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Montana Statutes, Title 27

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Title 27, Title 27

23 chapters · 599 sections in this title.

All chapters in Title 27599 Ch 1, AVAILABILITY OF REMEDIES -- LIABILITY155 Ch 18, PREJUDGMENT ATTACHMENT69 Ch 2, STATUTES OF LIMITATIONS43 Ch 6, MONTANA MEDICAL LEGAL PANEL ACT38 Ch 12, MONTANA CHIROPRACTIC LEGAL PANEL ACT37 Ch 16, ARREST AND BAIL IN CIVIL ACTIONS37 Ch 28, QUO WARRANTO29 Ch 17, CLAIM AND DELIVERY OF PERSONAL PROPERTY26 Ch 19, INJUNCTIONS25 Ch 5, UNIFORM ARBITRATION ACT22 Ch 26, MANDAMUS -- WRIT OF MANDATE19 Ch 8, UNIFORM DECLARATORY JUDGMENTS ACT15 Ch 25, CERTIORARI -- WRIT OF REVIEW13 Ch 34, UNIFORM PUBLIC EXPRESSION PROTECTION ACT12

15 sections·Filtered byTitle 27✕Ch 8✕

Mont. Code Ann. § 27-8-101 Short Title
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This chapter may be cited as the "Uniform Declaratory Judgments Act".
Mont. Code Ann. § 27-8-102 Purpose -- Liberal Construction
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This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.
Mont. Code Ann. § 27-8-103 Uniformity Of Interpretation
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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
Mont. Code Ann. § 27-8-104 Definition Of Person
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The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, joint-stock company, unincorporated association, or society or municipal or other corporation of any character whatsoever.

Mont. Code Ann. § 27-8-201 Scope Of Power To Render Declaratory Judgments

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Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…

Mont. Code Ann. § 27-8-202 Who May Obtain Declaratory Judgment

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Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or valid…

Mont. Code Ann. § 27-8-203 When Contract May Be Construed

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A contract may be construed either before or after there has been a breach thereof.

Mont. Code Ann. § 27-8-204 Declarations Concerning Administration Of Trusts And Estates

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A person interested as or through an executor, administrator, trustee, guardian, other fiduciary, creditor, devisee, heir, or cestui que trust in the administration of a trust or of the estate of a decedent, minor, person committed pursuant to 53-21-127, or insolvent person may h…

Mont. Code Ann. § 27-8-205 Enumeration Not Restrictive Of General Powers

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The enumeration in 27-8-202 through 27-8-204 does not limit or restrict the exercise of the general powers conferred in 27-8-201 in any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.

Mont. Code Ann. § 27-8-206 Court's Discretion To Refuse To Render Judgment

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The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Mont. Code Ann. § 27-8-301 Necessary Parties

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When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of…

Mont. Code Ann. § 27-8-302 Jury Trial

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(1) When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. (2) When a proceedi…

Mont. Code Ann. § 27-8-311 Costs

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In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

Mont. Code Ann. § 27-8-312 Review Of Orders And Judgments

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All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

Mont. Code Ann. § 27-8-313 Supplemental Relief

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Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, …