Montana § 25-1-104 Failure To Prosecute -- Dismissal On Initiative Of Court

Montana Statutes

§ 25-1-104 — Failure To Prosecute -- Dismissal On Initiative Of Court

Montana § 25-1-104

Title 25CIVIL PROCEDURE

Ch. 1GENERAL PROVISIONS

Part 1Civil Actions -- Form and Commencement

This text of Montana § 25-1-104 (Failure To Prosecute -- Dismissal On Initiative Of Court) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-1-104 (2026).

Text

25-1-104 . Failure to prosecute -- dismissal on initiative of court. In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.

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25-1-104 . Failure to prosecute -- dismissal on initiative of court. In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.