§ Rule 22(b) By substitution

Codes > Montana Code > Title 25 > Chapter 20 : IV Parties > Rule 22 : Rule 22(b)

Rule 22(b). By substitution

    A defendant against whom an action is pending upon a contract, or for specific real or personal property, at any time before answer, upon affidavit that a person not a party to the action and without collusion with the defendant makes against the defendant a demand for the same debt or property, upon due notice to such person and the adverse party, may apply to the court for an order to substitute such person in the defendant's place and to discharge the defendant from liability to either party on the defendant's depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct, and the court, in its discretion, may make the order.