§ 25-3-206 Execution by elisor

Codes > Montana Code > Title 25 > Chapter 3 : Part 2 > 25-3-206 Execution

25-3-206. Execution by elisor

    (1) Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court or a judge, and denominated an elisor in the following cases:

        (a) The sheriff and coroner are both parties.

        (b) Either of these officers is a party, and the process is against the other.

        (c) Either of these officers is a party, and there is a vacancy in the office of the other.

        (d) It appears by affidavit to the satisfaction of the court in which the proceeding is pending or the judge that both of these officers are disqualified or, by reason of any bias, prejudice, or other cause, would not act promptly or impartially.

    (2) When process is delivered to an elisor, the elisor shall execute and return the process in the same manner that the sheriff is required to execute similar process. The court or judge may at any time on the court's or judge's own motion appoint an elisor.