Montana Statutes
§ 27-16-1003 — Defendant To Be Taken Before Justice Immediately
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 16 ARREST AND BAIL IN CIVIL ACTIONS·Part 10 Arrest in Civil Actions in Justice's Court
27-16-1003 . Defendant to be taken before justice immediately. The defendant, immediately upon being arrested, must be taken to the office of the justice who made the order. If the justice is absent or unable to try the action or if it appears to the justice by the affidavit of defendant that the justice is a material witness in the action, the officer shall immediately take the defendant before another justice of the county, if there is another, and if not, then before a justice of an adjoining county, who shall take jurisdiction of the action and proceed as if the summons had been issued and the order of arrest made by that justice.
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Legislative History
En. Sec. 562, p. 154, Bannack Stat.; re-en. Sec. 668, p. 171, Cod. Stat. 1871; re-en. Sec. 728, 1st Div. Rev. Stat. 1879; re-en. Sec. 748, 1st Div. Comp. Stat. 1887; amd. Sec. 1542, C. Civ. Proc. 1895; re-en. Sec. 7021, Rev. C. 1907; re-en. Sec. 9654, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 863; re-en. Sec. 9654, R.C.M. 1935; amd. Sec. 18, Ch. 491, L. 1973; R.C.M. 1947, 93-6903; amd. Sec. 654, Ch. 56, L. 2009.
Nearby Sections
15
§ 27-16-1001
Justice's Authority To Order Arrest§ 27-16-1002
Plaintiff's Affidavit And Undertaking§ 27-16-1003
Defendant To Be Taken Before Justice Immediately§ 27-16-1005
Officer To Detain Defendant -- Expenses§ 27-16-1006
Defense Against Order Of Arrest§ 27-16-102
When Defendant May Be Arrested§ 27-16-201
Order From Judge Required§ 27-16-202
Time For Making Order§ 27-16-203
When Order Must Be Made§ 27-16-204
Plaintiff's Undertaking§ 27-16-206
Directions To Sheriff In Order§ 27-16-207
Service Of Order And Affidavit