Montana Code 25-31-406. Time for answer or appearance
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25-31-406. Time for answer or appearance. The time specified in the summons for the appearance of the defendant must be as follows:
Terms Used In Montana Code 25-31-406
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
- Writing: includes printing. See Montana Code 1-1-203
(1)if an order of arrest is endorsed upon the summons, immediately;
(2)in all other cases, the summons must provide that the defendant shall answer in writing, file the answer, and serve a copy upon the plaintiff or the plaintiff’s attorney within 20 days after service of the summons, exclusive of the day of service, and in case of the defendant’s failure to appear or answer, judgment will be taken against the defendant by default for the relief demanded in the complaint.