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

Montana Statutes

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

Montana § 25-31-406

Title 25CIVIL PROCEDURE

Ch. 31PROCEDURE IN JUSTICES' COURTS

Part 4Commencement of Action -- Summons

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Bluebook

Mont. Code Ann. § 25-31-406 (2026).

Text

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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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.

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.