1999 Montana Legislature

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HOUSE BILL NO. 27

INTRODUCED BY M. NOENNIG

Montana State Seal

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 served.

     (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 issued."



     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)
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