Montana Statutes

§ 25-31-406 — Time For Answer Or Appearance

Montana·Title 25 CIVIL PROCEDURE·Ch. 31 PROCEDURE IN JUSTICES' COURTS·Part 4 Commencement of Action -- Summons

25-31-406 . Time for answer or appearance. The time specified in the summons for the appearance of the defendant must be as follows:

(1)if an order of arrest is endorsed upon the summons, immediately;
(2)in all other cases, the summons must provide that the defendant shall answer in writing, file the answer, and serve a copy upon the plaintiff or the plaintiff's attorney within 20 days after service of the summons, exclusive of the day of service, and in case of the defendant's failure to appear or answer, judgment will be taken against the defendant by default for the relief demanded in the complaint.

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Legislative History

En. Sec. 557, p. 152, Bannack Stat.; re-en. Sec. 663, p. 169, Cod. Stat. 1871; re-en. Sec. 723, 1st Div. Rev. Stat. 1879; re-en. Sec. 743, 1st Div. Comp. Stat. 1887; amd. Sec. 1506, C. Civ. Proc. 1895; re-en. Sec. 6999, Rev. C. 1907; re-en. Sec. 9632, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 845; re-en. Sec. 9632, R.C.M. 1935; amd. Sec. 3, Ch. 34, L. 1937; amd. Sec. 1, Ch. 196, L. 1939; R.C.M. 1947, 93-6707; amd. Sec. 26, Ch. 16, L. 1991; amd. Sec. 496, Ch. 56, L. 2009.

Nearby Sections

15
§ 25-31-1001
Repealed
§ 25-31-1002
How Costs Taxed
§ 25-31-1003
Repealed
§ 25-31-1004
Repealed
§ 25-31-1005
Repealed
§ 25-31-1101
Repealed
§ 25-31-1102
Repealed
§ 25-31-1103
Repealed
§ 25-31-1104
Manner Of Execution
§ 25-31-1105
Repealed
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