Section 40-5-1034 – Limited immunity of petitioner

May 13, 2021 | Family Law, Montana

(1) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this part.
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while physically present in this state to participate in the proceeding.

ยง 40-5-1034, MCA

Renumbered from 40-5-183 by Laws 2015, Ch. 174,Sec. 71, eff. 7/1/2015.
Amended by Laws 2015, Ch. 174,Sec. 53, eff. 7/1/2015.
En. Sec. 32, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-72; amd. Sec. 35, Ch. 328, L. 1993; Sec. 40-5-133, MCA 1991; redes. 40-5-183 by Code Commissioner, 1993.