Montana § 25-4-401 Counterclaim By Person Sued In Representative Capacity

Montana Statutes

§ 25-4-401 — Counterclaim By Person Sued In Representative Capacity

Montana § 25-4-401

Title 25CIVIL PROCEDURE

Ch. 4PLEADINGS, MOTIONS, AND OTHER PAPERS

Part 4Counterclaim and Cross-Claim

This text of Montana § 25-4-401 (Counterclaim By Person Sued In Representative Capacity) 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. § 25-4-401 (2026).

Text

25-4-401 . Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.

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

25-4-401 . Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.

Legislative History

En. Sec. 695, C. Civ. Proc. 1895; re-en. Sec. 6545, Rev. C. 1907; re-en. Sec. 9142, R.C.M. 1921; re-en. Sec. 9142, R.C.M. 1935; R.C.M. 1947, 93-3406; amd. Sec. 393, Ch. 56, L. 2009.