Montana § 27-26-206 Enforcement Of Writ -- Penalty

Montana Statutes

§ 27-26-206 — Enforcement Of Writ -- Penalty

Montana § 27-26-206

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 26MANDAMUS -- WRIT OF MANDATE

Part 2Procedure for Obtaining, Serving, and Enforcing Writ

This text of Montana § 27-26-206 (Enforcement Of Writ -- Penalty) 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. § 27-26-206 (2026).

Text

27-26-206 . Enforcement of writ -- penalty.

(1)When a peremptory mandate has been issued and directed to any lower tribunal, corporation, board, or person, if it appears to the court or judge that any member of the tribunal, corporation, board, or person upon whom the writ has been personally served has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed and may make any orders necessary and proper for the complete enforcement of the writ.

(2)When a party is an elected or appointed official and is found in contempt pursuant to 3-1-501 for not complying with a writ of mandamus, the official may be

Free access — add to your briefcase to read the full text and ask questions with AI

27-26-206 . Enforcement of writ -- penalty. (1) When a peremptory mandate has been issued and directed to any lower tribunal, corporation, board, or person, if it appears to the court or judge that any member of the tribunal, corporation, board, or person upon whom the writ has been personally served has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed and may make any orders necessary and proper for the complete enforcement of the writ.
(2) When a party is an elected or appointed official and is found in contempt pursuant to 3-1-501 for not complying with a writ of mandamus, the official may be subject to recall pursuant to the provisions of Title 2, chapter 16, part 6.

Legislative History

En. Sec. 395, p. 124, Bannack Stat.; re-en. Sec. 454, p. 225, L. 1867; re-en. Sec. 530, p. 143, Cod. Stat. 1871; re-en. Sec. 560, p. 183, L. 1877; re-en. Sec. 560, 1st Div. Rev. Stat. 1879; re-en. Sec. 578, 1st Div. Comp. Stat. 1887; amd. Sec. 1973, C. Civ. Proc. 1895; re-en. Sec. 7226, Rev. C. 1907; re-en. Sec. 9860, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1097; re-en. Sec. 9860, R.C.M. 1935; R.C.M. 1947, 93-9114; amd. Sec. 51, Ch. 10, L. 1993; amd. Sec. 2, Ch. 101, L. 2025.