Montana Code 46-30-404. Immunity from service of civil process
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46-30-404. Immunity from service of civil process. A person brought into this state on or after waiver of extradition based on a criminal charge is not subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding that the person is being or has been returned to answer until the person has been convicted in the criminal proceedings or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.
Terms Used In Montana Code 46-30-404
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201