HOUSE BILL NO. 27

INTRODUCED BY NOENNIG M

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING PROVISIONS RELATING TO THE TIME FOR APPEARING AND ANSWERING A SUMMONS AND COMPLAINT FOR FORCIBLE ENTRY OR FORCIBLE OR UNLAWFUL DETAINER; AMENDING SECTIONS 70-27-113, 70-27-114, AND 70-27-117, MCA; AND REPEALING SECTION 70-27-115, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 70-27-113, MCA, is amended to read:

"70-27-113. Complaint and summons. (1) The plaintiff's complaint, which must be in writing, must set forth the facts on which the plaintiff seeks to recover and describe the premises with reasonable certainty. The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer and claim damages . If the unlawful detainer is charged after default in the payment of rent, the complaint must state the amount of rent.

(2) Upon filing the complaint, a summons must be issued on the complaint as in other cases ."

Section 2. Section 70-27-114, MCA, is amended to read:

"70-27-114. Summons -- contents -- service. (1) The summons must:

(a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought ; and

(b) notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.

(2) The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.

(3) The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110.

(4) Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued."

Section 3. Section 70-27-117, MCA, is amended to read:

"70-27-117. Judgment by default. If the defendant does not appear and defend within 10 days of service, the court shall enter the defendant's default and enter judgment in favor of the plaintiff as requested in the complaint."

NEW SECTION. Section 4. Repealer. Section 70-27-115, MCA, is repealed.

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