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

Montana Statutes

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

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 26 MANDAMUS -- WRIT OF MANDATE·Part 2 Procedure for Obtaining, Serving, and Enforcing Writ

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

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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.

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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.