Montana § 23-5-135 Discharge Of Defendant

Montana Statutes

§ 23-5-135 — Discharge Of Defendant

Montana·Title 23 PARKS, RECREATION, SPORTS, AND GAMBLING·Ch. 5 GAMBLING·Part 1 General Provisions, Proceedings, and Penalties

23-5-135 . Discharge of defendant.

(1)A person against whom a civil action is brought, as provided in 23-5-131 , may move to have the action against the person dismissed if the person has repaid to the person who suffered the loss or that person's dependent the gambling loss, the costs of bringing the civil action, and the exemplary damages agreed upon by the parties or assessed by the court.

(2)A civil action brought to recover gambling losses does not bar or interfere with another proceeding or action, whether criminal, civil, or administrative, that may be brought under the laws of the state.

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23-5-135 . Discharge of defendant. (1) A person against whom a civil action is brought, as provided in 23-5-131 , may move to have the action against the person dismissed if the person has repaid to the person who suffered the loss or that person's dependent the gambling loss, the costs of bringing the civil action, and the exemplary damages agreed upon by the parties or assessed by the court.
(2) A civil action brought to recover gambling losses does not bar or interfere with another proceeding or action, whether criminal, civil, or administrative, that may be brought under the laws of the state.

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Legislative History

En. Sec. 18, Ch. 115, L. 1907; Sec. 8433, Rev. C. 1907; re-en. Sec. 11176, R.C.M. 1921; re-en. Sec. 11176, R.C.M. 1935; Sec. 94-2421, R.C.M. 1947; redes. 94-8-421 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-421 (part); amd. Sec. 14, Ch. 642, L. 1989; amd. Sec. 369, Ch. 56, L. 2009.