Montana Code 25-31-707. Procedure when defendant under arrest
25-31-707. Procedure when defendant under arrest. (1) If the application is on the part of the plaintiff and the defendant is under arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution in the same manner as if the defendant had not been discharged.
Terms Used In Montana Code 25-31-707
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(2)If the application is on the part of a defendant under arrest, before it can be granted, the defendant shall execute an undertaking, with two or more sufficient sureties to be approved by and in a sum to be fixed by the justice, to the effect that the defendant will be amenable to the process of the court during the pendency of the action and to the process that may be issued to enforce the judgment in the action or that the sureties will pay to the plaintiff the amount of any judgment that the plaintiff may recover in the action, not exceeding the amount specified in the undertaking. On filing the undertaking specified in this subsection, the justice may order the defendant discharged from custody.