by admin | May 13, 2021 | Civil Procedure, Montana
The prisoner, after being discharged, is forever exempt from arrest or imprisonment for the same debt unless the prisoner is convicted of having willfully sworn falsely upon examination before the judge or in taking the oath prescribed in 25-14-306.§ 25-14-309, MCAEn....
by admin | May 13, 2021 | Civil Procedure, Montana
If the judge does not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days in the same manner as provided in this part, and the same proceedings must be had upon the application.§ 25-14-308, MCAEn. Sec. 113, p. 48, Cod....
by admin | May 13, 2021 | Civil Procedure, Montana
After administering the oath in 25-14-306, the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner if the prisoner is not imprisoned for another cause.§ 25-14-307, MCAEn....
by admin | May 13, 2021 | Civil Procedure, Montana
If, upon the examination, the judge is satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: “I, …., do solemnly swear that I have not any property, real or personal, in the amount of $50,...
by admin | May 13, 2021 | Civil Procedure, Montana
The plaintiff in the action may, upon such examination, propose to the prisoner any such interrogatories pertinent to the inquiry; and they must, if required by the plaintiff, be proposed and answered in writing, and the answer must be signed and sworn to by the...
by admin | May 13, 2021 | Civil Procedure, Montana
At the time and place specified in the notice described in 25-14-302, the person must be taken before the judge, who shall examine the person under oath concerning the person’s estate, property, and effects, the disposal of the estate, property, and effects, and...
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