Table of Contents TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING CHAPTER 5. GAMBLING Part 1. General Provisions, Proceedings, and Penalties

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23-5-101 — Renumbered . 23-5-112, 23-5-102 — Renumbered . 23-5-151, 23-5-103 — Renumbered . 23-5-152, 23-5-104 — Renumbered . 23-5-153, 23-5-108 — Renumbered . 23-5-154, 23-5-110 — Public policy of state co... 23-5-111 — Construction and applicat... 23-5-112 — Definitions 23-5-113 — Department as criminal ju... 23-5-114 — Department employees -- a... 23-5-115 — Powers and duties of depa... 23-5-116 — Disclosure of information 23-5-117 — Premises approval 23-5-118 — Transfer of ownership int... 1 23-5-119 — Appropriate alcoholic bev... 23-5-123 — Disposal of fines and pen... 23-5-128 — Distributor's license --... 23-5-129 — Route operator's license... 23-5-130 — Allowable compensation fo... 23-5-131 — Losses at illegal gamblin... 23-5-135 — Discharge of defendant 23-5-136 — Injunction and other reme... 23-5-137 — Judicial review 23-5-138 — Evidence in administrativ... 23-5-151 — Gambling prohibited 23-5-152 — Possession of illegal gam... 23-5-153 — Possession and sale of an... 23-5-154 — Soliciting participation... 23-5-155 — Counterfeiting or defacin... 23-5-156 — Offering or obtaining any... 23-5-157 — Gambling on cash basis --... 23-5-158 — Minors not to participate... 23-5-159 — Illegal sale, assignment,... 23-5-160 — Shaking dice for a drink... 23-5-161 — Criminal liabilities -- m... 23-5-162 — Criminal liabilities -- f... 23-5-164 — Payroll checks -- promoti... 23-5-165 — Fishing derbies and wager... 23-5-171 — Authority of local govern... 23-5-172 — Prosecution 1 23-5-176 — Qualifications for licens... 23-5-177 — Operator of gambling esta... 23-5-178 — Associated gambling busin... 23-5-180 — Property subject to forfe... 23-5-181 — Petition -- summons -- se... 23-5-182 — Effect of failure to answ... 23-5-183 — Rebuttable presumption of... 23-5-184 — Disposition of property 23-5-185 — Pursuing violation by or...

Mont. Code Ann. § 23-5-181

(2011)

Petition -- summons -- service -- answer

(1) A peace officer that seizes personal property under 23-5-180 shall within 45 days of the seizure file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurred. The clerk shall issue a summons, which the petitioning party shall by one of the following methods serve upon each owner or claimant of the personal property:

(a) upon an owner or claimant whose name and address are known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;

(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the department.

(2) Within 20 days after service under subsection (1), the owner or claimant of the seized property may file a verified answer to the allegations concerning the use of the property described in the petition. An extension of time for filing the answer may not be granted. Failure to answer within 20 days bars the owner or claimant from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.

Official Annotations archive.org, 2011 edition

History:

EnactedEn. SectionSec. 2, ChapterCh. 134, Laws ofL. 2005 (SB 84 - Squires, Carolyn (D) SD 48)

Source text on leg.mt.gov