Montana § 70-27-204 Amendment Of Complaint After Trial Begins

Montana Statutes

§ 70-27-204 — Amendment Of Complaint After Trial Begins

Montana § 70-27-204

Title 70PROPERTY

Ch. 27FORCIBLE ENTRY AND DETAINER UNLAWFUL DETAINER

Part 2Trial, Judgment, and Appeal

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Bluebook

Mont. Code Ann. § 70-27-204 (2026).

Text

70-27-204 . Amendment of complaint after trial begins.

(1)When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.

(2)No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.

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70-27-204 . Amendment of complaint after trial begins. (1) When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.
(2) No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.

Legislative History

En. Sec. 2093, C. Civ. Proc. 1895; re-en. Sec. 7282, Rev. C. 1907; re-en. Sec. 9900, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1173; re-en. Sec. 9900, R.C.M. 1935; R.C.M. 1947, 93-9714.