Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 1. GENERAL PROVISIONS · Part 1. Civil Actions -- Form and Commencement
Montana Code Annotated

Mont. Code Ann. § 25-1-104 (2026)

Failure To Prosecute -- Dismissal On Initiative Of Court

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 1
  4. Part 1
  5. 25-1-104 Failure to prosecute -- dismissal on initiative of court

TITLE 25. CIVIL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS

Part 1. Civil Actions -- Form and Commencement

Failure To Prosecute -- Dismissal On Initiative Of Court

25-1-104. Failure to prosecute -- dismissal on initiative of court. In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.

History: En. Sec. 1, Ch. 17, L. 2011.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: ECI Credit, LLC v. Diamond S Inc., 2018 MT 183, 422 P.3d 691.
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ECI Credit, LLC v. Diamond S Inc., 2018 MT 183, 422 P.3d 691. · cites it 28× “ECI offered no explanation why it had taken no action after the summary judgment order, but argued the District Court could not dismiss the action pursuant to § 25-1-104, MCA, because it had not given the parties notice and allowed them the opportunity to recommence prosecution.”
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