, Rev. C. 1907; re-en. Sec. 9496, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 745; re-en. Sec. 9496, R.C.M. 1935; R.C.M. 1947, 93-6220(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 8. Redemption of Real Property › 25-13-825. Damages for injury to property after sale and before conveyance

25-13-825. Damages for injury to property after sale and before conveyance.
When real property has been sold on execution, the purchaser or any person who may have succeeded to the purchaser's interest may, after the purchaser's estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale and before possession is delivered under the conveyance.
History: En. Sec. 262, p. 188, L. 1867; re-en. Sec. 311, p. 95, L. 1871; re-en. Sec. 361, p. 139, L. 1877; re-en. Sec. 361, 1st Div. Rev. Stat. 1879; re-en. Sec. 373, 1st Div. Comp. Stat. 1887; re-en. Sec. 1319, C. Civ. Proc. 1895; re-en. Sec. 6879, Rev. C. 1907; re-en. Sec. 9497, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 746; re-en. Sec. 9497, R.C.M. 1935; R.C.M. 1947, 93-6221; amd. Sec. 468, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 9. Disposal of Foreclosed Agricultural Land (Terminated) › 25-13-901. Terminated

25-13-901. Terminated.
Sec. 6, Ch. 472, L. 1987.
History: En. Sec. 1, Ch. 472, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 9. Disposal of Foreclosed Agricultural Land (Terminated) › 25-13-902. Terminated

25-13-902. Terminated.
Sec. 6, Ch. 472, L. 1987.
History: En. Sec. 2, Ch. 472, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 9. Disposal of Foreclosed Agricultural Land (Terminated) › 25-13-903. Terminated

25-13-903. Terminated.
Sec. 6, Ch. 472, L. 1987.
History: En. Sec. 3, Ch. 472, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 9. Disposal of Foreclosed Agricultural Land (Terminated) › 25-13-904. Terminated

25-13-904. Terminated.
Sec. 6, Ch. 472, L. 1987.
History: En. Sec. 4, Ch. 472, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-101. Debtor to answer concerning debtor's property when execution unsatisfied

25-14-101. Debtor to answer concerning debtor's property when execution unsatisfied.
When an execution against property of the judgment debtor or of any one of several debtors in the same judgment, issued to a levying officer or the sheriff of the county where the judgment debtor resides or, if the judgment debtor does not reside in this state, to a levying officer or the sheriff of the county where the judgment is docketed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after the return is made, is entitled to an order from a judge of the court requiring the judgment debtor to appear and answer concerning the judgment debtor's property before the judge or a referee appointed by the judge at a time and place specified in the order. However, a judgment debtor who is a state resident may not be required to attend before a judge or referee outside the county in which the judgment debtor resides.
History: En. Sec. 215, p. 88, Bannack Stat.; re-en. Sec. 238, p. 184, L. 1867; re-en. Sec. 287, p. 90, Cod. Stat. 1871; re-en. Sec. 338, p. 133, L. 1877; re-en. Sec. 338, 1st Div. Rev. Stat. 1879; re-en. Sec. 350, 1st Div. Comp. Stat. 1887; re-en. Sec. 1260, C. Civ. Proc. 1895; re-en. Sec. 6848, Rev. C. 1907; re-en. Sec. 9454, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 714; re-en. Sec. 9454, R.C.M. 1935; R.C.M. 1947, 93-5901; amd. Sec. 108, Ch. 575, L. 1981; amd. Sec. 4, Ch. 457, L. 2007.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-102. Procedure when debtor withholding property from execution -- arrest

25-14-102. Procedure when debtor withholding property from execution -- arrest.
(1) After the issuing of an execution against property and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court that any judgment debtor has property that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment, the judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge or a referee appointed by the judge to answer concerning the refusal. Proceedings may be had for the application of the property of the judgment debtor toward the satisfaction of the judgment that are provided for upon the return of an execution.
(2) Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor or the judgment creditor's agent or attorney, if it appears to the judge that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring the debtor before the judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking with sufficient surety that the judgment debtor will attend from time to time before the judge or referee, as may be directed during the pendency of proceedings and until the final determination of the proceedings, and will not in the meantime dispose of any portion of the judgment debtor's property that is not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to prison.
History: En. Sec. 216, p. 88, Bannack Stat.; en. Sec. 239, p. 184, L. 1867; re-en. Sec. 288, p. 90, Cod. Stat. 1871; re-en. Sec. 339, p. 133, L. 1877; re-en. Sec. 339, 1st Div. Rev. Stat. 1879; re-en. Sec. 351, 1st Div. Comp. Stat. 1887; re-en. Sec. 1261, C. Civ. Proc. 1895; re-en. Sec. 6849, Rev. C. 1907; re-en. Sec. 9455, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 715; re-en. Sec. 9455, R.C.M. 1935; R.C.M. 1947, 93-5902; amd. Sec. 469, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-103. Debtors of judgment debtor and those holding debtor's property to answer

25-14-103. Debtors of judgment debtor and those holding debtor's property to answer.
After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment or upon proof, by affidavit or otherwise, to the satisfaction of the judge that any person or corporation has property of the judgment debtor or is indebted to the judgment debtor in an amount exceeding $50, the judge may, by an order, require the person or corporation or any officer or member of the corporation to appear at a specified time and place before the judge or a referee appointed by the judge and answer concerning the debt.
History: En. Sec. 218, p. 88, Bannack Stat.; re-en. Sec. 241, p. 184, L. 1867; re-en. Sec. 290, Cod. Stat. 1871; re-en. Sec. 341, p. 134, L. 1877; re-en. Sec. 341, 1st Div. Rev. Stat. 1879; re-en. Sec. 353, 1st Div. Comp. Stat. 1887; re-en. Sec. 1263, C. Civ. Proc. 1895; re-en. Sec. 6851, Rev. C. 1907; re-en. Sec. 9457, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 717; re-en. Sec. 9457, R.C.M. 1935; R.C.M. 1947, 93-5904; amd. Sec. 470, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-104. Procedure when debt to or ownership of judgment debtor denied

25-14-104. Procedure when debt to or ownership of judgment debtor denied.
If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.
History: En. Sec. 221, p. 89, Bannack Stat.; re-en. Sec. 244, p. 185, L. 1867; re-en. Sec. 293, Cod. Stat. 1871; re-en. Sec. 344, p. 135, L. 1877; re-en. Sec. 344, 1st Div. Rev. Stat. 1879; re-en. Sec. 356, 1st Div. Comp. Stat. 1887; re-en. Sec. 1266, C. Civ. Proc. 1895; re-en. Sec. 6854, Rev. C. 1907; re-en. Sec. 9460, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 720; re-en. Sec. 9460, R.C.M. 1935; R.C.M. 1947, 93-5907; amd. Sec. 471, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-105. Requiring witnesses to testify

25-14-105. Requiring witnesses to testify.
Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under parts 1 and 2 of this chapter, in the same manner as upon the trial of an issue.
History: En. Sec. 219, p. 88, Bannack Stat.; re-en. Sec. 242, p. 185, L. 1867; re-en. Sec. 291, Cod. Stat. 1871; re-en. Sec. 342, p. 134, L. 1877; re-en. Sec. 342, 1st Div. Rev. Stat. 1879; re-en. Sec. 354, 1st Div. Comp. Stat. 1887; re-en. Sec. 1264, C. Civ. Proc. 1895; re-en. Sec. 6852, Rev. C. 1907; re-en. Sec. 9458, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 718; re-en. Sec. 9458, R.C.M. 1935; R.C.M. 1947, 93-5905.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-106. Immunity of witnesses to criminal proceedings

25-14-106. Immunity of witnesses to criminal proceedings.
A party or witness examined in proceedings authorized by parts 1 and 2 of this chapter is not excused from answering a question on the ground that the party's or witness's examination will tend to convict the party or witness of the commission of a fraud or to prove that the party or witness has been a party or privy to or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose or that the party or witness or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt that was due to the judgment debtor or to a person in the judgment debtor's behalf. However, an answer cannot be used as evidence against the person answering in a criminal action or criminal proceeding.
History: En. Sec. 1268, C. Civ. Proc. 1895; re-en. Sec. 6856, Rev. C. 1907; re-en. Sec. 9462, R.C.M. 1921; re-en. Sec. 9462, R.C.M. 1935; R.C.M. 1947, 93-5909; amd. Sec. 472, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-107. Order to apply property to satisfaction of judgment

25-14-107. Order to apply property to satisfaction of judgment.
The judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment.
History: En. Sec. 220, p. 89, Bannack Stat.; re-en. Sec. 243, p. 185, L. 1867; re-en. Sec. 292, Cod. Stat. 1871; re-en. Sec. 343, p. 135, L. 1877; re-en. Sec. 343, 1st Div. Rev. Stat. 1879; re-en. Sec. 355, 1st Div. Comp. Stat. 1887; re-en Sec. 1265, C. Civ. Proc. 1895; re-en. Sec. 6853, Rev. C. 1907; re-en. Sec. 9459, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 719; re-en. Sec. 9459, R.C.M. 1935; R.C.M. 1947, 93-5906.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 1. Proceedings to Determine Availability of Property › 25-14-108. Contempt to disobey referee's orders

25-14-108. Contempt to disobey referee's orders.
If any person, party, or witness disobeys an order of the referee, properly made in the proceedings before the referee under parts 1 and 2 of this chapter, the person, party, or witness may be punished by the court or judge ordering the reference for a contempt.
History: En. Sec. 222, p. 89, Bannack Stat.; re-en. Sec. 245, p. 185, L. 1867; re-en. Sec. 294, Cod. Stat. 1871; re-en. Sec. 345, p. 135, L. 1877; re-en. Sec. 345, 1st Div. Rev. Stat. 1879; re-en. Sec. 357, 1st Div. Comp. Stat. 1887; re-en. Sec. 1267, C. Civ. Proc. 1895; re-en. Sec. 6855, Rev. C. 1907; re-en. Sec. 9461, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 721; re-en. Sec. 9461, R.C.M. 1935; R.C.M. 1947, 93-5908; amd. Sec. 473, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 2. Appointment of Receiver › 25-14-201. Appointment of receiver -- notice

25-14-201. Appointment of receiver -- notice.
At any time after making an order requiring the judgment debtor or any other person to attend and be examined, as prescribed in parts 1 and 2 of this chapter, the judge may make an order appointing a receiver of the property of the judgment debtor. At least 2 days' notice of the application for the order appointing a receiver must be given personally to the judgment debtor unless the judge is satisfied that the judgment debtor cannot, with reasonable diligence, be found within the state, in which case the order must recite that fact and may dispense with notice or direct notice to be given in any manner that the judge thinks proper. However, when the order to attend and be examined has been served upon the judgment debtor, a receiver may be appointed upon the return day of the service or at the close of the examination without further notice to the judgment debtor.
History: En. Sec. 1269, C. Civ. Proc. 1895; re-en. Sec. 6857, Rev. C. 1907; re-en. Sec. 9463, R.C.M. 1921; re-en. Sec. 9463, R.C.M. 1935; R.C.M. 1947, 93-5910; amd. Sec. 474, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 2. Appointment of Receiver › 25-14-202. Order appointing receiver to be filed

25-14-202. Order appointing receiver to be filed.
An order appointing a receiver must be filed in the office of the clerk of the court where the judgment is docketed or a transcript of the original docket is filed.
History: En. Sec. 1270, C. Civ. Proc. 1895; re-en. Sec. 6858, Rev. C. 1907; re-en. Sec. 9464, R.C.M. 1921; re-en. Sec. 9464, R.C.M. 1935; R.C.M. 1947, 93-5911(part); amd. Sec. 109, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 2. Appointment of Receiver › 25-14-203. Oath and undertaking

25-14-203. Oath and undertaking.
The receiver must take and subscribe the official oath and give an undertaking, if required by the judge.
History: En. Sec. 1270, C. Civ. Proc. 1895; re-en. Sec. 6858, Rev. C. 1907; re-en. Sec. 9464, R.C.M. 1921; re-en. Sec. 9464, R.C.M. 1935; R.C.M. 1947, 93-5911(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 2. Appointment of Receiver › 25-14-204. When property vests in receiver

25-14-204. When property vests in receiver.
The property of the judgment debtor is vested in a receiver who has qualified from the time of filing the order appointing the receiver, subject to the following exceptions:
(1) Real property is vested in the receiver only from the time when the order is filed with the clerk of the court or a certified copy of the order, as the case may be, is filed with the clerk of the county where it is situated.
(2) When the judgment debtor, at the time when the order is filed, resides in another county of the state, the judgment debtor's personal property is vested in the receiver only from the time when a copy of the order, certified by the clerk in whose office it is filed, is filed with the clerk of the district court of the county where the judgment debtor resides.
History: En. Sec. 1271, C. Civ. Proc. 1895; re-en. Sec. 6859, Rev. C. 1907; re-en. Sec. 9465, R.C.M. 1921; re-en. Sec. 9465, R.C.M. 1935; R.C.M. 1947, 93-5912; amd. Sec. 475, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 2. Appointment of Receiver › 25-14-205. Relation back of receiver's title

25-14-205. Relation back of receiver's title.
(1) When the receiver's title to personal property has become vested, as prescribed in 25-14-204, it also extends back by relation for the benefit of the judgment creditor in whose behalf the proceedings were instituted, as follows:
(a) When an order requiring the judgment debtor to attend and be examined has been served before the appointment of a receiver or the judgment debtor has been brought before the judge on arrest, the receiver's title extends back so as to include the personal property of the judgment debtor at the time of the service of the order or the judgment debtor's arrest.
(b) When an order has not been served or an arrest has not been made, as specified in subsection (1)(a), but an order has been made requiring a person to attend and be examined concerning property belonging or a debt due to the judgment debtor, the receiver's title extends to the personal property belonging to the judgment debtor that was in the hands or under the control of the person or corporation required to attend at the time of the service of the order and to a debt then due the judgment debtor from that person or corporation.
(c) In every other case, when notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judgment debtor at the time when the notice was served, either personally or by complying with the requirements of an order prescribing a substitute for personal service.
(2) When the case is within two or more of subsections (1)(a) through (1)(c), the rule most favorable to the judgment creditor must be adopted.
(3) This section does not affect the title of a purchaser in good faith, without notice, and for a valuable consideration or the payment of a debt in good faith and without notice.
History: En. Sec. 1272, C. Civ. Proc. 1895; re-en. Sec. 6860, Rev. C. 1907; re-en. Sec. 9466, R.C.M. 1921; re-en. Sec. 9466, R.C.M. 1935; R.C.M. 1947, 93-5913; amd. Sec. 476, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 3. Discharge of Imprisoned Judgment Debtor › 25-14-301. Persons imprisoned to be discharged

25-14-301. Persons imprisoned to be discharged.
Any person confined in jail on an execution issued on a judgment rendered in a civil action must be discharged therefrom upon the conditions of this part specified.
History: En. Sec. 107, p. 48, Cod. Stat. 1871; re-en. Sec. 145, p. 74, L. 1877; re-en. Sec. 145, 1st Div. Rev. Stat. 1879; re-en. Sec. 147, 1st Div. Comp. Stat. 1887; re-en. Sec. 2060, C. Civ. Proc. 1895; re-en. Sec. 7257, Rev. C. 1907; re-en. Sec. 9875, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1143; re-en. Sec. 9875, R.C.M. 1935; R.C.M. 1947, 93-9601.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 14. Proceedings in Aid of Execution › Part 3. Discharge of Imprisoned Judgment Debtor › 25-14-302. Notice of application for discharge

25-14-302. Notice of application for discharge.
A person referred to in 25-14-301 shall cause a written notice to be given to the plaintiff or the plaintiff's agent or attorney that at a certain time and place the person will apply to a judge of the district court of the county in which the person may be confined for the purpose of obtaining a discharge from imprisonment.
History: En. Sec. 108, p. 48, Cod. Stat. 1871; re-en. Sec. 146, p. 74, L. 1877; re-en. Sec. 146, 1st Div. Rev. Stat. 1879; re-en. Sec. 148, 1st Div. Comp. Stat. 1887; re-en. Sec. 2061, C. Civ. Proc. 1895; re-en. Sec. 7258, Rev. C. 1907; re-en. Sec. 9876, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1144; re-en. Sec. 9876, R.C.M. 1935; R.C.M. 1947, 93-9602; amd. Sec. 477, Ch. 56, L. 2009.