Montana Statutes
§ 27-8-301 — Necessary Parties
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 8 UNIFORM DECLARATORY JUDGMENTS ACT·Part 3 Procedure
27-8-301 . Necessary parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
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Legislative History
En. Sec. 11, Ch. 16, L. 1935; re-en. Sec. 9835.11, R.C.M. 1935; R.C.M. 1947, 93-8911.
Nearby Sections
15
§ 27-8-101
Short Title§ 27-8-102
Purpose -- Liberal Construction§ 27-8-103
Uniformity Of Interpretation§ 27-8-104
Definition Of Person§ 27-8-202
Who May Obtain Declaratory Judgment§ 27-8-203
When Contract May Be Construed§ 27-8-301
Necessary Parties§ 27-8-302
Jury Trial§ 27-8-303
Through 27-8-310 Reserved§ 27-8-311
Costs§ 27-8-312
Review Of Orders And Judgments