Montana Code 10-1-904. General relief from court actions
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10-1-904. General relief from court actions. If a plaintiff or a defendant in any civil action, as described in Title 25, chapter 1, part 1, is a service member, the court may stay the proceedings if the service member or other person on the service member’s behalf makes a request in writing to the court, unless the court determines on the record that the ability of the service member to pursue an action as a plaintiff or to conduct the defense as a defendant is not materially affected by the service member’s military service.
Terms Used In Montana Code 10-1-904
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Military service: means active duty with a Montana army or air national guard military unit. See Montana Code 10-1-902
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Service member: means any member of the Montana army or air national guard serving on active duty. See Montana Code 10-1-902
- Writing: includes printing. See Montana Code 1-1-203