Statutes, codes, and regulations
Montana Code
Title 27 - CIVIL LIABILITY, REMEDIES, AND LIMITATIONSChapter 2 - STATUTES OF LIMITATIONS
Part 4 - CIRCUMSTANCES WHICH EXTEND PERIOD OF LIMITATIONS
Section 27-2-402 - When defendant is out of state

Mont. Code § 27-2-402

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Current through the 2023 Regular Session
Section 27-2-402 - When defendant is out of state

When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term limited under this part after the person's return to the state. If, after the cause of action accrues, the person departs from the state and cannot be served with process, the time of the person's absence is not part of the time limited for the commencement of the action.

§ 27-2-402, MCA

En. Sec. 13, p. 468, Bannack Stat.; re-en. Sec. 11, p. 517, Cod. Stat. 1871; re-en. Sec. 50, p. 50, L. 1877; re-en. Sec. 50, 1st Div. Rev. Stat. 1879; re-en. Sec. 50, 1st Div. Comp. Stat. 1887; re-en. Sec. 541, C. Civ. Proc. 1895; re-en. Sec. 6458, Rev. C. 1907; re-en. Sec. 9048, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 351; re-en. Sec. 9048, R.C.M. 1935; R.C.M. 1947, 93-2702; amd. Sec. 4, Ch. 441, L. 1987; amd. Sec. 600, Ch. 56, L. 2009.