Montana § 25-31-409 Limitation On Dismissal -- Alias Summons

Montana Statutes

§ 25-31-409 — Limitation On Dismissal -- Alias Summons

Montana § 25-31-409

Title 25CIVIL PROCEDURE

Ch. 31PROCEDURE IN JUSTICES' COURTS

Part 4Commencement of Action -- Summons

This text of Montana § 25-31-409 (Limitation On Dismissal -- Alias Summons) 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. § 25-31-409 (2026).

Text

25-31-409 . Limitation on dismissal -- alias summons.

(1)A case is not subject to dismissal by the court for nonservice or failure to proceed during the time that the summons is valid.

(2)If the summons is returned without being served upon any or all of the defendants, the justice, upon the request of the plaintiff, may issue an alias summons in the same form as the original. The justice may, within 2 years from the date of the filing of the complaint, issue as many alias summonses as may be requested by the plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

25-31-409 . Limitation on dismissal -- alias summons. (1) A case is not subject to dismissal by the court for nonservice or failure to proceed during the time that the summons is valid.
(2) If the summons is returned without being served upon any or all of the defendants, the justice, upon the request of the plaintiff, may issue an alias summons in the same form as the original. The justice may, within 2 years from the date of the filing of the complaint, issue as many alias summonses as may be requested by the plaintiff.

Legislative History

Ap. p. Sec. 1507, C. Civ. Proc. 1895; re-en. Sec. 7000, Rev. C. 1907; re-en. Sec. 9633, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 846; re-en. Sec. 9633, R.C.M. 1935; amd. Sec. 4, Ch. 34, L. 1937; Sec. 93-6708, R.C.M. 1947; Ap. p. Sec. 1508, C. Civ. Proc. 1895; re-en. Sec. 7001, Rev. C. 1907; re-en. Sec. 9634, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 847; re-en. Sec. 9634, R.C.M. 1935; Sec. 93-6709, R.C.M. 1947; R.C.M. 1947, 93-6708, 93-6709; amd. Sec. 5, Ch. 457, L. 2007; amd. Sec. 1, Ch. 455, L. 2009.