Mont. Code Ann. » TITLE 37. PROFESSIONS AND OCCUPATIONS · CHAPTER 61. ATTORNEYS AT LAW · Part 4. Provisions Regulating Practice
Montana Code Annotated

Mont. Code Ann. § 37-61-404 (2026)

Notice Of Change

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 37
  3. CHAPTER 61
  4. Part 4
  5. 37-61-404 Notice of change

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 61. ATTORNEYS AT LAW

Part 4. Provisions Regulating Practice

Notice Of Change

37-61-404. Notice of change. When an attorney is changed as provided in 37-61-403, written notice of the change and the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party. Until then, the adverse party shall recognize the former attorney.

History: En. Sec. 400, C. Civ. Proc. 1895; re-en. Sec. 6391, Rev. C. 1907; re-en. Sec. 8976, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 285; re-en. Sec. 8976, R.C.M. 1935; R.C.M. 1947, 93-2103; amd. Sec. 1433, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1986–2023 · leading case: Flesch v. Mcdonald S Restaurant, 2005 MT 235 (Mont. 2005).
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Flesch v. Mcdonald S Restaurant, 2005 MT 235 (Mont. 2005). · cites it 5× “Section 37-61-404, MCA: When an attorney is changed as provided in 37-61-403, written notice of the change and the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party.”
Montana Bank of Roundup, N.A. v. Benson, 717 P.2d 6 (Mont. 1986). “The court’s lack of authority to proceed is properly raised by Bensons on appeal.”
Marriage of Guenthner, 2023 MT 59N (Mont. 2023). · cites it 3× “Section 37-61-404, MCA, states: When an attorney is changed .”
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