1. MCA Contents
  2. TITLE 27
  3. CHAPTER 9
  4. Part 1
  5. 27-9-102 Requirement of signed, verified statement by defendant

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 9. CONFESSION OF JUDGMENT

Part 1. General Provisions

Requirement Of Signed, Verified Statement By Defendant

27-9-102. Requirement of signed, verified statement by defendant. A statement in writing must be made, signed by the defendant, and verified by the defendant's oath to the following effect:

(1) It must authorize the entry of judgment for a specified sum.

(2) If it is for money due or to become due, it must state concisely the facts out of which it arose and show that the sum confessed is justly due or to become due.

(3) If it is for the purpose of securing the plaintiff against contingent liability, it must state concisely the facts constituting the liability and show that the sum confessed does not exceed the contingent liability.

History: En. Sec. 298, p. 105, Bannack Stat.; amd. Sec. 353, p. 206, L. 1867; re-en. Sec. 427, p. 120, Cod. Stat. 1871; re-en. Sec. 453, p. 162, L. 1877; re-en. Sec. 453, 1st Div. Rev. Stat. 1879; re-en. Sec. 466, 1st Div. Comp. Stat. 1887; re-en. Sec. 2041, C. Civ. Proc. 1895; re-en. Sec. 7251, Rev. C. 1907; re-en. Sec. 9869, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1133; re-en. Sec. 9869, R.C.M. 1935; R.C.M. 1947, 93-9402; amd. Sec. 618, Ch. 56, L. 2009.