Montana § 70-28-108 - Prerequisites To Decree Against Defendant Not Present
Full text of Montana Montana Code Annotated § 70-28-108 — Prerequisites To Decree Against Defendant Not Present, with citation guidance and answers to common questions.
§ 70-28-108. Prerequisites To Decree Against Defendant Not Present
Prerequisites to decree against defendant not present. Before the plaintiff is entitled to a decree in an action against any defendant who does not appear in the action, the plaintiff shall produce evidence sufficient to prima facie entitle the plaintiff to relief. The relief may be granted only to the extent to which the evidence prima facie proves the plaintiff to be entitled to the relief. However, this provision may not affect the procedure in or manner of trial of the actions as between the plaintiff and any defendant who appears in the action.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 70-28-108
What does Montana Code Annotated § 70-28-108 cover?
Section 70-28-108 ("Prerequisites To Decree Against Defendant Not Present") 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 § 70-28-108?
A common citation format is "Montana Code Annotated § 70-28-108" (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 § 70-28-108 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.