Montana § 70-29-113 - Death Or Incompetency Of Parties -- Proceedings Not Delayed
Full text of Montana Montana Code Annotated § 70-29-113 — Death Or Incompetency Of Parties -- Proceedings Not Delayed, with citation guidance and answers to common questions.
§ 70-29-113. Death Or Incompetency Of Parties -- Proceedings Not Delayed
Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action a party dies, is committed pursuant to 53-21-127 , or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action. (2) An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien on the share or interest, in the discretion of the court.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 70-29-113
What does Montana Code Annotated § 70-29-113 cover?
Section 70-29-113 ("Death Or Incompetency Of Parties -- Proceedings Not Delayed") 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 § 70-29-113?
A common citation format is "Montana Code Annotated § 70-29-113" (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 § 70-29-113 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.