Current as of April 27, 2021 | Updated by FindLaw Staff
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At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:
(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or
(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-702. When writ quashed - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-code-ann-sect-27-18-702/
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