Cal. Civ. Code § 70-27-202

Actions In Justice's Court To Be Tried Within 10 Days

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaSummary Process

Operative Text

Cal. Civ. Code § 70-27-202
(1) Actions filed in justice's court under this chapter shall be tried within 10 days after the appearance or answer date stated in the summons unless the defendant applying for a continuance shall give an undertaking to the adverse party with good and sufficient security to be approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment be rendered against the defendant.
(2) The plaintiff and defendant may stipulate to a continuance of the trial beyond the limit of this section without the necessity of an undertaking.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-27-202 establishes a fast-track timeline for eviction-related cases filed in justice's court: the trial must generally be held within 10 days of the appearance or answer date listed in the summons. A defendant can obtain a delay beyond that window only by posting a secured undertaking that guarantees payment of any damages and rent that might be owed if they lose. Alternatively, both parties can mutually agree in writing to extend the trial date without requiring any such security.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-27-202, landlords who file eviction actions in justice's court can generally expect a trial to be scheduled within 10 days of the summons's appearance or answer date, making the process relatively swift. If a tenant requests a continuance, a compliant landlord is aware that the court must approve adequate security—an undertaking—to protect against accruing rent and damages during any delay. Landlords also have the option to stipulate jointly with the tenant to extend the trial date without requiring that undertaking, which can be useful when both sides need additional time to prepare.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-27-202 gives tenants facing eviction proceedings in justice's court the right to request a continuance beyond the standard 10-day trial window, provided they post a court-approved undertaking securing payment of any rent or damages that could be owed if judgment goes against them. Tenants who cannot or choose not to post that security may still negotiate a mutual stipulation with the landlord to extend the trial date, which requires no undertaking. Tenants navigating these timelines may benefit from consulting a tenant-rights organization or legal aid provider familiar with Montana's justice's court procedures.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-27-103
Mont. Code Ann. § 70-27-111
Mont. Code Ann. § 70-27-205

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information