Montana Code 25-31-409. Limitation on dismissal — alias summons
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25-31-409. Limitation on dismissal — alias summons. (1) A case is not subject to dismissal by the court for nonservice or failure to proceed during the time that the summons is valid.
Terms Used In Montana Code 25-31-409
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(2)If the summons is returned without being served upon any or all of the defendants, the justice, upon the request of the plaintiff, may issue an alias summons in the same form as the original. The justice may, within 2 years from the date of the filing of the complaint, issue as many alias summonses as may be requested by the plaintiff.