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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) An action, cause of action, or defense does not abate because of the death or disability of a party or the transfer of any interest in the action or defense, but whenever the cause of action or defense arose in favor of the party prior to the party's death or disability or transfer of interest, the action or defense survives and may be maintained by the party's representatives or successors in interest. If the action has not been begun or defense interposed, the action may be begun or defense interposed in the name of the party's representatives or successors in interest. If the action has been begun or defense interposed, the action or proceeding may be continued as provided in Rule 25, M.R.Civ.P.
(2) Actions brought under 27-1-513 and this section must be combined in one legal action, and any element of damages may be recovered only once.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-1-501. Survival of cause of action or defense--death or disability or transfer of interest - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-1-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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