About Bill -- Links
HOUSE BILL NO. 27
INTRODUCED BY M. NOENNIG
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, in his plaintiff's complaint, which must be in writing, must set
forth the facts on which he the plaintiff seeks to recover and describe the premises with reasonable certainty. and The
complaint may set forth therein any circumstances of fraud, force, or violence which that may have accompanied the alleged
forcible entry or forcible or unlawful detainer and claim damages therefor. In case If the unlawful detainer is charged be
after default in the payment of rent, the complaint must state the amount of such rent.
(2) Upon filing the complaint, a summons must be issued
thereon on the complaint as in other cases , returnable at a date
designated therein, which shall not be less than 4 days or more than 12 days from its date."
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
same proceeding is brought, the nature of the action in
concise terms, and the relief sought and also the return day; and
(b) notify the defendant to appear and answer within
the time designated or 10 days of service and that the relief sought
will be taken against him the defendant if the defendant does not appear.
(2) The summons must be directed to the defendant
and be served at least 4 days before the return day designated
therein 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
defendants defendant if the defendants defendant can be found
with due diligence within the state, or if the defendants 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. The complaint need not be
(4) Upon the return of
any a summons issued under this chapter , where the same has that was not for any reason been
served or not served in time, the plaintiff may have a new summons issued, the same as if no previous summons had been
Section 3. Section 70-27-117, MCA, is amended to read:
"70-27-117. Judgment by default. If
at the time appointed the defendant does not appear and defend within 10 days of
service, the court must shall enter his the defendant's default and enter judgment in favor of the plaintiff as prayed for
requested in the complaint."
Section 4. Repealer. Section 70-27-115, MCA, is repealed.
- END -
Latest Version of HB 27 (HB0027.ENR)
Processed for the Web on March 31, 1999 (11:58AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services