Montana Code Annotated 2021



Part 1. Civil Actions -- Form and Commencement

Failure To Prosecute -- Dismissal On Initiative Of Court

25-1-104. Failure to prosecute -- dismissal on initiative of court. In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.

History: En. Sec. 1, Ch. 17, L. 2011.