28-2-709. Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default. (1) No contract in writing by which any promise to pay money is created shall contain any provision either empowering any person to enter judgment by confession against any party to the contract or empowering any person as the agent of any party to the contract to either confess judgment, accept service of process, or consent on behalf of such party to the entry of his default in any proceeding in court upon such contract. Every such provision in any such contract shall be illegal and void and shall be unenforceable in the courts of this state against any party to such contract.
     (2) The term "contract", as used in this section, shall include all writings executed contemporaneously with and constituting a part of the same transaction, whether such writings be negotiable or nonnegotiable in form.

     History: En. Sec. 1, Ch. 197, L. 1935; re-en. Sec. 7562.1, R.C.M. 1935; R.C.M. 1947, 13-811.