Montana Statutes
§ 27-16-301 — Proceedings To Vacate Order Or Reduce Bail
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 16 ARREST AND BAIL IN CIVIL ACTIONS·Part 3 Vacation of Order -- Reduction of Bail
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.
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Legislative History
En. Sec. 97, p. 151, L. 1867; re-en. Sec. 105, p. 48, Cod. Stat. 1871; re-en. Sec. 143, p. 73, L. 1877; re-en. Sec. 143, 1st Div. Rev. Stat. 1879; re-en. Sec. 145, 1st Div. Comp. Stat. 1887; re-en. Sec. 825, C. Civ. Proc. 1895; re-en. Sec. 6620, Rev. C. 1907; re-en. Sec. 9218, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 503; re-en. Sec. 9218, R.C.M. 1935; R.C.M. 1947, 93-4026.
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