25-31-102. Transfer to district court -- dismissal. - Montana Statutes

     25-31-102. Transfer to district court -- dismissal. (1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall suspend all further proceedings in the action and certify the pleadings and, if any of the pleadings are oral, a transcript of the pleadings from the docket to the clerk of the district court of the county. From the time of the certification of the pleadings or transcript to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in the district court. When the action is certified to the district court, upon the answer of the defendant, the defendant shall file an undertaking, to be approved by the justice, to the effect that the defendant will pay all costs that may be awarded against the defendant on the trial in the district court.
     (2) If it appears at any point in the proceedings in a justice's court that the determination of the action will involve the question of the state's liability to make a payment of money, the justice shall sever that issue and dismiss the action as to that issue. If the issue is not severable, the justice shall dismiss the entire action.

     History: En. Sec. 593, Bannack Stat.; re-en. Sec. 699, p. 176, Cod. Stat. 1871; re-en. Sec. 759, 1st Div. Rev. Stat. 1879; re-en. Sec. 779, 1st Div. Comp. Stat. 1887; en. Sec. 1486, C. Civ. Proc. 1895; re-en. Sec. 6992, Rev. C. 1907; re-en. Sec. 9625, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 838; re-en. Sec. 9625, R.C.M. 1935; R.C.M. 1947, 93-6607(part); amd. Sec. 5, Ch. 409, L. 1979; amd. Sec. 112, Ch. 575, L. 1981; amd. Sec. 494, Ch. 56, L. 2009.