Title 25, Title 25

Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of…

The court or judge may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property after a sale on execution, before a conveyance.

When real property has been sold on execution, the purchaser or any person who may have succeeded to the purchaser's interest may, after the purchaser's estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale and before possessio…

When an execution against property of the judgment debtor or of any one of several debtors in the same judgment, issued to a levying officer or the sheriff of the county where the judgment debtor resides or, if the judgment debtor does not reside in this state, to a levying offic…

(1) After the issuing of an execution against property and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court that any judgment debtor has property that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgmen…

After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment or upon proof, by affidavit or otherwise, to the satisfaction of the judge that any person or corporation has property of the judgment debtor …

If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that eff…

Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under parts 1 and 2 of this chapter, in the same manner as upon the trial of an issue.

A party or witness examined in proceedings authorized by parts 1 and 2 of this chapter is not excused from answering a question on the ground that the party's or witness's examination will tend to convict the party or witness of the commission of a fraud or to prove that the part…

The judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment.

If any person, party, or witness disobeys an order of the referee, properly made in the proceedings before the referee under parts 1 and 2 of this chapter, the person, party, or witness may be punished by the court or judge ordering the reference for a contempt.

At any time after making an order requiring the judgment debtor or any other person to attend and be examined, as prescribed in parts 1 and 2 of this chapter, the judge may make an order appointing a receiver of the property of the judgment debtor. At least 2 days' notice of the …

An order appointing a receiver must be filed in the office of the clerk of the court where the judgment is docketed or a transcript of the original docket is filed.

The receiver must take and subscribe the official oath and give an undertaking, if required by the judge.

The property of the judgment debtor is vested in a receiver who has qualified from the time of filing the order appointing the receiver, subject to the following exceptions: (1) Real property is vested in the receiver only from the time when the order is filed with the clerk of t…

(1) When the receiver's title to personal property has become vested, as prescribed in 25-14-204, it also extends back by relation for the benefit of the judgment creditor in whose behalf the proceedings were instituted, as follows: (a) When an order requiring the judgment debtor…

Any person confined in jail on an execution issued on a judgment rendered in a civil action must be discharged therefrom upon the conditions of this part specified.

A person referred to in 25-14-301 shall cause a written notice to be given to the plaintiff or the plaintiff's agent or attorney that at a certain time and place the person will apply to a judge of the district court of the county in which the person may be confined for the purpo…

The notice specified in 25-14-302 must be served upon the plaintiff or the plaintiff's agent or attorney at least 1 day before the hearing of the application. If the plaintiff is not a resident of the county and does not have an agent or attorney in the county, the notice will no…

At the time and place specified in the notice described in 25-14-302, the person must be taken before the judge, who shall examine the person under oath concerning the person's estate, property, and effects, the disposal of the estate, property, and effects, and the person's abil…

The plaintiff in the action may, upon such examination, propose to the prisoner any such interrogatories pertinent to the inquiry; and they must, if required by the plaintiff, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner.

If, upon the examination, the judge is satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: "I, ...., do solemnly swear that I have not any property, real or personal, in the amount of $50, except property that is by…

After administering the oath in 25-14-306, the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner if the prisoner is not imprisoned for another cause.

If the judge does not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days in the same manner as provided in this part, and the same proceedings must be had upon the application.

The prisoner, after being discharged, is forever exempt from arrest or imprisonment for the same debt unless the prisoner is convicted of having willfully sworn falsely upon examination before the judge or in taking the oath prescribed in 25-14-306.

The judgment against a prisoner who is discharged remains in full force against any estate that may then or at any time afterward belong to the prisoner, and the plaintiff may take out a new execution against the goods and estate of the prisoner in the same manner as if the priso…

The plaintiff in the action may at any time order the prisoner to be discharged, and the prisoner is not liable to imprisonment for the same cause of action.

Whenever a prisoner is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor or the creditor's agent or attorney shall advance to the jailer, on the commitment, sufficient money for the support of the prisoner for 1 week and shall make t…

When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Rule 4(s), M.R.Civ.P., those who were not originally served with the summons and did not appear to the action may be summoned to show cause why t…

The summons, as provided in 25-15-101, must describe the judgment and require the person summoned to show cause why the person should not be bound by it and must be served in the same manner and returnable within the same time as the original summons.

The summons must be accompanied by an affidavit of the plaintiff or the plaintiff's agent, representative, or attorney that the judgment or some part of the judgment remains unsatisfied and must specify the amount due. It is not necessary to file a new complaint.

Upon the summons, the defendant may answer within the time specified in the summons, denying the judgment or setting up any defense that may have arisen subsequently, or the defendant may deny liability on the obligation upon which the judgment was recovered, except a discharge f…

If the defendant in the answer denies the judgment or provides any defense that may have arisen subsequently, the summons, with the affidavit attached, and the answer constitute the written allegations in the case. If the defendant denies liability on the obligation upon which th…

The issues formed may be tried as in other cases. However, when the defendant denies in the answer any liability on the obligation upon which the judgment was rendered, if a verdict is found against the defendant, the judgment may not be in excess of the amount remaining unsatisf…

Any joint debtor, including a partner, may compromise with a creditor, and a discharge to the joint debtor by the creditor is as effectual as if made to all debtors, but the discharge does not relieve the other joint debtors. Any creditor can release a judgment in the creditor's …

Except as provided in 27-1-703, the discharge of a joint debtor operates as a payment to the creditor equal to the proportionate interest of the debtor discharged, but the discharge of the debtor does not prevent the codebtors from enforcing the right of contribution if they are …

(a) Papers Defined. The word "papers" as used in this Rule includes all documents and copies except exhibits and records on appeal from lower courts. (b) Pagination, Printing, Etc. All papers shall be: (1) Typewritten, printed or equivalent; (2) Clear and permanent; (3) Equally l…

(a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws, or ceases to act as such, the attorney must inform the court and all other parties of the full name and address of the attorney's client and any other in…

Whenever a judgment or decree is signed by the presiding judge it shall be delivered to the clerk and immediately filed in the records of the court and the fee required by law shall be paid to the clerk. Failure of parties to observe this Rule shall be deemed a contempt of court.

(a) Every exhibit placed on file or offered in evidence shall be held in the custody of the clerk. Unless there is good reason why the original of an exhibit should be retained, upon application, the court may order a copy filed in its place. Public records offered in evidence ma…

An attorney seeking to be admitted to practice before the court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest courts of another state, must at the time of his or her first appearance in a district court in Mo…

(a) In a multijudge district court of Montana, a chief district judge shall be selected at the beginning of each calendar year, and the position shall rotate among the judges of the district annually, unless they agree otherwise. The rotation shall commence with the most senior d…

Nothing in these Rules shall be construed as limiting the power of the district courts from promulgating rules that do not conflict with these Rules.

(a) An attorney's copied or electronically-generated signature shall be deemed original for all court-filed documents. (b) Pursuant to M. R. Civ. P. 5(b)(E), some or all of the parties may stipulate to provide service of all papers required to be served under M. R. Civ. P. 5(a)(1…

(a) Unless one or both parties objects or the court orders otherwise, in every original or modification action for dissolution of marriage, parenting and visitation, child and medical support, declaration of invalidity of marriage, paternity, separation, grandparent-grandchild co…

(a) Prerequisites to Filing a Motion. The text of the motion must state that other parties have been contacted and state whether any party objects to the motion. Parties that have not yet appeared in the action or whose default has been entered need not be contacted. When a motio…