Montana § 25-31-405 - Designating Unknown Person As Defendant

Full text of Montana Montana Code Annotated § 25-31-405 — Designating Unknown Person As Defendant, with citation guidance and answers to common questions.

§ 25-31-405. Designating Unknown Person As Defendant

Designating unknown person as defendant. When the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons and in any other process or proceeding in the action by a fictitious name or by as much of the defendant's name as is known, adding a description identifying the person intended. The person designated must be regarded as a defendant in the action and as sufficiently described in the action for all purposes. When the defendant's name or the remainder of the defendant's name is known or becomes known, the justice before whom the action is pending shall amend the proceedings already taken by the insertion of the true or full name in place of the fictitious name or part of a name, and all subsequent proceedings must be taken under the name inserted.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 25-31-405

What does Montana Code Annotated § 25-31-405 cover?

Section 25-31-405 ("Designating Unknown Person As Defendant") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 25-31-405?

A common citation format is "Montana Code Annotated § 25-31-405" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 25-31-405 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.