Montana § 7-2-2411 - Transfer Of Court Actions Affecting Real Property

§ 7-2-2411. Transfer Of Court Actions Affecting Real Property

Transfer of court actions affecting real property. (1) In all counties created out of any other county or where the county boundary has been changed as provided in Title 7, chapter 2, part 28, and wherever there has been an action or proceeding begun affecting any real property situated within the new county or the county to which property has been added under Title 7, chapter 2, part 28, whether the action has been prosecuted to judgment or not, upon a written motion being filed by any person or persons interested in the real property affected by the action or proceeding requesting the transfer of the files and papers and records of the action or proceeding to the office of the clerk of the district court of the county to which the real property is added, the judge of the district court in which the action or proceeding was originally begun shall order that a transfer of all the files and papers of the action or proceeding be made to the office of the clerk of the district court of the county to which the real property is added. When an order of transfer is made, the clerk of the district court in which the action or proceeding was originally instituted shall transmit all of the files and papers in the action or proceeding, together with a certified copy of all minutes of the court relating to the action or proceeding, to the clerk of the county to which the real property, the subject matter of the action or proceeding, is added. (2) The clerk of the district court of the county to which the property is added shall, upon the receipt of the files and papers and certified copies of the minutes of the court, file the papers in the clerk's office as transferred files from the original county and shall enter and transcribe upon the clerk's records any final judgment or decree or order contained in the files or papers or records transferred. (3) Upon the receipt and filing of the files and papers in any action or proceeding transferred to a county in accordance with the provisions of this section, the district court of the county in which the files and papers have been transferred has the same jurisdiction with reference to the real property for the enforcement of any decree, judgment, or order that may have been entered or for other proceedings that may be necessary in the action or proceeding as the district court had in the county in which the action or proceeding was originally begun.