Montana § 25-31-405 Designating Unknown Person As Defendant

Montana Statutes

§ 25-31-405 — Designating Unknown Person As Defendant

Montana § 25-31-405

Title 25CIVIL PROCEDURE

Ch. 31PROCEDURE IN JUSTICES' COURTS

Part 4Commencement of Action -- Summons

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Bluebook

Mont. Code Ann. § 25-31-405 (2026).

Text

25-31-405 . Designating unknown person as defendant. When the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons and in any other process or proceeding in the action by a fictitious name or by as much of the defendant's name as is known, adding a description identifying the person intended. The person designated must be regarded as a defendant in the action and as sufficiently described in the action for all purposes. When the defendant's name or the remainder of the defendant's name is known or becomes known, the justice before whom the action is pending shall amend the proceedings already taken by the insertion of the true or full name in place of the fictitious name or part of a name, and all subsequent proceedings must 

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25-31-405 . Designating unknown person as defendant. When the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons and in any other process or proceeding in the action by a fictitious name or by as much of the defendant's name as is known, adding a description identifying the person intended. The person designated must be regarded as a defendant in the action and as sufficiently described in the action for all purposes. When the defendant's name or the remainder of the defendant's name is known or becomes known, the justice before whom the action is pending shall amend the proceedings already taken by the insertion of the true or full name in place of the fictitious name or part of a name, and all subsequent proceedings must be taken under the name inserted.

Legislative History

En. Sec. 1692, C. Civ. Proc. 1895; re-en. Sec. 7090, Rev. C. 1907; re-en. Sec. 9723, R.C.M. 1921; re-en. Sec. 9723, R.C.M. 1935; R.C.M. 1947, 93-7713; amd. Sec. 495, Ch. 56, L. 2009.