Montana § 70-29-113 Death Or Incompetency Of Parties -- Proceedings Not Delayed

Montana Statutes

§ 70-29-113 — Death Or Incompetency Of Parties -- Proceedings Not Delayed

Montana § 70-29-113

Title 70PROPERTY

Ch. 29PARTITION OF REAL PROPERTY

Part 1Preliminary Procedure

This text of Montana § 70-29-113 (Death Or Incompetency Of Parties -- Proceedings Not Delayed) 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. § 70-29-113 (2026).

Text

70-29-113 . Death or incompetency of parties -- proceedings not delayed.

(1)If during the pendency of the action a party dies, is committed pursuant to 53-21-127 , or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action.

(2)An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or intere

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70-29-113 . Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action a party dies, is committed pursuant to 53-21-127 , or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action.
(2) An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien on the share or interest, in the discretion of the court.

Legislative History

En. Sec. 1357, C. Civ. Proc. 1895; re-en. Sec. 6900, Rev. C. 1907; re-en. Sec. 9533, R.C.M. 1921; re-en. Sec. 9533, R.C.M. 1935; R.C.M. 1947, 93-6318; amd. Sec. 23, Ch. 115, L. 1979; amd. Sec. 36, Ch. 490, L. 1997.