Mont. R. App. P. 24

(1) Surety’s justification. A party may file an objection to the sufficiency of any bond

or undertaking within 30 days after the filing of such bond or undertaking. The

party filing the bond or undertaking, or the surety or sureties used by the party to

file the bond or undertaking, shall file a response with the district court within 20

days after the service of notice of any objection. The failure of the party filing the

bond or undertaking, or its surety or sureties, to file a response to the objection,

shall dissolve any stay preventing the execution of the judgment or order from

which the party filed the appeal.

(2) Enforcement of surety’s liability. The provisions of sections 25- 1-402, 25-13-

105, 33-26-101, 33-26-102, and 72-31-101 apply to cases on appeal that require an

undertaking or supersedeas bond with a surety.

(3) Proceedings against a surety. If a party gives security in the form of a bond or

stipulation or other undertaking with 1 or more sureties, each surety submits to the

jurisdiction of the district court and the supreme court and irrevocably appoints the

district court’s clerk as the surety’s agent on whom any papers affecting the surety’s

liability on the bond or undertaking may be served. On motion, a surety’s liability

may be enforced in the district court without the necessity of an independent action.

The motion and any notice that the district court or the supreme court prescribes

may be served on the clerk of the district court, who promptly must mail a copy to

each surety whose address is known.