Montana Code Annotated 2001

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     3-5-311. Powers of judges at chambers. (1) The judge of the district court may at chambers:
     (a) issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original and remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in his district;
     (b) grant all orders and writs which are usually granted in the first instance upon an ex parte application and hear and dispose of such orders and writs;
     (c) hear and determine any matter necessary in the exercise of his powers in matters of probate or in any action or proceeding provided by law and any action in which all party defendants have made default;
     (d) issue any process, make any order, and make and enter any default judgment.
     (2) When default judgments are entered in default cases, as herein provided, the judge shall forward to the clerk of the court of the county in which the action is pending the judgment so made, together with a minute of the proceedings had thereon, which shall be by said clerk incorporated into the minutes of the court.
     (3) If a jury is necessary, the judge may open court and obtain a jury as in other cases.

     History: En. Sec. 477, p. 138, Bannack Stat.; amd. Sec. 624, p. 161, Cod. Stat. 1871; re-en. Sec. 684, 1st Div. Rev. Stat. 1879; re-en. Sec. 704, 1st Div. Comp. Stat. 1887; amd. Sec. 171, C. Civ. Proc. 1895; re-en. Sec. 6314, Rev. C. 1907; re-en. Sec. 8867, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 166; amd. Sec. 1, Ch. 79, L. 1931; re-en. Sec. 8867, R.C.M. 1935; R.C.M. 1947, 93-802.

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