Montana § 25-4-101 Motions And Orders -- Where Made

Montana Statutes

§ 25-4-101 — Motions And Orders -- Where Made

Montana·Title 25 CIVIL PROCEDURE·Ch. 4 PLEADINGS, MOTIONS, AND OTHER PAPERS·Part 1 General Provisions

25-4-101 . Motions and orders -- where made.

(1)Motions must be made in the county in which the action is brought or in any adjoining county in the same district. In the absence of the judge of the district from the district or in an action pending in which the judge is disqualified to act, a motion may be made before the judge of any adjoining district unless there is another judge in the same district who is not disqualified to act. In that case, a motion must be made before another judge in the same district.

(2)Orders made out of court may be made by the judge of the court in any part of the state.

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25-4-101 . Motions and orders -- where made. (1) Motions must be made in the county in which the action is brought or in any adjoining county in the same district. In the absence of the judge of the district from the district or in an action pending in which the judge is disqualified to act, a motion may be made before the judge of any adjoining district unless there is another judge in the same district who is not disqualified to act. In that case, a motion must be made before another judge in the same district.
(2) Orders made out of court may be made by the judge of the court in any part of the state.

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Legislative History

En. Sec. 418, p. 128, Bannack Stat.; re-en. Sec. 487, p. 231, L. 1867; amd. Sec. 567, p. 151, Cod. Stat. 1871; amd. Sec. 470, p. 166, L. 1877; re-en. Sec. 470, 1st Div. Rev. Stat. 1879; re-en. Sec. 483, 1st Div. Comp. Stat. 1887; re-en. Sec. 1821, C. Civ. Proc. 1895; re-en. Sec. 7140, Rev. C. 1907; re-en. Sec. 9773, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1004; re-en. Sec. 9773, R.C.M. 1935; R.C.M. 1947, 93-8402; amd. Sec. 88, Ch. 575, L. 1981; amd. Sec. 389, Ch. 56, L. 2009.