Montana Code 27-2-402. When defendant is out of state
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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.
Terms Used In Montana Code 27-2-402
- action: as used in this chapter , is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature. See Montana Code 27-2-101
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201