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HOUSE BILL NO. 246
INTRODUCED BY L. GALLOWAY
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS FOR OUT-OF-STATE SUBPOENAS; REQUIRING 30 DAYS' NOTICE FOR EFFECTIVE SERVICE OF OUT-OF-STATE PROCESS WITHIN MONTANA; AND PROVIDING FOR COMPENSATORY DAMAGES IN CERTAIN CASES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Service of out-of-state process. (1) Service of process originating from the court of another state in the United States, a tribal government located outside Montana, or a United States territory must:
(a) give at least 30 days' notice to be effective on a person served in Montana; and
(b) be served in accordance with Rule (4)(d) of the Montana Rules of Civil Procedure.
(2) A person served under subsection (1) may have a cause of action for compensatory damages under [section 2] if the person appears in the out-of-state court and the case is continued without action on the merits of the case, unless the person requested the continuance.
NEW SECTION. Section 2. Compensatory damages for out-of-state continuance. (1) A person served under [section 1] may seek compensatory damages if:
(a) the person incurs expenses or loss of wages to travel to an out-of-state court; and
(b) the out-of-state court case is continued without action on the merits of the case, unless the person requested the continuance.
(2) When assessing compensatory damages, the court may consider:
(a) whether the opposing party requested the continuance;
(b) the reasonableness of any expenses or loss of wages incurred;
(c) the ability of the opposing party to pay the damages; and
(d) any other factor the court considers relevant.
(3) As used in this section, "out-of-state court" means the court of another state in the United States, a tribal government located outside Montana, or a United States territory.
NEW SECTION. Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 25, chapter 3, and the provisions of Title 25, chapter 3, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 27, chapter 1, and the provisions of Title 27, chapter 1, apply to [section 2].
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Latest Version of HB 246
(HB0246.01)
Processed for the Web on January 19, 2019 (11:55am)
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