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This entry was published on 2014-09-22
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Relief from civil or criminal liability; exemption from civil process; security for costs
Military (MIL) CHAPTER 36, ARTICLE 11
§ 235. Relief from civil or criminal liability; exemption from civil
process; security for costs. 1. Members of the militia ordered into the
active service of the state pursuant to sections six and seven of this
chapter, shall not be liable civilly or criminally, for any act or acts
done by them in the performance of their duty. When an action or
proceeding of any nature shall be commenced in any court by any person
against any officer of the militia for any act done by him in his
official capacity in the discharge of any duty under this chapter, or an
alleged omission by him to do an act which it was his duty to perform,
or against any person acting under the authority or order of any such
officer, or by virtue of any warrant issued by him pursuant to law, the
defendant may require the person instituting or prosecuting the action
or proceeding to file security for the payment of costs that may be
awarded to the defendant therein, and the defendant in all cases may
make a general denial and give the special matter in evidence. A
defendant, in whose favor a final judgment is rendered in an action or a
final order is made in a special proceeding, shall recover treble costs.

2. No person belonging to the organized militia of the state shall be
arrested on any civil process while going to, remaining at, or returning
from any place at which he may be required to attend for military duty.