Montana § 27-28-301 - When Action May Be Commenced -- Undertaking For Security
Full text of Montana Montana Code Annotated § 27-28-301 — When Action May Be Commenced -- Undertaking For Security, with citation guidance and answers to common questions.
§ 27-28-301. When Action May Be Commenced -- Undertaking For Security
When action may be commenced -- undertaking for security. A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the person shall enter into an undertaking, with two sufficient sureties to be approved by the judge or any judge of the court in which the action is brought, conditioned that the person will pay any judgment for costs or damages recovered against the person and all costs and expenses incurred in the prosecution of the action. The undertaking must be filed with the clerk of the court.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 27-28-301
What does Montana Code Annotated § 27-28-301 cover?
Section 27-28-301 ("When Action May Be Commenced -- Undertaking For Security") 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 § 27-28-301?
A common citation format is "Montana Code Annotated § 27-28-301" (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 § 27-28-301 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.