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Rent Regulations

Cal. Civ. Code § 70-27-204

Amendment Of Complaint After Trial Begins

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

Operative Text

Cal. Civ. Code § 70-27-204
(1) When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.
(2) No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-27-204 governs what happens when evidence presented at trial in a forcible entry or unlawful detainer proceeding reveals a different offense than the one originally charged in the complaint. Under this provision, the judge is required to order the complaint amended on the spot to match what the evidence actually shows, and that amendment cannot come with any conditions or penalties attached. The proceeding generally continues without a pause unless the defendant files an affidavit demonstrating good cause for a delay.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-27-204, a landlord pursuing a forcible entry or unlawful detainer action should be aware that the complaint can be amended mid-trial if the evidence reveals a different qualifying offense than originally pleaded. Compliant operators typically ensure their evidence is well-documented so that the record accurately reflects the nature of the alleged conduct, whatever form it takes. Because the statute allows amendment without terms or conditions, the proceeding can move forward efficiently even if the pleadings need to be corrected.

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. § 70-27-204 gives defendants in forcible entry or unlawful detainer proceedings a procedural protection: if the complaint is amended at trial to reflect a different offense, the defendant has the right to seek a continuance by filing an affidavit showing good cause for needing more time. Tenants who find themselves facing a mid-trial amendment may want to understand what constitutes 'good cause' under Montana courts' interpretation of this section. Tenant-rights organizations or legal aid services can help explain how this procedural rule may apply in a given type of case.

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

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0020/section_0040/0700-0270-0020-0040.html
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