Procedure When There Is No Answer Or No Material Issue Of Fact

Mont. Code Ann. § 27-26-307, under Procedure Upon Return of Writ.

Mont. Code Ann. § 27-26-307

If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law or puts in issue immaterial statements not affecting the substantial right of the parties, the court or judge must proceed to hear or fix a day for hearing the argument of the case.