Mont. Code Ann. § 25-3-502 — MT Code / Title 25 / Chapter 3 / Part 5 / Section 25-3-502
25-3-502 Publication to be once a week
Status: in_force

25-3-502 . Publication to be once a week. Where not otherwise expressly prescribed by law, all rules, orders, and decrees of court, summonses, and notices of all kinds, whether given by any court, judge, or clerk thereof or by any other officer, board, or commission, which by the laws of this state are required to be published in any newspaper shall be published once a week during the time prescribed by law for publication thereof, whether such publication be made in a weekly, semiweekly, triweekly, or daily newspaper.
Mont. Code Ann. § 25-31-906 — MT Code / Title 25 / Chapter 31 / Part 9 / Section 25-31-906
25-31-906 Judgment when amount found due exceeds the jurisdiction of the court
Status: in_force

25-31-906 . Judgment when amount found due exceeds the jurisdiction of the court. When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess and judgment may be entered for the residue.
Mont. Code Ann. § Rule 15 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 15
Rule 15 Time for decision and oral argument
Status: in_force

Rule 15 . Time for decision and oral argument.

(a) District courts time for decision. The district court shall consider and decide appeals brought under these rules within a reasonable period of time after the filing of the reply brief permitted.

(b) Decision. The district court shall render a decision upon the record and briefs on appeal. The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the municipal court from which the appeal was taken. The decision of the district court may be by order or by memorandum opinion. Form 3 in the Appendix of Forms is an example of disposition by order.

(c) Oral argument. Oral argument shall not be held except on order of the district court.

(d) Protective orders. A municipal court order issued pursuant to §§ 40-4-121 or 40-15-201 , MCA, is immediately reviewable at chambers by the district court upon filing a notice of appeal. The district court may affirm, dissolve, or modify an order of the municipal court.
Mont. Code Ann. § 25-14-301 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-301
25-14-301 Persons imprisoned to be discharged
Status: in_force

25-14-301 . Persons imprisoned to be discharged. Any person confined in jail on an execution issued on a judgment rendered in a civil action must be discharged therefrom upon the conditions of this part specified.
Mont. Code Ann. § 25-4-313 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-313
25-4-313 Notice to defendant when no request for statement
Status: in_force

25-4-313 . Notice to defendant when no request for statement. If no request is made for such a statement setting forth the nature and amount of damages being sought, the claimant shall give notice to the defendant of the amount of special and general damages sought to be recovered:

(1) before a default may be taken; or

(2) in the event an answer is filed, at least 45 days prior to the date set for the trial.
Mont. Code Ann. § 25-3-503 — MT Code / Title 25 / Chapter 3 / Part 5 / Section 25-3-503
25-3-503 What suffices as once a week
Status: in_force

25-3-503 . What suffices as once a week. Whenever any statute of Montana requires the publication of any notice, order, or other paper or document in any newspaper once a week for any specified number of weeks, it shall be sufficient to so publish the same once each week for such number of times as shall equal the number of weeks so designated.
Mont. Code Ann. § Rule 29 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 29
Rule 29 Suspension of the rules
Status: in_force

Rule 29 . Suspension of the rules.

(1) Application for suspension. In the interest of expediting decision on any matter before it, or for other good cause shown, the supreme court may, except as otherwise provided in section (2) of this rule, suspend the requirements or provisions of these rules on application of a party supported by affidavit, and may order proceedings in accordance with its direction.

(2) Exceptions. This rule may not be invoked with respect to proceedings governed by rule 7. Any request for an out-of-time appeal shall be governed solely by rule 4(6).
Mont. Code Ann. § 25-2-117 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-117
25-2-117 Multiple defendants
Status: in_force

25-2-117 . Multiple defendants. If there are two or more defendants in an action, a county that is a proper place of trial for any defendant is proper for all defendants, subject to the power of the court to order separate trials under Rule 42(b) of the Montana Rules of Civil Procedure. If an action with two or more defendants is brought in a county that is not a proper place of trial for any of the defendants, any defendant may make a motion for change of place of trial to any county which is a proper place of trial.
Mont. Code Ann. § 25-4-403 — MT Code / Title 25 / Chapter 4 / Part 4 / Section 25-4-403
25-4-403 Counterclaim in action on contract
Status: in_force

25-4-403 . Counterclaim in action on contract. A counterclaim on a contract is subject to the following rules:

(1) Except as otherwise provided by the Uniform Commercial Code, if the action is founded upon a contract that has been assigned by the party to the contract, a demand existing against the party to the contract or an assignee of the contract at the time of the assignment and belonging to the defendant, in good faith, before notice of the assignment must be allowed as a counterclaim to the amount of the plaintiff's demand if it might have been allowed against the party or the assignee while the contract belonged to the party or the assignee.

(2) If the plaintiff is a trustee for another or if the action is in the name of the plaintiff who has no actual interest in the contract upon which it is founded, a demand against the plaintiff may not be allowed as a counterclaim, but so much of a demand existing against the person whom the plaintiff represents or for whose benefit the action is brought as will satisfy the plaintiff's demand must be allowed as a counterclaim if it might have been allowed in an action brought by the person beneficially interested.
Mont. Code Ann. § 25-40-109 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-109
25-40-109 Low-income parties
Status: in_force

25-40-109 . Low-income parties. (1) The disqualification provision contained in 25-40-108 (1) applies to a collaborative lawyer representing a party with or without a fee.

(2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under 25-40-108 (1) is associated may represent a party without a fee in the collaborative matter or a matter related to the collaborative matter if:

(a) the party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

(b) the collaborative law participation agreement so provides; and

(c) the collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
Mont. Code Ann. § 25-10-301 — MT Code / Title 25 / Chapter 10 / Part 3 / Section 25-10-301
25-10-301 Determining compensation of attorneys
Status: in_force

25-10-301 . Determining compensation of attorneys. The measure and mode of compensation of attorneys and counselors at law is left to agreement, express or implied, of the parties, except that in probate proceedings the court may fix and allow the compensation of attorneys representing administrators, executors, guardians, trustees, and agents appointed by the court. But parties to actions or proceedings are entitled to costs and disbursements as provided by law.
Mont. Code Ann. § Rule 21 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 21
Rule 21 Entry of judgment
Status: in_force

Rule 21 . Entry of judgment.

A. GROUNDS. A judge shall enter judgment in the docket of the court in the following circumstances:

(1) Offer to compromise before trial. If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against the defendant for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. However, if the plaintiff does not accept the offer before the trial and fails to recover in the action a sum in excess of the offer, the plaintiff cannot recover costs. In such a case, costs must be adjudged against the plaintiff and, if the plaintiff recovers, be deducted from the plaintiff's recovery. The offer and failure to accept may not be given in evidence or affect the recovery except as to costs.

(2) Judgment of dismissal without prejudice. Judgment that the action be dismissed without prejudice to a new action may be entered with costs against the plaintiff in the following cases:

(a) when the plaintiff voluntarily dismissed the action, at or before the close of the plaintiff's evidence, when there is no counterclaim;

(b) when the plaintiff fails to amend the complaint within the time allowed by the court;

(c) for improper venue under Rule 3B of these rules.

(3) Judgment by confession. Judgment by confession must be as provided for in Title 27, chapter 9.

(4) Judgment on pleadings. After the pleadings are closed but within a time as not to delay the trial, any party may move for judgment on the pleadings. Matters outside the pleadings may not be presented to the court. A court may grant judgment on the pleadings for either party. The court may only grant judgement on the pleadings if the pleadings themselves construed in the light most favorable to the party opposing the judgment, show that it would be impossible for the party against whom the judgment is entered to prevail at trial.

(5) Summary judgment. Either party may move for, and the judge may grant, summary judgment on one or more of the issues raised by the pleadings. In so moving, responding to the motion, and ruling on the motion, the parties and the court shall follow the procedures specified in Rule 56 of M.R.Civ.P.

(6) Upon verdict. After a trial by jury, the judge shall enter judgment at once in conformity with the verdict.

(7) After trial by judge. When the trial is by the judge, the judge shall enter judgment within 30 days.

(8) By default.

(a) (1) When a party against whom a judgment for affirmative relief is sought has failed to answer or reply as provided by these rules upon written motion by the plaintiff or counterclaiming defendant, the judge or clerk must enter the default against such party.

(2) When a default has been entered against a defendant for failure to answer and if the plaintiff's claim against the defendant is for a sum certain or for a sum that can by computation be made certain, upon the plaintiff's written request stating the amount due, the judge or clerk must enter judgment for that amount and costs against the defaulted defendant.

(b) If in order to enable the court to enter judgment or to carry it into effect it is necessary to determine the amount of damages or to establish the truth of any allegation by evidence, the court may conduct hearings it considers necessary and proper.

(c) A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment in the complaint or counterclaim.

B. MULTIPLE DEFENDANTS. The court shall enter judgment only against those over whom it has obtained jurisdiction.
Mont. Code Ann. § 25-4-201 — MT Code / Title 25 / Chapter 4 / Part 2 / Section 25-4-201
25-4-201 Description of real property in complaint
Status: in_force

25-4-201 . Description of real property in complaint. In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it.
Mont. Code Ann. § 25-2-111 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-111
25-2-111 Scope of part
Status: in_force

25-2-111 . Scope of part. The proper place of trial (venue) of a civil action is in the county or counties designated in this part.
Mont. Code Ann. § 25-31-523 — MT Code / Title 25 / Chapter 31 / Part 5 / Section 25-31-523
25-31-523 Variance
Status: in_force

25-31-523 . Variance. A variance between the proof on the trial and the allegations in pleading must be disregarded as immaterial unless the court is satisfied that the adverse party has been misled to the party's prejudice by the variance.
Mont. Code Ann. § Rule 19 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 19
Rule 19 Order of trial
Status: in_force

Rule 19 . Order of trial.

In a nonjury trial or in a jury trial after the jury has been impaneled, the trial must proceed in the following order, unless the court, for good cause, otherwise directs:

(1) The party on whom rests the burden of the issues may briefly state a case and the evidence by which the party expects to sustain it.

(2) The adverse party may next briefly state a defense and the evidence the party expects to offer in support of it, or the party may reserve the opening statement for the beginning of the case.

(3) The party on whom rests the burden of the issues must first produce evidence. The adverse party will then produce evidence.

(4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case.

(5) The court shall charge the jury with its duties, instructing it in all matters of law that it finds necessary for the jury's information in rendering a verdict. Proposed instructions may be offered to the court by the parties. Instructions shall be offered if ordered at the pretrial conference.

(6) (a) The order for final argument is plaintiff, defendant, and rebuttal by plaintiff of defendant's argument. No further argument is allowed. If several defendants having several defenses appear by different counsel, the court shall determine their relative order in the evidence and argument.

(b) In arguing the case to the jury, a party or counsel may argue and comment upon the law of the case as given in the instructions of the court, as well as upon the evidence in the case.
Mont. Code Ann. § 25-31-704 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-704
25-31-704 Postponement by consent of parties
Status: in_force

25-31-704 . Postponement by consent of parties. The court may, by the consent of the parties given in writing or in open court, postpone the trial to a time agreed upon by the parties.
Mont. Code Ann. § 25-9-102 — MT Code / Title 25 / Chapter 9 / Part 1 / Section 25-9-102
25-9-102 Judgment for or against married person
Status: in_force

25-9-102 . Judgment for or against married person. Judgment for or against a married person may be rendered and enforced as if such person were single.
Mont. Code Ann. § 25-8-101 — MT Code / Title 25 / Chapter 8 / Part 1 / Section 25-8-101
25-8-101 When court may order deposit or delivery
Status: in_force

25-8-101 . When court may order deposit or delivery. When it is admitted by the pleading or shown upon the examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery that, being the subject of the litigation, is held by the party as trustee for another party or that belongs or is due to another party, the court may order the money or thing, upon motion, to be deposited in court or delivered to the party upon conditions that may be just, subject to the further direction of the court.
Mont. Code Ann. § 25-35-804 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-804
25-35-804 Record on appeal
Status: in_force

25-35-804 . Record on appeal. (1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal.

(2) When notice of appeal is filed, the justice shall forward the electronic recording or transcript of the stenographic record of the proceedings to the district court, together with the original papers filed, certified by the justice to be accurate and complete. When the record is transferred to the clerk of the district court, the justice shall notify the parties in writing.
Mont. Code Ann. § 25-31-409 — MT Code / Title 25 / Chapter 31 / Part 4 / Section 25-31-409
25-31-409 Limitation on dismissal -- alias summons
Status: in_force

25-31-409 . Limitation on dismissal -- alias summons. (1) A case is not subject to dismissal by the court for nonservice or failure to proceed during the time that the summons is valid.

(2) If the summons is returned without being served upon any or all of the defendants, the justice, upon the request of the plaintiff, may issue an alias summons in the same form as the original. The justice may, within 2 years from the date of the filing of the complaint, issue as many alias summonses as may be requested by the plaintiff.
Mont. Code Ann. § Rule 1 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 1
Rule 1 Title and scope
Status: in_force

Rule 1 . Title and scope.

(1) These rules shall be referred to as the Montana Rules of Appellate Procedure and shall be cited as M. R. App. P.

(2) These rules shall govern proceedings before the supreme court.
Mont. Code Ann. § 25-35-803 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-803
25-35-803 Appeal to district court -- commencement and scope
Status: in_force

25-35-803 . Appeal to district court -- commencement and scope. (1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a copy of the notice of appeal on the adverse party within 10 days after entry of judgment.

(2) There may not be a trial de novo in the district court. The appeal must be limited to questions of law.
Mont. Code Ann. § Rule 14 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 14
Rule 14 Chief District Judge
Status: in_force

Rule 14 - Chief District Judge.

(a) In a multijudge district court of Montana, a chief district judge shall be selected at the beginning of each calendar year, and the position shall rotate among the judges of the district annually, unless they agree otherwise. The rotation shall commence with the most senior district judge.

(b) The duties of the chief district judge shall be to provide for the efficient management of the district court business, in cooperation with the other judges of the district.
Mont. Code Ann. § 25-31-406 — MT Code / Title 25 / Chapter 31 / Part 4 / Section 25-31-406
25-31-406 Time for answer or appearance
Status: in_force

25-31-406 . Time for answer or appearance. The time specified in the summons for the appearance of the defendant must be as follows:

(1) if an order of arrest is endorsed upon the summons, immediately;

(2) in all other cases, the summons must provide that the defendant shall answer in writing, file the answer, and serve a copy upon the plaintiff or the plaintiff's attorney within 20 days after service of the summons, exclusive of the day of service, and in case of the defendant's failure to appear or answer, judgment will be taken against the defendant by default for the relief demanded in the complaint.
Mont. Code Ann. § 25-9-611 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-611
25-9-611 Effect of recognition of foreign-country judgment
Status: in_force

25-9-611 . Effect of recognition of foreign-country judgment. If the court in a proceeding under 25-9-610 finds that the foreign-country judgment is entitled to recognition under this part then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and

(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
Mont. Code Ann. § 25-4-204 — MT Code / Title 25 / Chapter 4 / Part 2 / Section 25-4-204
25-4-204 Time for amendment or reply after motion on pleading
Status: in_force

25-4-204 . Time for amendment or reply after motion on pleading. When a motion concerning a pleading is sustained or overruled and time to amend, answer, or reply is given, the time so given runs from service of notice of the decision or order, except when the party against whom the decision is made is in court. In such case the time runs from the making of the decision or order.
Mont. Code Ann. § 25-7-701 — MT Code / Title 25 / Chapter 7 / Part 7 / Section 25-7-701
25-7-701 Oath of referee
Status: in_force

25-7-701 . Oath of referee. Each referee, before acting, shall take and subscribe an oath or affirmation before some authorized officer, which must be filed with the clerk of the court that appointed the referee, that the referee will honestly, impartially, and faithfully perform the duties of referee in the action or matter referred to the referee, as required by law, to the best of the referee's knowledge and ability.
Mont. Code Ann. § 25-4-401 — MT Code / Title 25 / Chapter 4 / Part 4 / Section 25-4-401
25-4-401 Counterclaim by person sued in representative capacity
Status: in_force

25-4-401 . Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.
Mont. Code Ann. § 25-13-824 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-824
25-13-824 Enjoining injury to property after sale and before conveyance
Status: in_force

25-13-824 . Enjoining injury to property after sale and before conveyance. The court or judge may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property after a sale on execution, before a conveyance.
Mont. Code Ann. § 25-31-908 — MT Code / Title 25 / Chapter 31 / Part 9 / Section 25-31-908
25-31-908 Judgment when defendant subject to arrest
Status: in_force

25-31-908 . Judgment when defendant subject to arrest. When the judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, the fact that the defendant is so subject must be stated in the judgment.
Mont. Code Ann. § Rule 12 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 12
Rule 12 Joinder of claims and parties necessary for just adjudication
Status: in_force

Rule 12 . Joinder of claims and parties necessary for just adjudication.

A. INVOLUNTARY JOINDER. A person subject to service of process must be joined if in the person's absence:

(1) complete relief cannot be accorded among those already parties;

(2) the person will not be able to protect the person's interest in the subject of the action without being named; or

(3) there is the likelihood of double, multiple, or otherwise inconsistent obligations incurred by reason of the person's claimed interest.

B. PERMISSIVE JOINDER. All persons may join in an action if they assert any right to relief, whether jointly or as individuals, arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or of fact common to all will arise in the action.

C. MISJOINDER. Misjoinder of parties not grounds for dismissal. The judge may add or dismiss parties by order either on motion of a party or on the judge's own initiative at any stage of the proceedings and on terms that are just. Claims against a party or parties may be added or severed and proceed to joint or separate trials as considered necessary by the judge in order to render a full adjudication of all claims in an orderly manner.

D. CLASS ACTIONS. Class actions may not be permitted in justice or city court proceedings.
Mont. Code Ann. § 25-7-222 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-222
25-7-222 Challenges to the array or panel
Status: in_force

25-7-222 . Challenges to the array or panel. (1) A challenge to the array or panel may be made and the whole array or panel set aside by the court when the jury was not selected, drawn, summoned, or notified as prescribed by law. It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors.

(2) There can be only one challenge on a side to the array or panel, which may be made by one or more of the parties.
Mont. Code Ann. § 25-9-401 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-401
25-9-401 Definitions
Status: in_force

25-9-401 . Definitions. In this part:

(1) "future damages" includes damages for future medical treatment, care, or custody, loss of future earnings, and future pain and suffering of the judgment creditor; and

(2) "periodic payment" means the payment of money to the judgment creditor at regular intervals.
Mont. Code Ann. § 25-13-201 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-201
25-13-201 Judgments for money or possession of property
Status: in_force

25-13-201 . Judgments for money or possession of property. When the judgment is for money or the possession of real or personal property, the judgment may be enforced by a writ of execution. If the judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor after the return of an execution against the judgment debtor's property unsatisfied in whole or in part.
Mont. Code Ann. § 25-13-822 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-822
25-13-822 Rents and profits during redemption period -- accounting
Status: in_force

25-13-822 . Rents and profits during redemption period -- accounting. (1) The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of the redemptioner's redemption until another redemption, are entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation of the property. However, when any rents or profits have been received by the judgment creditor or purchaser or the creditor's or purchaser's assigns from the property sold preceding the redemption, the amount of the rents and profits must be a credit upon the redemption money to be paid. Any payments made under 25-13-802 (2) and (3) must be subtracted from the credit for rents and profits.

(2) If the redemptioner or judgment debtor, before the expiration of the time allowed for redemption, demands in writing of the purchaser or creditor or the purchaser's or creditor's assigns a written and verified statement of the amount of the rents and profits received, the period for redemption is extended 5 days after the sworn statement is given by the purchaser or the purchaser's assigns to the redemptioner or debtor. If the purchaser or the purchaser's assigns, for a period of 1 month from and after the demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction to compel an accounting and disclosure of the rents and profits, and until 15 days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor.
Mont. Code Ann. § 25-9-612 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-612
25-9-612 Statute of limitations
Status: in_force

25-9-612 . Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country.
Mont. Code Ann. § Rule 1 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 1
Rule 1 Form of Papers Presented for Filing
Status: in_force

Rule 1 - Form of Papers Presented for Filing.

(a) Papers Defined. The word "papers" as used in this Rule includes all documents and copies except exhibits and records on appeal from lower courts.

(b) Pagination, Printing, Etc. All papers shall be:

(1) Typewritten, printed or equivalent;

(2) Clear and permanent;

(3) Equally legible to printing;

(4) Of type not smaller than pica;

(5) Only on standard quality opaque, unglazed, recycled paper, 8 1/2" x 11" in size.

(6) Printed one side only, except copies of briefs may be printed on both sides. The original brief shall be printed on one side.

(7) Lines unnumbered or numbered consecutively from the top;

(8) Spaced one and one-half or double;

(9) Page numbered consecutively at the bottom; and

(10) Bound firmly at the top. Matters such as property descriptions or direct quotes may be single spaced. Extraneous documents not in the above format and not readily conformable may be filed in their original form and length.

(c) Format. The first page of all papers shall conform to the following:

(1) Commencing at line 1 at the left margin, single spaced, shall be the name of the attorney or party responsible for the pleadings, together with the telephone number and complete mailing address for service of papers.

(2) Lines 1 through 7 of the right one-half of the page shall be left blank for the use of the clerk.

(3) On or below line 8, the title of the court.

(4) Commencing at line 9 or below on the left, the title of the case.

(5) On the right and opposite the title of the case, the case number and identification of the document being filed.

(6) Nonconforming papers may not be filed without leave of the court.

(d) Changes, Conformance of Copies. Additions, deletions or interlineations shall be initialed by the clerk or judge at the time of filing. All copies served shall conform to the original as filed.
Mont. Code Ann. § 25-14-305 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-305
25-14-305 Interrogatories directed to prisoner by plaintiff
Status: in_force

25-14-305 . Interrogatories directed to prisoner by plaintiff. The plaintiff in the action may, upon such examination, propose to the prisoner any such interrogatories pertinent to the inquiry; and they must, if required by the plaintiff, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner.
Mont. Code Ann. § Rule 13 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 13
Rule 13 Filing and service of briefs
Status: in_force

Rule 13 . Filing and service of briefs.

(1) Time for filing briefs. The appellant shall serve and file a brief within 30 days after the date on which the record is filed. The appellee shall serve and file an answer brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee. If a cross-appeal is filed and appellant desires to file a reply brief in appellant's appeal, appellant shall serve and file a combined reply brief in appellant's appeal and an answer brief in the cross-appeal within 30 days after service of the brief of the cross-appellant.

(2) Number of copies to be filed and served. For briefs containing no confidential information, a signed original and 9 copies of each brief shall be filed with the clerk of the supreme court unless otherwise ordered by the supreme court, and 1 copy of each brief shall be served on each party. For briefs containing confidential information, a signed unredacted original filed under seal and 7 copies of the unredacted original shall be filed along with 2 copies of the redacted brief for public access. 1 copy of the redacted and 1 copy of the uredacted versions of the brief shall be served on each party. The clerk of the supreme court will not accept a brief for filing unless it is accompanied by a certificate of service as required by rule 10. If a separate appendix is filed as allowed under rule 12(5), an original and 7 copies of the appendix shall be filed.

(3) Consequences of failure to file briefs. If an appellant fails to file a brief within the time provided by this rule, or within any extended time, an appellee may move for dismissal of the appeal.
Mont. Code Ann. § 25-13-714 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-714
25-13-714 Validation of defective judicial sales
Status: in_force

25-13-714 . Validation of defective judicial sales. All judicial sales of real property prior to January 1, 1973, provided no action is pending on July 1, 1973, to set such sale aside, where made in this state on proceedings to satisfy valid judgments or decrees of any court and the moneys bidden thereon paid to the officer making such sale, shall be valid and sufficient in law to sustain a sheriff's deed based on such sale and, when no such deed has been executed, shall entitle such purchaser to such deed; and such deed, if now or when executed, shall be sufficient to convey all the title of the judgment debtor at the time of such sale in the premises so sold to the purchaser at said sale, and all defects or irregularities in the issuance of execution, the manner of making or conducting the sale, or the recitals or references in such deed shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.
Mont. Code Ann. § 25-13-404 — MT Code / Title 25 / Chapter 13 / Part 4 / Section 25-13-404
25-13-404 Return of the execution
Status: in_force

25-13-404 . Return of the execution. (1) Except as provided in 25-13-402 (6) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying officer following imposition of levy, as provided in 25-13-402 .

(2) The writ of execution issued by the county treasurer under 15-16-401 may be made returnable, at any time not less than 10 or more than 120 days after its receipt by the sheriff, to the county treasurer of the county in which the writ was issued.

(3) In compliance with the provisions of subsection (1) and in lieu of returning the writ of execution to the clerk of the court, the sheriff may enclose the return of the writ in an envelope to the officer, agent, or attorney who sent it and deposit it in the post office, prepaying the postage.
Mont. Code Ann. § 25-13-607 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-607
25-13-607 Claim enforceable against exempt property
Status: in_force

25-13-607 . Claim enforceable against exempt property. Notwithstanding any other provision of this part, a creditor may levy against exempt property to enforce a claim for:

(1) the purchase price of the property; or

(2) a loan made for the express purpose of enabling the judgment debtor to purchase the property and used for that purpose.
Mont. Code Ann. § 25-9-506 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-506
25-9-506 Fees
Status: in_force

25-9-506 . Fees. (1) Except as provided for in subsection (2), a person filing a foreign judgment shall pay to the clerk of court a fee of $60.

(2) Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court.

(3) Fees collected by the clerk of district court must be forwarded to the department of revenue for deposit in the state general fund.
Mont. Code Ann. § Rule 12 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 12
Rule 12 Filing and service
Status: in_force

Rule 12 . Filing and service.

(a) Filing. Papers required or permitted to be filed must be placed in the custody of the clerk within the time fixed for filing. Filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the papers are actually received within the time fixed for filing.

(b) Service of all papers required. Copies of all papers, including any transcript, filed by any party and not required by these rules to be served by the clerk shall, at or before the time of filing, be served by the party or person acting for such party on all other parties to the appeal. Service on a party represented by counsel shall be made on counsel.

(c) Manner of service. Service may be personal or by mail. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail is complete on mailing.

(d) Proof of service. Papers presented for filing shall contain acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgment of proof of service but shall require such to be filed promptly thereafter.

(e) Number of copies to be filed. A signed original shall be filed with the clerk of the district court unless otherwise ordered by the court.
Mont. Code Ann. § 25-13-804 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-804
25-13-804 Redemption by stockholder or corporation
Status: in_force

25-13-804 . Redemption by stockholder or corporation. (1) If a stockholder of a corporation redeems, the corporation, within 1 year after the date of sale, may redeem by paying to the redemptioner or the sheriff for the stockholder's benefit the amount paid to effect the redemption, with interest on that amount at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of payment, together with any taxes or assessments that may have been paid by the redemptioner, with interest at the same rate on the amount of the payment.

(2) When a stockholder redeems, any other stockholder or stockholders may, at any time after the redemption and within 60 days after the expiration of 1 year from the date of sale, contribute to the redemption by paying to the redeeming stockholder or depositing with the sheriff for the redeeming stockholder's benefit a sum that bears the same proportion to the amount necessary to redeem that the number of shares owned by the contributing stockholder or stockholders bears to the number of shares of the corporation outstanding, with interest on the sum from the date of redemption until the date of contribution at the rate established by the judgment in the action that led to the execution sale, together with a similar proportion of the taxes or assessments paid by the redeeming stockholder, with interest at the same rate. If the corporation does not redeem the property within the time and in the manner and form as described in this section, the redeeming and contributing stockholders are entitled to receive a sheriff's deed for the property redeemed and shall succeed to the property as tenants in common in the proportions, respectively, that they shall respectively pay or contribute to the redemption. The redeeming or contributing stockholder shall, in all cases when applying to redeem or contribute, present an affidavit setting forth the number of shares of stock owned by the stockholder and, to the best of the stockholder's knowledge, the number of shares of stock of the corporation outstanding.
Mont. Code Ann. § Rule 23 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 23
Rule 23 Undertaking for costs on appeal
Status: in_force

Rule 23 . Undertaking for costs on appeal.

(1) The district court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to insure payment of costs on appeal in a civil case. The provisions of rule 24 apply to a surety upon a bond given pursuant to this rule.

(2) No undertaking for costs is required in appeals in criminal cases.
Mont. Code Ann. § 25-14-105 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-105
25-14-105 Requiring witnesses to testify
Status: in_force

25-14-105 . Requiring witnesses to testify. Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under parts 1 and 2 of this chapter, in the same manner as upon the trial of an issue.
Mont. Code Ann. § 25-31-708 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-708
25-31-708 Deposition of witnesses upon postponement
Status: in_force

25-31-708 . Deposition of witnesses upon postponement. The party making the application must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance may be then taken by deposition before the justice and that the testimony so taken may be read on trial with the same effect and subject to the objections as if the witness were produced.
Mont. Code Ann. § 25-15-103 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-103
25-15-103 Affidavit to accompany summons -- new complaint unnecessary
Status: in_force

25-15-103 . Affidavit to accompany summons -- new complaint unnecessary. The summons must be accompanied by an affidavit of the plaintiff or the plaintiff's agent, representative, or attorney that the judgment or some part of the judgment remains unsatisfied and must specify the amount due. It is not necessary to file a new complaint.
Mont. Code Ann. § 25-4-101 — MT Code / Title 25 / Chapter 4 / Part 1 / Section 25-4-101
25-4-101 Motions and orders -- where made
Status: in_force

25-4-101 . Motions and orders -- where made. (1) Motions must be made in the county in which the action is brought or in any adjoining county in the same district. In the absence of the judge of the district from the district or in an action pending in which the judge is disqualified to act, a motion may be made before the judge of any adjoining district unless there is another judge in the same district who is not disqualified to act. In that case, a motion must be made before another judge in the same district.

(2) Orders made out of court may be made by the judge of the court in any part of the state.
Mont. Code Ann. § Rule 20 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 20
Rule 20 Notice of trial
Status: in_force

Rule 20 . Notice of trial.

After all parties served with process have appeared or some have appeared and the remaining have been defaulted, the judge, upon request of any party, shall fix a day for trial of the cause and shall provide notice of the trial date to the plaintiffs and defendants who have appeared.
Mont. Code Ann. § 25-15-202 — MT Code / Title 25 / Chapter 15 / Part 2 / Section 25-15-202
25-15-202 Effect of discharge -- right of contribution
Status: in_force

25-15-202 . Effect of discharge -- right of contribution. Except as provided in 27-1-703 , the discharge of a joint debtor operates as a payment to the creditor equal to the proportionate interest of the debtor discharged, but the discharge of the debtor does not prevent the codebtors from enforcing the right of contribution if they are compelled to pay the whole of the debt.
Mont. Code Ann. § 25-1-301 — MT Code / Title 25 / Chapter 1 / Part 3 / Section 25-1-301
25-1-301 Extension of time
Status: in_force

25-1-301 . Extension of time. Subject to Rule 6(b), M.R.Civ.P., whenever this code requires or allows an act to be done at or within a specified time, which act relates to the pleadings in the action, the undertakings to be filed, the justification of sureties, the preparation of statements or of amendments thereto, or the service of notices other than of appeal, the time allowed by this code may be extended, upon good cause shown, by the court in which the action is pending or a judge thereof; but such extension shall not exceed 90 days without the consent of the adverse party.
Mont. Code Ann. § 25-9-205 — MT Code / Title 25 / Chapter 9 / Part 2 / Section 25-9-205
25-9-205 Amount of interest
Status: in_force

25-9-205 . Amount of interest. (1) (a) Except as provided in subsection (2), interest is payable on judgments recovered in the courts of this state and on the cost incurred to obtain or enforce a judgment at a rate equal to the rate for bank prime loans published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in any publication that may supersede it on the day judgment is entered, plus 3%. The interest may not be compounded.

(b) The rate for bank prime loans established in subsection (1)(a) must be set as of January 1 of each year and remain in effect until December 31 of each year.

(2) Interest on a judgment recovered in the courts of this state involving a contractual obligation that specifies an interest rate must be paid at the rate specified in the contractual obligation.
Mont. Code Ann. § 25-13-101 — MT Code / Title 25 / Chapter 13 / Part 1 / Section 25-13-101
25-13-101 Time limit for issuing execution
Status: in_force

25-13-101 . Time limit for issuing execution. (1) The party in whose favor the judgment is given may, at any time within the time period prescribed in 27-2-201 (1) and (2), have a writ of execution issued for its enforcement.

(2) When the judgment is for the payment of child support, the party in whose favor the judgment is given may, at any time within 10 years after the termination of the support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, have a writ of execution issued for its enforcement.
Mont. Code Ann. § 25-40-117 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-117
25-40-117 Waiver and preclusion of privilege
Status: in_force

25-40-117 . Waiver and preclusion of privilege. (1) A privilege under 25-40-116 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

(2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under 25-40-116 , but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Mont. Code Ann. § Rule 20 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 20
Rule 20 Computation and extension of time
Status: in_force

Rule 20 . Computation and extension of time.

(a) Computation of time. When the computation of any period of time prescribed or allowed by these rules is by order of court or by an applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is 10 days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded.

(b) Extension. The district court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, and may thereby permit an act to be done after the expiration of such time if the failure to act was excusable under the circumstances; except the time for filing a notice of appeal shall not extend more than 10 days past the time prescribed for filing a notice of appeal under Rule 5. The motion must be made before the expiration of the period originally prescribed or extended by previous order of the court.

(c) Additional time after service by mail. Whenever a party is required or permitted to do any act within a prescribed period after service of a notice or other paper and the notice or other paper is served by mail, 3 days shall be added to the prescribed period.
Mont. Code Ann. § 25-35-603 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-603
25-35-603 Hearing date
Status: in_force

25-35-603 . Hearing date. The date for the appearance of the defendant to be set forth in the order must be determined by the justice of the peace or by the justice's clerk and may not be more than 40 or less than 10 days from the date of the order. Service of the order and a copy of the sworn complaint must be made upon the defendant not less than 5 days prior to the date set for the defendant's appearance by the order. If the order is not timely served, the plaintiff may have a new appearance date set by the justice of the peace or the justice's clerk and a new order issued and delivered to the sheriff, constable, or other process server. If necessary, repeated orders may be issued at any time within 1 year after the commencement of the action.
Mont. Code Ann. § 25-10-406 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-406
25-10-406 Collection of clerk's and sheriff's costs after judgment
Status: in_force

25-10-406 . Collection of clerk's and sheriff's costs after judgment. In all cases, after final judgment, the clerk or sheriff may make out a bill of costs against the party incurring them, and if not paid within 20 days after demand, execution may issue in the name of the parties to the action for the benefit of the clerk or sheriff.