Montana Code Annotated 1999

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     27-18-702. When writ quashed. At such hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ shall be quashed if the court makes a preliminary finding that:
     (1) the plaintiff cannot establish the prima facie validity of his claim; or
     (2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.

     History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(2).

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