Montana Code 27-16-1002. Plaintiff’s affidavit and undertaking
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27-16-1002. Plaintiff’s affidavit and undertaking. Before an order of arrest can be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of the party or some other person, the facts upon which the application is founded. The plaintiff shall also execute and deliver to the justice a written undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant and all damages that the defendant may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking.
Terms Used In Montana Code 27-16-1002
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.