Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. The judge may sign an order if the judge is satisfied of either of the following:
(1) that the party seeking possession of the property has made a prima facie showing of the right to possession and the necessity for seizure at a show cause hearing before the judge with at least 3 days' notice to the person in possession of the property. If the person cannot be found for personal service, notice posted on the property and in three public places in the county where the property is located is sufficient service for this purpose.
(2) that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of impairment must be presented in open court, and the court shall set forth with specificity the reasons why the delay would seriously impair the remedy sought by the person seeking possession.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-17-203. Order from judge - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-17-203/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)