Montana § 25-31-707 Procedure When Defendant Under Arrest

Montana Statutes

§ 25-31-707 — Procedure When Defendant Under Arrest

Montana § 25-31-707

Title 25CIVIL PROCEDURE

Ch. 31PROCEDURE IN JUSTICES' COURTS

Part 7Time of Trial -- Postponements

This text of Montana § 25-31-707 (Procedure When Defendant Under Arrest) 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. § 25-31-707 (2026).

Text

25-31-707 . Procedure when defendant under arrest.

(1)If the application is on the part of the plaintiff and the defendant is under arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution in the same manner as if the defendant had not been discharged.

(2)If the application is on the part of a defendant under arrest, before it can be granted, the defendant shall execute an undertaking, with two or more sufficient sureties to be approved by and in a sum to be fixed by the justice, to the effect that the defendant will be amenable to the process of the court during the pendency of the action and to the process that may be issued to enforce the judgment in the action or that the s

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25-31-707 . Procedure when defendant under arrest. (1) If the application is on the part of the plaintiff and the defendant is under arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution in the same manner as if the defendant had not been discharged.
(2) If the application is on the part of a defendant under arrest, before it can be granted, the defendant shall execute an undertaking, with two or more sufficient sureties to be approved by and in a sum to be fixed by the justice, to the effect that the defendant will be amenable to the process of the court during the pendency of the action and to the process that may be issued to enforce the judgment in the action or that the sureties will pay to the plaintiff the amount of any judgment that the plaintiff may recover in the action, not exceeding the amount specified in the undertaking. On filing the undertaking specified in this subsection, the justice may order the defendant discharged from custody.

Legislative History

En. Sec. 596, p. 161, Bannack Stat.; re-en. Sec. 702, p. 177, Cod. Stat. 1871; re-en. Sec. 762, 1st Div. Rev. Stat. 1879; re-en. Sec. 782, 1st Div. Comp. Stat. 1887; en. Sec. 1593, C. Civ. Proc. 1895; re-en. Sec. 7036, Rev. C. 1907; re-en. Sec. 9669, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 876; re-en. Sec. 9669, R.C.M. 1935; R.C.M. 1947, 93-7104(2), (3); amd. Sec. 501, Ch. 56, L. 2009.