Mont. Code Ann. § Rule 12 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 12
Rule 12 Briefs
Status: in_force

Rule 12 . Briefs.

(1) Brief of the appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:

(a) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited;

(b) A statement of the issues presented for review. Parties are encouraged to limit the number of issues to 4 or fewer;

(c) A statement of the case. The statement shall first indicate briefly the nature of the case and its procedural disposition in the court below. Only that procedural background which is relevant to the issue or issues raised shall be included in the statement of the case;

(d) A statement of the facts relevant to the issues presented for review, with references to the pages or the parts of the record at which material facts appear;

(e) A statement of the standard of review as to each issue raised, together with a citation of authority;

(f) A summary of the argument. The summary shall contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and not be a mere repetition of the argument headings.

(g) An argument. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes, and pages of the record relied on;

(h) A short conclusion stating the precise relief sought; and

(i) An appendix that includes the relevant judgment, order(s), findings of fact, conclusions of law, jury instruction(s), ruling(s), or decision(s) from which the appeal is taken together with any written memorandum or rationale of the court, and those pages of the transcript containing any oral ruling in support. This appendix shall include a table of contents and plain paper tabs and may be a separately-bound document if the volume of the required attachments makes this necessary.

(2) Answer brief of the appellee. The answer brief of the appellee shall conform to the requirements of section (1)(a) through (h) of this rule, except that a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant.

(3) Reply brief. The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. The reply brief must be confined to new matter raised in the brief of the appellee. Only one reply brief may be filed, regardless of the number of appellees' briefs filed, and the rule 11(4) word or page limit for reply briefs applies even if the reply brief also contains a response to a cross-appeal. No further briefs may be filed except with leave of court.

(4) Briefs in cases involving cross-appeals. If a cross-appeal is filed, the party who first files a notice of appeal, or in the event that the notices are filed on the same day, the plaintiff in the proceeding below, shall be deemed the appellant for the purposes of this rule and rules 11 and 13, unless the parties otherwise agree or the court otherwise orders. The brief of the appellee shall conform to the requirements of section (1)(a) through (i) of this rule. The cross-appellant shall file the cross-appeal brief combined in a single document with the answer brief, the appellant shall file the cross-appeal answer brief combined in a single document with the reply brief, and the cross-appellant shall file the cross-appeal reply brief within 14 days after service of the cross-appeal answer brief. Word limitations in combined briefs that raise or respond to cross-appeals shall not exceed those word limitations set forth in rule 11(4).

(5) Appendix. If desired, and in addition to the documents required under subsection (1)(i) of this rule, the appellant or the appellee may file a separate appendix containing additional documents or materials that are referenced in the brief or may, otherwise, be of assistance to the supreme court in its review of the brief. The parties may file a joint appendix. If separate appendices are filed, materials included in the appellant's appendix should not be duplicated in the appendix of the appellee. Given that the court has available to it the entire record, parties are advised that a supplemental appendix is not required. If one is filed, it shall include only those documents essential to the arguments. Any supplemental appendix shall include a table of contents, and each document shall be tabbed using plain paper tabs and not plastic-coated tabs.

(6) Notice of supplemental authorities. When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of the supreme court, by "Notice of Supplemental Authority," with copies to all parties, setting forth the citation(s) without argument. The notice shall reference either the page of the brief or the point argued orally to which the citation(s) pertain.

(7) Brief of amicus curiae. A brief of an amicus curiae may be filed only upon invitation or leave of the supreme court granted on motion. A motion for leave shall identify the interest of the applicant, state the reasons why a brief of an amicus curiae is desirable, identify the party whose position amicus supports, provide the date upon which the brief can be filed, and indicate whether the other party consents to the request.

(8) References in briefs to parties. Subject to the requirements of rule 10(6) and rule 14(5)(b)(v), references to parties by formal designations such as "appellant," "appellee," "petitioner," "respondent," "plaintiff," or "defendant" are discouraged and the use of names or descriptive terms such as "John," "Sue," "the employer," "the taxpayer," "father," or "mother" are encouraged.

(9) References in briefs to the record. Whenever a reference is made in the briefs to the record, the reference must be to particular parts of the record, suitably designated, and to specific pages of each part, e.g., Answer, p. 7; Motion for Summary Judgment, p. 3; Transcript, p. 231. Intelligible abbreviations may be used. If reference is made to an exhibit, reference shall be made to the pages of the transcript on which the exhibit was identified, offered, and received or rejected.

(10) Over-length and supplemental briefs and costs. Motions to file over-length and supplemental briefs will not be routinely granted. Motions to file such briefs must be supported by an affidavit demonstrating extraordinary justification.

(11) Disk copy of briefs and appendices. Original briefs filed under this rule and under rule 14 shall include a digital copy prepared on a Read Only Digital Video Disk (DVD-R), in Portable Document Format (PDF) which shall be redacted of all confidential information in accordance with rule 10(7). This rule shall not apply to hand-written briefs or to those typed on a typewriter. Failure to include the DVD-R with the original brief shall not be grounds for dismissal or for refusal to file the brief. In accordance with rule 10(7)(g), the appendix or attachments submitted on the DVD-R need not be redacted.
Mont. Code Ann. § 25-5-203 — MT Code / Title 25 / Chapter 5 / Part 2 / Section 25-5-203
25-5-203 Defendants -- adverse claims to real property
Status: in_force

25-5-203 . Defendants -- adverse claims to real property. In an action brought by a person out of possession of real property to determine an adverse claim of an interest or estate in the property, the person making the adverse claim and the persons in possession may be joined as defendants, and if the judgment is for the plaintiff, the plaintiff may have a writ for the possession of the premises as against the defendants in the action against whom the judgment has passed.
Mont. Code Ann. § 25-10-504 — MT Code / Title 25 / Chapter 10 / Part 5 / Section 25-10-504
25-10-504 Clerk to include costs in judgment
Status: in_force

25-10-504 . Clerk to include costs in judgment. The clerk shall include in the judgment entered by the clerk the costs, if the costs have been taxed or ascertained. The clerk shall, within 2 days after the costs are taxed or ascertained, if not included in the judgment, insert the costs in a blank left in the judgment for that purpose and shall make a similar insertion of the costs in the copies and docket of the judgment.
Mont. Code Ann. § Rule 8 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 8
Rule 8 Presenting orders etc
Status: in_force

Rule 8 . Presenting orders etc.

(a) It shall be the duty of a party obtaining any order, judgment, warrant, summons, subpoena or like order to present the same in written form for the signature of the judge at the time of applying for the same.

(b) Two copies of any order, warrant, summons, subpoena, or like order requiring service shall be presented to the judge for signature, both shall be signed by the judge as original orders. One shall be retained as part of the court file, and the other used for service and returned to the court after service.
Mont. Code Ann. § 25-7-221 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-221
25-7-221 Challenges to jurors and the jury
Status: in_force

25-7-221 . Challenges to jurors and the jury. (1) Each party may challenge the jury or jurors as follows:

(a) the panel or array;

(b) for cause;

(c) peremptory.

(2) Challenges to individual jurors are for cause or peremptory.
Mont. Code Ann. § 25-14-311 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-311
25-14-311 Discharge at instance of plaintiff
Status: in_force

25-14-311 . Discharge at instance of plaintiff. The plaintiff in the action may at any time order the prisoner to be discharged, and the prisoner is not liable to imprisonment for the same cause of action.
Mont. Code Ann. § 25-13-810 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-810
25-13-810 When purchaser entitled to conveyance
Status: in_force

25-13-810 . When purchaser entitled to conveyance. If a redemption is not made within 1 year after the sale, the purchaser or the purchaser's assignee is entitled to a conveyance. If redeemed, whenever 60 days have elapsed and no other redemption has been made and notice of redemption is given and the time for redemption has expired, the last redemptioner or the redemptioner's assignee is entitled to a sheriff's deed. In all cases, the judgment debtor has the entire period of 1 year from the date of the sale to redeem the property.
Mont. Code Ann. § 25-35-609 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-609
25-35-609 Pretrial conferences or hearings -- appearance by telephone conference
Status: in_force

25-35-609 . Pretrial conferences or hearings -- appearance by telephone conference. (1) At the discretion of the court, a party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if:

(a) the party does not need to or intend to offer evidence at the pretrial conference or hearing; and

(b) the party does not reside within the county in which the case is filed or the party's or the party's attorney's principal place of business is not located in that county.

(2) The party requesting the telephone conference is responsible for arranging the telephone conference and paying the associated costs.
Mont. Code Ann. § 25-5-102 — MT Code / Title 25 / Chapter 5 / Part 1 / Section 25-5-102
25-5-102 Use of abbreviated names
Status: in_force

25-5-102 . Use of abbreviated names. It is sufficient in all actions, papers, pleadings, or proceedings to designate any party or person by the initial letter or letters or some contraction of the first name or names, instead of stating the first name in full.
Mont. Code Ann. § Rule 16 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 16
Rule 16 Dismissal of appeal in civil actions--costs and damages
Status: in_force

Rule 16 . Dismissal of appeal in civil actions--costs and damages.

(a) Dismissal of appeal upon delay--costs and damages. For failure to prosecute an appeal or unnecessary delay in a civil action, the district court may order the appeal dismissed, with costs, and if it appears to the district court that the appeal was made solely for delay, the district court may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.

(b) Attorney fees and costs when appeal unsuccessful.

(1) In a civil action if the party appealing fails to reduce the judgment against him or to enlarge the judgment in his favor appealed from $10 or more or reverse the same in the district court, he shall not recover any costs of appeal.

(2) In a civil action if the parties are represented by counsel on appeal, the district court may grant the prevailing party reasonable attorney fees, in addition to costs.
Mont. Code Ann. § 25-35-501 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-501
25-35-501 Purpose
Status: in_force

25-35-501 . Purpose. It is the purpose of this chapter to provide a speedy remedy for small claims and to promote a forum in which such claims may be heard and disposed of without the necessity of a formal trial.
Mont. Code Ann. § 25-13-808 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-808
25-13-808 To whom redemption money paid
Status: in_force

25-13-808 . To whom redemption money paid. The payment mentioned in 25-13-802 through 25-13-806 may be made to the purchaser or redemptioner, as the case may be, or for the petitioner or redemptioner to the officer who made the sale or, if the officer's term of office has expired, to the successor in office.
Mont. Code Ann. § 25-13-202 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-202
25-13-202 Judgments requiring the sale of property
Status: in_force

25-13-202 . Judgments requiring the sale of property. When the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment or the material parts thereof and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith.
Mont. Code Ann. § 25-4-312 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-312
25-4-312 Request for statement of damages -- response
Status: in_force

25-4-312 . Request for statement of damages -- response. When an action is filed in the district court to recover damages for personal injury or wrongful death, the parties against whom the action is brought may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be filed and served upon the claimant, who shall file and serve a responsive statement as to damages within 15 days thereafter. In the event that a response is not served, the party, on notice to the claimant, may petition the court in which the action is pending to order the claimant to serve a responsive statement.
Mont. Code Ann. § 25-31-512 — MT Code / Title 25 / Chapter 31 / Part 5 / Section 25-31-512
25-31-512 Admission of genuineness of signatures
Status: in_force

25-31-512 . Admission of genuineness of signatures. If the plaintiff attaches to the complaint or files with the justice at the time of issuing the summons a copy of the promissory note, bill of exchange, other obligation for the payment of money, or other instrument upon which the action is brought, the defendant is considered to admit the genuineness of all the signatures to the instrument unless the defendant specifically denies the genuineness in the answer under oath. In case of a counterclaim, the same rule applies to the plaintiff.
Mont. Code Ann. § 25-13-902 — MT Code / Title 25 / Chapter 13 / Part 9 / Section 25-13-902
25-13-902 Terminated
Status: in_force

25-13-902 . Terminated. Sec. 6, Ch. 472, L. 1987.
Mont. Code Ann. § 25-31-914 — MT Code / Title 25 / Chapter 31 / Part 9 / Section 25-31-914
25-31-914 Lien on real property
Status: in_force

25-31-914 . Lien on real property. The judgment rendered in a justice's court creates a lien upon any lands of the defendant upon the filing of a transcript of the original docket, certified by the clerk of the justice's court, with the office of the clerk of the district court of the county in which the lands are situated. When filed and from the time of filing, the judgment becomes a lien upon all real property in that county that is owned by the judgment debtor at the time or that the judgment debtor may afterwards and before the lien expires acquire and that is not exempt from execution. The lien continues for 10 years unless the judgment is previously satisfied.
Mont. Code Ann. § 25-10-712 — MT Code / Title 25 / Chapter 10 / Part 7 / Section 25-10-712
25-10-712 Requirements for attorney fee award request -- awards against state
Status: in_force

25-10-712 . Requirements for attorney fee award request -- awards against state. (1) An award of attorney fees must be reasonable. A reasonable claim for attorney fees must include the following:

(a) the date a task is performed and the name of the timekeeper;

(b) a specific description of the task, including but not limited to the nature, purpose, or subject of the work performed. Generic descriptors for a task and the work claimed are unreasonable. The description of the task performed must be sufficient for a reasonable person to understand what work is being claimed.

(c) time that is billed in increments of tenths of an hour, including:

(i) a statement indicating whether the attorney has or has had a client who pays the hourly rate requested by the attorney; and

(ii) a detailed list of time spent on each task. Block billing or aggregating of tasks may not be claimed.

(d) a specific description of the work performed;

(e) an itemized list of expenses, including receipts from vendors;

(f) in-house copying expenses that may not exceed 10 cents a page; and

(g) an indication of whether a portion of the attorney fee has been paid and whether the client is responsible for paying a portion of the bill if the attorney does not collect the award.

(2) There is a rebuttable presumption that the following are unreasonable requests for attorney fees:

(a) sending more than one attorney to a deposition;

(b) sending more than two attorneys to an oral argument or trial;

(c) charging for the cost of telephone calls, faxes, library facilities, or electronic research subscriptions; and

(d) charging an hourly rate greater than the statewide average if the attorney has not been practicing for more than 10 years.

(3) In addition to the requirements imposed by subsections (1) and (2), when considering an award of attorney fees against the state, the court shall take into consideration the hourly rate charged by the attorney representing the state. If the court elects to grant a rate higher than the rate charged by the attorney representing the state, the court shall provide an explanation as to why the rate charged by the state does not adequately compensate the attorney for which attorney fees are requested.

(4) In determining the reasonableness of an award of attorney fees, a court may consider factors other than those contained in this section.

(5) The provisions of this section do not apply to claims for attorney fees for an amount less than $10,000.
Mont. Code Ann. § Rule 8 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 8
Rule 8 Sureties and their justification
Status: in_force

Rule 8 . Sureties and their justification.

(a) Justification of sureties. The adverse party may except to the sufficiency of the sureties within 5 days after the filing of the undertaking, and unless they or other sureties justify before the municipal court judge or a judge of the district court of the county in which such action has been tried within 5 days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. The sureties on the undertakings mentioned in this rule must justify as provided in § 33-26-102 , MCA.

(b) Deposit of money in lieu of undertaking. Whenever an undertaking is required on appeal by the provisions of these rules, a deposit in the municipal court below of the amount of the judgment appealed from plus $300 or, if the judgment is for the recovery of specific personal property, the value of the property plus $300 or, if the party in whose favor the judgment is rendered appeals, $100 is equivalent to filing the undertaking. The municipal court clerk shall transmit the money to the clerk of the district court, who shall pay it out on the order of the court.

(c) Waiver of undertaking. In all cases where an undertaking is required on appeal by the provisions of these rules, the undertaking or deposit may be waived by the written consent of the respondent.

(d) Defective undertaking. No appeal shall be dismissed for insufficiency of the undertaking thereon or for any defect or irregularity therein if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to dismiss the appeal, which undertaking must be approved by the district judge.
Mont. Code Ann. § 25-3-107 — MT Code / Title 25 / Chapter 3 / Part 1 / Section 25-3-107
25-3-107 Time limit for service of process
Status: in_force

25-3-107 . Time limit for service of process. Except as provided in 25-3-106 , a plaintiff shall make service of process no later than 2 years after filing the complaint. If the plaintiff fails to do so, the court, on motion or on its own initiative, shall dismiss the action without prejudice unless the defendant has made an appearance.
Mont. Code Ann. § Rule 5 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 5
Rule 5 Pre-Trial Order and Pre-Trial Conference
Status: in_force

Rule 5 - Pre-Trial Order and Pre-Trial Conference.

(a) Pre-trial. Unless otherwise ordered by the court, a pre-trial conference shall be held in all contested civil cases.

(b) Not later than seven days prior to the pre-trial conference, Plaintiff shall convene a conference of all parties for the purpose of preparing a pre-trial order. The proposed pre-trial order shall be presented for signature at the pre-trial conference. In the event of a dispute as to the contents of the order, such dispute shall be presented to the judge for resolution at the pre-trial conference.

(c) Pre-trial Order. The pre-trial order shall be substantially in the following form:

(TITLE OF COURT AND CAUSE)

Pursuant to Rule 16 of the Montana Rules of Civil Procedure, a pre-trial conference was held in the above-entitled cause on the ____ day of ________, 20__, at ___ o'clock __.m.

represented the plaintiff(s).

represented the defendant(s).

(other appearances) were also present.

AGREED FACTS

The following facts are admitted, agreed to be true, and require no proof:

(Here enumerate all agreed facts, including facts admitted in the pleadings.)

PLAINTIFF'S CONTENTIONS

Plaintiff's contentions are as follows:

1.

2.

DEFENDANT'S CONTENTIONS

1.

2.

EXHIBITS

Attached to the pre-trial order are exhibit lists identifying by number and brief description each exhibit and stating any objections to the exhibits. Any exhibit offered at the trial to which no objection was made in the pre-trial order will be admitted into evidence.

WITNESSES

The following witnesses and no others will (may) be called to testify except on rebuttal:

Plaintiff

1.

2.

Defendant

1.

2.

ISSUES OF FACT

The following issues of fact, and no others, remain to be litigated upon the trial: (Here specify each issue.)

1.

2.

ISSUES OF LAW

The following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each.)

1.

2.

DISCOVERY

The final pre-trial order shall refer to all those portions of depositions upon oral examination and interrogatories, requests for admissions, and answers and responses that the parties intend to introduce into evidence. Any objections to the use of the above documents shall be stated, and if not stated, shall be deemed waived. (Because this Rule relates to filing and is designed to consolidate in one place all of the fruits of discovery and because there can be no surprise element involved, the court shall be liberal in permitting the amendment of the pre-trial order to include any material not originally listed.)

ADDITIONAL PRE-TRIAL DISCOVERY

(Here specify any additional discovery contemplated by either party and the time within which such discovery will be completed.)

STIPULATIONS

(Here include any stipulations in addition to the agreed facts set forth above.)

DETERMINATION OF LEGAL QUESTIONS IN ADVANCE OF TRIAL

It was agreed that the following legal issues should be determined by the court in advance of the trial.

(Here specify issues and make provision for filing briefs with respect to such issues.)

ADDITIONAL ISSUES

Additional issues to be determined and/or addressed include:

order of proof where there is a counterclaim;

attorney's fees testimony and/or proof;

time of filing and service of trial briefs and other issues.

JURY SELECTION AND PROCESS

Order and method of selection, stipulation that jury will be selected or drawn, numbering of panel, number of challenges, time to file instructions, length of time on voir dire.

TRIAL

It is estimated that the case will require ____ hours/days for trial.

The case will be tried before the court with (without) a jury.

IT IS HEREBY ORDERED that this pre-trial order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice.

IT IS HEREBY ORDERED that all pleadings herein shall be amended to conform to this pretrial order.

DATED this ____ day of _____________, 20__.

___________________________

District Judge

Approved as to form and content.

___________________________

Attorney for Plaintiff

___________________________

Attorney for Defendant
Mont. Code Ann. § 25-14-107 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-107
25-14-107 Order to apply property to satisfaction of judgment
Status: in_force

25-14-107 . Order to apply property to satisfaction of judgment. The judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment.
Mont. Code Ann. § 25-9-713 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-713
25-9-713 Effect of currency revalorization
Status: in_force

25-9-713 . Effect of currency revalorization. (1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

(2) If substitution under subsection (1) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
Mont. Code Ann. § 25-1-501 — MT Code / Title 25 / Chapter 1 / Part 5 / Section 25-1-501
25-1-501 Notice to be given to attorney general when state department or board initiates or intervenes in an action
Status: in_force

25-1-501 . Notice to be given to attorney general when state department or board initiates or intervenes in an action. When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.
Mont. Code Ann. § 25-13-809 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-809
25-13-809 Effect of redemption by debtor or debtor's spouse -- certificate of redemption
Status: in_force

25-13-809 . Effect of redemption by debtor or debtor's spouse -- certificate of redemption. (1) If the debtor redeems, the effect of the sale is terminated and the debtor is restored to the debtor's own estate. If the spouse redeems, the spouse must become the owner of the debtor spouse's interest, subject to any liens on the property at the time of the execution sale.

(2) Upon a redemption by a debtor or the debtor's spouse, the person to whom the payment was made shall execute and deliver to the debtor or the judgment debtor's spouse a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments of conveyances of real property. The certificate must be filed and recorded in the office of the county clerk of the county in which the property is situated, and the county clerk shall note the record of the certificate of redemption in the margin of the record of the certificate of sale.
Mont. Code Ann. § 25-40-110 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-110
25-40-110 Governmental entity as party
Status: in_force

25-40-110 . Governmental entity as party. (1) The disqualification provision contained in 25-40-108 (1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.

(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

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

(b) 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. § 25-13-705 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-705
25-13-705 Procedure when purchaser refuses to pay
Status: in_force

25-13-705 . Procedure when purchaser refuses to pay. If a purchaser refuses to pay the amount bid by the purchaser for the property sold to the purchaser at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned by the subsequent sale, the officer may recover the amount of the loss, with costs, from the bidder refusing to pay, in any court of competent jurisdiction. The person refusing to pay the costs that have accrued by reason of the unpaid bid is guilty of contempt of court and may be punished accordingly.
Mont. Code Ann. § Rule 4 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 4
Rule 4 Filing of Discovery
Status: in_force

Rule 4 - Filing of Discovery.

(a) Depositions upon oral or written examinations, interrogatories and answers thereto, requests for production of documents and responses thereto, and requests for admissions and responses thereto shall not be filed without leave of court. When any motion is filed referring to discovery, the party filing the motion shall submit with the motion relevant unfiled documents.

(b) The pre-trial order shall identify all those portions of depositions, interrogatories, requests for admissions and answers and responses thereto that the parties intend to introduce into evidence.
Mont. Code Ann. § 25-13-614 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-614
25-13-614 Earnings of judgment debtor
Status: in_force

25-13-614 . Earnings of judgment debtor. (1) Earnings of a judgment debtor that are not subject to garnishment, as provided in this section, are exempt.

(2) Except as provided in subsections (3) and (4), the maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subjected to garnishment may not exceed the lesser of:

(a) the amount by which the debtor's disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable; or

(b) 25% of the debtor's disposable earnings for that week.

(3) The restrictions of subsection (2) do not apply in the case of an order or judgment for the maintenance or support of any person, issued by a court of competent jurisdiction or pursuant to an administrative procedure that is established by state law, affords substantial due process, and is subject to judicial review.

(4) (a) The maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subject to garnishment to enforce an order described in subsection (3) may not exceed:

(i) 50% of the judgment debtor's disposable earnings for that week if the debtor is supporting the debtor's spouse or dependent child, other than a spouse or child for whom the order is issued; or

(ii) 60% of the judgment debtor's disposable earnings for that week if the debtor is not supporting a spouse or dependent child described in subsection (4)(a)(i).

(b) However, the amount stated in subsection (4)(a)(i) may be 55% and the amount stated in subsection (4)(a)(ii) may be 65% if the earnings are being garnished to enforce an order for maintenance or support for a period prior to the 12-week period that ends with the beginning of the workweek.

(5) For the purposes of this section, the definitions of earnings, disposable earnings, and garnishment are as set forth in 15 U.S.C. 1672.
Mont. Code Ann. § 25-10-104 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-104
25-10-104 When costs of appeal discretionary
Status: in_force

25-10-104 . When costs of appeal discretionary. (1) In the following cases, the costs of appeal are in the discretion of the court:

(a) when a new trial is ordered;

(b) when a judgment is modified.

(2) In all other cases, the successful party shall recover from the other party the successful party's costs.
Mont. Code Ann. § 25-3-601 — MT Code / Title 25 / Chapter 3 / Part 6 / Section 25-3-601
25-3-601 Conditional granting of use of highways to nonresidents
Status: in_force

25-3-601 . Conditional granting of use of highways to nonresidents. Subject to a compliance with the motor vehicle laws of this state and the acceptance of the provisions of this part and 25-10-206 , nonresident owners and operators of motor vehicles hereby are granted the privilege of using the highways, roads, and streets of this state and its political subdivisions, and the use of such highways, roads, and streets shall be deemed and construed to be an acceptance of the provisions of this part and 25-10-206 .
Mont. Code Ann. § 25-7-205 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-205
25-7-205 Persons drawn and approved to form jury
Status: in_force

25-7-205 . Persons drawn and approved to form jury. The first 12 persons, or such other number as will constitute the jury, who appear, as their names are drawn and called, and are approved as indifferent between the parties and not discharged or excused must be sworn and constitute the jury to try the issue.
Mont. Code Ann. § 25-13-615 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-615
25-13-615 Homestead
Status: in_force

25-13-615 . Homestead. The homestead of a judgment debtor exempt from execution is provided for in Title 70, chapter 32.
Mont. Code Ann. § 25-8-102 — MT Code / Title 25 / Chapter 8 / Part 1 / Section 25-8-102
25-8-102 Enforcement of court's order
Status: in_force

25-8-102 . Enforcement of court's order. Where the court directs a deposit or delivery of money or where a judgment directs a party to make a deposit or delivery or to convey real property, if the direction is disobeyed, the court, besides punishing the disobedience as a contempt, may by order require the sheriff to take and deposit or deliver the money or other personal property or to convey the real property in conformity with the direction of the court.
Mont. Code Ann. § 25-13-502 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-502
25-13-502 Debts owed to judgment debtor
Status: in_force

25-13-502 . Debts owed to judgment debtor. After the issuing of an execution against property and before its return, a person indebted to the judgment debtor may pay to the sheriff the amount of the person's debt or as much of the debt as is necessary to satisfy the execution. The sheriff's receipt is sufficient discharge for the amount paid.
Mont. Code Ann. § Rule 8 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 8
Rule 8 The record
Status: in_force

Rule 8 . The record.

(1) Composition of the record on appeal - generally. Except as otherwise provided in these rules, the original papers and exhibits filed in the district court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the district court shall constitute the record on appeal in all cases. A copy of any challenged jury instruction, whether given or offered but not given, must be made a part of the record on appeal.

(2) Duty to present sufficient record. The appellant and any cross-appellant have the duty to present the supreme court with a record sufficient to enable it to rule upon the issues raised. Failure to present the court with a sufficient record on appeal may result in dismissal of the appeal or affirmance of the district court on the basis the appellant has presented an insufficient record. If the supreme court remands for completion or supplementation of the record, the party presenting the deficient record will be charged with all shipping and postage costs for returning the record to the clerk of the district court.

(3) Duty of the appellant to request the transcript of proceedings - notice to the appellee - costs of producing - generally.

(a) Absent a stipulation filed with the clerk of the supreme court and served upon the clerk of the district court pursuant to rule 7(3), the appellant shall order from the court reporter, in writing, a transcript of the proceedings deemed necessary for the record on appeal on the same date the notice of appeal is filed. A copy of the written request for transcripts, substantially complying with Form 9 in the Appendix of Forms, shall be contemporaneously filed with the clerk of the district court and served on the appellee. In the event of a filed rule 7(3) stipulation, the requirements of this section shall begin on the day the mediator's report is filed or on day 76 after the filing of the notice of appeal, whichever first occurs.

(b) Within 11 days of the filing of the notice of appeal or notice of cross-appeal, whichever is filed later, the appellee shall either order additional transcripts deemed necessary in writing or, if the transcripts requested are not for purposes of the cross-appeal, the appellee may move the district court for an order requiring the appellant to order the additional transcripts at its expense. A copy of the written order or motion shall be contemporaneously filed with the clerk of the supreme court and served upon the appellant.

(c) Except as provided in section (5) of this rule, the cost of producing any requested transcript shall be paid by the party requesting the transcript, and payment shall be made at the time of ordering the transcript or satisfactory payment arrangements shall be made with the court reporter. An attorney who requests a transcript shall be personally liable for the payment of the costs of the transcript. Transcript costs shall be calculated as provided in section 3-5-604 .

(4) Format, filing and service of transcripts, and number of copies.

(a) A transcript shall contain a title page, index pages listing witnesses and exhibits, as applicable, the body of the transcript, and a page certifying in writing - and executed by the court reporter - that the transcript is a true and correct verbatim record of the proceeding transcribed. The person responsible for preparing the transcript shall also include a certificate of service of the transcript on all applicable parties. Each page shall measure 8 1/2 by 11 inches, with combined left and right standard text margins not exceeding 2.25 inches. A page number shall appear in the upper right corner of each page.

(b) Transcripts filed with the clerk of the supreme court shall include 1 paper copy of the transcript in reduced format containing 4 transcript pages on each 8 1/2 by 11-inch page, and a digital copy prepared on a Read Only Digital Video Disk (DVD-R), in searchable Portable Document Format (PDF), certified in writing as true and correct by affixing the court reporter's signature on the front of the DVD-R.

(5) Except as provided by statute, parties are not entitled to transcripts at state expense absent extraordinary circumstances and on order of the supreme court.

(6) Correction or modification of the record. If any difference arises as to whether the record accurately discloses what occurred in the district court, the difference shall be submitted to and settled by the district court within the time provided for transmission of the record or within such time as the district court may for good cause permit, and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the district court, on motion of a party or upon its own motion, either before or after transmission of the record to the supreme court, may order that the omission or misstatement be corrected and, if necessary, that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the supreme court.

(7) Record or transcript unavailable. If a trial or other proceeding was not reported in whole or in part, or if a transcript is otherwise unavailable, a statement of the evidence of the trial, proceeding, or unavailable transcript may be prepared as follows:

(a) A party or parties who proceed under sections (7)(b) or (c) of this rule must, within the time provided for filing the statement and stipulation described in section (7)(b) or the motion described in section (7)(c) of this rule, notify, in writing, the clerk of the district court and the clerk of the supreme court that all or a portion of the record or a transcript is otherwise unavailable, and that the provisions of this rule have been invoked.

(b) Statement by agreement and stipulation. Within 30 days after the filing of the notice of appeal, the parties may prepare and file with the clerk of the district court a joint written statement and stipulation of the unavailable evidence from the best available means including the parties' recollections. This statement and stipulation must identify the trial or proceeding which was not reported or the transcript which is not otherwise available, along with a statement of the reason for such failure to the best of the persons' knowledge and belief. This statement must specify the source or sources of the parties' statements of evidence and must be limited to unavailable evidence which is relevant to the issue or issues on appeal.

(c) Statement by motion and order. Alternatively, within 15 days after the filing of the notice of appeal, a party may file a motion with the clerk of the district court for leave to prepare a statement of the unavailable evidence from the best available means, including the party's recollection.

(i) The motion must be in writing, and identify the trial or proceeding which was not reported or the transcript which is not otherwise available, along with a statement of the reason for such failure, to the best of the movant's knowledge and belief. The motion must be served upon opposing parties, each of whom shall have 15 days in which to respond in writing.

(ii) If the district court grants the motion, the party must, within 20 days of the district court's order, prepare, serve, and file with the clerk of the district court a statement of the unavailable evidence from the best available means, including the party's recollection. This statement must specify the source or sources of the party's statements of evidence and shall be limited to unavailable evidence which is relevant to the issues on appeal. From the date the statement is filed, the opposing party shall have 15 days to respond in writing.

(d) The district court shall examine the statement of unavailable evidence and any response thereto filed pursuant to sections (7)(b) and (c) of this rule, may hold a hearing or hearings thereon and, thereafter, shall promptly file with the clerk of the district court an order adopting or rejecting, in whole or in part, the statement of unavailable evidence such that any statement adopted by the district court most accurately reflects the unavailable evidence. The parties shall have 15 days from the date of filing of the district court's order to file written objections with the clerk of the district court, with contemporaneous service on opposing parties.

(e) The district court's order entered pursuant to section (7)(d) of this rule shall then constitute the record on appeal as to the unavailable evidence. Any properly preserved objection to the district court's order or to the proceedings under this rule may be raised in an amended notice of appeal or cross-appeal filed and served within 15 days of the transmission of the district court's order and associated documents by the clerk of the district court to the clerk of the supreme court.

(f) The district court's order under section (7)(d) of this rule, including timely objections together with all available portions of the record and transcripts, shall be transmitted by the clerk of the district court to the clerk of the supreme court upon the expiration of the time for filing objections in section (7)(d). The appellant's opening brief on appeal is due 45 days following such transmission.

(g) Notwithstanding the filing of the notice of appeal, the district court retains jurisdiction to extend the times set forth in sections (7)(b) and (c) of this rule for good cause shown but not to exceed 45 days, to resolve the matter of the unavailable evidence and to issue the order required under section (7)(d) of this rule.

(8) Agreed statement when the record on appeal is unavailable. When the record on appeal as defined in section (1) of this rule is unavailable due to uncontrollable circumstances, the parties may prepare, sign, and file with the district court within 20 days after the filing of the final notice of appeal, a statement of the case showing how the issues presented by the appeal arose and were decided in the district court, and setting forth only so many of the facts averred and proved, or sought to be proved, as are essential to a decision by the supreme court on the issues presented. If the statement conforms to the truth, it shall be approved by the district court and, together with such additions as the district court may consider necessary to fully present the issues raised on appeal, certified and transmitted to the clerk of the supreme court within the 40 days provided for transmission of the record on appeal. The parties may include copies of the agreed statement as an appendix to their briefs. In the event the provisions of this rule are used to certify the record on appeal, the parties shall be bound thereby and the supreme court shall rely solely on the record as certified in resolving the appeal.

(9) Record of proceedings in courts of limited jurisdiction that are courts of record. The electronically-recorded record of a trial or other proceeding in a court of limited jurisdiction that is a court of record, which is appealed to the supreme court from a district court, shall be filed as a CD/DVD or analog tape together with the district court record.

(a) The clerk of the court from which the original appeal is taken must include with the CD/DVD or analog tape the following information, together with a text file reflecting the information on the CD/DVD or analog tape: originating court name; originating court case number; short case title; date(s) of proceeding; type of proceeding; and audio file name and file type. For CDs or DVDs, the preferred audio file reader, which shall be FTR Player, Microsoft Media Player, or RealPlayer, also must be identified.

(b) In citing to any facts relevant to the issues presented for review from the court of limited jurisdiction that is a court of record, pursuant to rule 12(1)(d), the parties shall reference the location on the CD/DVD or analog tape as Start Time: HH/MM/SS End Time: HH/MM/SS.
Mont. Code Ann. § 25-7-104 — MT Code / Title 25 / Chapter 7 / Part 1 / Section 25-7-104
25-7-104 Mode of trial of counterclaim
Status: in_force

25-7-104 . Mode of trial of counterclaim. Where the defendant interposes a counterclaim and thereupon demands an affirmative judgment against the plaintiff, the mode of trial of an issue of fact arising thereupon is the same as if it arose in an action brought by the defendant against the plaintiff for the cause of action stated in the counterclaim and demanding the same judgment.
Mont. Code Ann. § Rule 19 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 19
Rule 19 Relief
Status: in_force

Rule 19 . Relief.

(1) Dispositions. Dispositions are as follows:

(a) Affirm. The supreme court's decision to uphold a decision of the district court constitutes an affirmance of that portion of the judgment or order of the district court from which the party took the appeal.

(b) Reverse. The supreme court's decision to overturn or modify a decision of the district court constitutes a reversal of that portion of the judgment or order of the district court from which the party took the appeal.

(c) Remand. The supreme court's decision to overturn all or some part of the decision of the district court from which the party took the appeal may require that district court to apply the supreme court's ruling in further proceedings consistent with the supreme court's decision.

(2) Dismissals. Unless otherwise ordered, the supreme court's dismissal of an appeal or cross-appeal is with prejudice and constitutes the final judgment of the supreme court. In the event the supreme court dismisses the appeal or cross-appeal, each party shall bear its own costs unless otherwise stipulated by the parties or ordered by the supreme court.

(3) Costs.

(a) Costs on appeal. Costs on appeal will be awarded to the prevailing party unless otherwise specifically provided by the supreme court in its decision. Taxable costs include costs of reproducing briefs and necessary appendices, costs incurred in transmission of the record, cost of the reporter's transcript if necessary for the determination of the appeal, and the fee for filing the notice of appeal. In the event that a dispute arises over which party has prevailed, that dispute, as well as the matter of costs, shall be resolved by the district court.

(b) Costs in extraordinary writs and original proceedings.

(i) Costs in extraordinary writ proceedings will be awarded only in the supreme court's discretion when special circumstances warrant an award.

(ii) Any costs awarded to the petitioner or relator in proceedings seeking writs of supervisory control will be assessed against the real party in interest, rather than against the state, county, municipality, subdivision, judge, or justice.

(iii) Costs in original proceedings will be awarded to the prevailing party unless otherwise specifically provided by the supreme court in its decision.

(4) Interest on judgments. If a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was rendered or made in the district court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest.

(5) Sanctions. The supreme court may, on a motion to dismiss, a request included in a brief, or sua sponte, award sanctions to the prevailing party in an appeal, cross-appeal, or a motion or petition for relief determined to be frivolous, vexatious, filed for purposes of harassment or delay, or taken without substantial or reasonable grounds. Sanctions may include costs, attorney fees, or such other monetary or non-monetary penalty as the supreme court deems proper under the circumstances.
Mont. Code Ann. § 25-5-301 — MT Code / Title 25 / Chapter 5 / Part 3 / Section 25-5-301
25-5-301 Appointment of guardian
Status: in_force

25-5-301 . Appointment of guardian. When a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows:

(1) when the minor is plaintiff, upon the application of the minor if the minor is 14 years of age or, if under that age, upon the application of a relative or friend of the minor;

(2) when the minor is defendant, upon the application of the minor if the minor is 14 years of age and applies within 10 days after the service of the summons or, if under that age or if the minor neglects to apply, upon the application of a relative or friend of the minor or of any other party to the action;

(3) when an insane or incompetent person is party to an action or proceeding, upon the application of a relative or friend of the insane or incompetent person or of any other party to the action or proceeding.
Mont. Code Ann. § 25-9-504 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-504
25-9-504 Notice of filing
Status: in_force

25-9-504 . Notice of filing. (1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable and the extent to which it has been satisfied.

(2) Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on the judgment creditor's behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor's attorney of record, if any, each at the person's last-known address, by certified mail, return receipt requested. The notice must include the name and post-office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.

(3) The proceeds of an execution may not be distributed to the judgment creditor earlier than 30 days after the date of mailing the notice of filing.
Mont. Code Ann. § 25-33-301 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-301
25-33-301 Trial de novo -- pleadings -- conduct of trial
Status: in_force

25-33-301 . Trial de novo -- pleadings -- conduct of trial. (1) Except as provided in subsection (3), all appeals from justices' or city courts must be tried anew in the district court on the papers filed in the justice's or city court unless the court, for good cause shown and on terms that are just, allows other or amended pleadings to be filed in the action. The court may order new or amended pleadings to be filed. Each party has the benefit of all legal objections made in the justice's or city court.

(2) When the action is tried anew on appeal, the trial must be conducted in all respects as other trials in the district court. The provisions of this code as to trials in the district courts are applicable to trials on appeal in the district court.

(3) The appeal from a justice's court of record pursuant to 3-10-101 is on the record as provided in 3-10-115 . The appeal from a city court of record pursuant to 3-11-101 is on the record as provided in 3-11-110 .
Mont. Code Ann. § 25-9-501 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-501
25-9-501 Short title
Status: in_force

25-9-501 . Short title. This part may be cited as the "Uniform Enforcement of Foreign Judgments Act".
Mont. Code Ann. § 25-9-705 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-705
25-9-705 Determining money of claim
Status: in_force

25-9-705 . Determining money of claim. (1) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.

(2) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:

(a) regularly used between the parties as a matter of usage or course of dealing;

(b) used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or

(c) in which the loss was ultimately felt or will be incurred by the party claimant.
Mont. Code Ann. § 25-1-1102 — MT Code / Title 25 / Chapter 1 / Part 11 / Section 25-1-1102
25-1-1102 Contents of registration certificate
Status: in_force

25-1-1102 . Contents of registration certificate. The certificate of registration of a process server must contain the following statements:

(1) the name, age, address, and telephone number of the registrant;

(2) that the registrant has not been convicted of a felony;

(3) that the registrant has been a resident of this state for a period of 1 year immediately preceding the filing of the certificate; and

(4) that the registrant will perform the duties as a process server in compliance with the provisions of law governing the service of process in this state.
Mont. Code Ann. § 25-31-1106 — MT Code / Title 25 / Chapter 31 / Part 11 / Section 25-31-1106
25-31-1106 Discharge of imprisoned judgment debtor
Status: in_force

25-31-1106 . Discharge of imprisoned judgment debtor. The provisions of part 3 of chapter 14 in relation to the examination and discharge of a defendant imprisoned on execution in a civil action shall apply to justices' courts, and justices of the peace shall have the same powers in their courts as are by said sections granted to the judge.
Mont. Code Ann. § 25-9-412 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-412
25-9-412 Periodic payment of future damages in medical malpractice cases
Status: in_force

25-9-412 . Periodic payment of future damages in medical malpractice cases. (1) A party to an action for a malpractice claim, as defined in 25-9-411 , in which $50,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future damages to be paid in whole or in part by periodic payments rather than by a lump-sum payment. Upon a request, the court shall enter an order for periodic payment of future damages. The total dollar amount of the ordered periodic payments must equal the total dollar amount of the future damages without a reduction to present value.

(2) A court ordering the payment of future damages by periodic payments shall make specific findings as to the dollar amount of periodic payments needed to compensate the judgment creditor for future damages.

(3) The judgment order must specify the recipient or recipients of periodic payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments must be made.

(4) The court shall order that periodic payment of future damages be made, during the life of the judgment creditor or during the continuance of the compensable injury or disability of the judgment creditor, through the purchase of an inflation-indexed annuity approved by the court. The annuity must be in the form of an inflation-indexed annuity contract purchased from a qualified insurer that, in the most recent edition of A.M. Best, has an "A" (excellent) or higher rating and is in a class 7 or higher classification. The annuity also serves as any required supersedeas bond. Upon purchase of a court-approved annuity, the court shall order that the judgment is satisfied and that the judgment debtor is discharged. If the judgment creditor dies before all periodic payments have been made, the remaining payments become the property of the creditor's estate.
Mont. Code Ann. § 25-5-101 — MT Code / Title 25 / Chapter 5 / Part 1 / Section 25-5-101
25-5-101 Names of parties
Status: in_force

25-5-101 . Names of parties. In a civil action, the party complaining is known as the plaintiff and the adverse party as the defendant. The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.
Mont. Code Ann. § Rule 9 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 9
Rule 9 Motions and other papers
Status: in_force

Rule 9 . Motions and other papers.

A. APPLICATION. An application to the court for an order must be by motion, which, unless made during a hearing or trial, must be in writing. A motion must state with particularity the grounds for the motion and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing on the motion.

B. OPPOSITION. Any party opposing a motion must do so in writing within 10 days of service.

C. GENERAL RULES. The rules applicable to captions, signing, and other matters of form and the method and proof of service of pleadings apply to all motions and other papers provided for by these rules.
Mont. Code Ann. § 25-33-205 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-205
25-33-205 Deposit of money in lieu of undertaking
Status: in_force

25-33-205 . Deposit of money in lieu of undertaking. Whenever an undertaking is required on appeal by the provisions of this chapter, a deposit in the court below of the amount of the judgment appealed from plus $300 or, if the judgment is for the recovery of specific personal property, the value of the property plus $300 or, if the party in whose favor the judgment is rendered appeals, $100 is equivalent to filing the undertaking. The justice or judge shall transmit the money to the clerk of the district court, who shall pay it out on the order of the court.
Mont. Code Ann. § 25-9-601 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-601
25-9-601 Short title
Status: in_force

25-9-601 . Short title. This part may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act".
Mont. Code Ann. § 25-3-402 — MT Code / Title 25 / Chapter 3 / Part 4 / Section 25-3-402
25-3-402 Persons to be served
Status: in_force

25-3-402 . Persons to be served. Subject to the provisions of Rule 5(b), M.R.Civ.P., whenever a plaintiff or a defendant who has appeared resides out of this state and has no attorney in the action or proceeding, service may be made on the clerk of court for that party. However, in all cases in which a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except of subpoenas, writs, and other process issued in the suit and papers to bring the party into contempt, unless the court orders otherwise.
Mont. Code Ann. § 25-31-803 — MT Code / Title 25 / Chapter 31 / Part 8 / Section 25-31-803
25-31-803 By whom issues tried
Status: in_force

25-31-803 . By whom issues tried. (1) An issue of law must be tried by the court.

(2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.
Mont. Code Ann. § 25-7-202 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-202
25-7-202 Judge or jury commissioner to draw ballots
Status: in_force

25-7-202 . Judge or jury commissioner to draw ballots. When an issue of fact to be tried by a jury is brought to trial, the district judge or jury commissioner in the presence of two witnesses must openly draw out of the trial juror box as many of the ballots with the names of jurors thereon, one after another, as are sufficient to form a jury for the cause to be tried. Upon stipulation of counsel, the court may order such jurors to be seated in the order drawn.
Mont. Code Ann. § 25-7-602 — MT Code / Title 25 / Chapter 7 / Part 6 / Section 25-7-602
25-7-602 Trial upon agreed statement of facts
Status: in_force

25-7-602 . Trial upon agreed statement of facts. When any cause is tried and submitted upon a written statement of facts agreed to by the parties or their attorneys, such statement shall have the effect of a special verdict or finding of facts and judgment shall be pronounced thereon as upon a special verdict or finding of facts. In such case, no finding of facts shall be made unless such statement shall fail to embrace all the facts proved and in issue, in which case any additional fact may be found upon evidence which is not repugnant to the agreed statement.
Mont. Code Ann. § 25-31-705 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-705
25-31-705 Postponement upon application of party -- proof required
Status: in_force

25-31-705 . Postponement upon application of party -- proof required. The trial may be postponed upon the application of either party for a period not exceeding 4 months. The party making the application shall prove, by the party's own oath or otherwise, that the party cannot, for want of material testimony that the party expects to procure, safely proceed to trial and shall show in what respect the testimony expected is material and that the party has used due diligence to procure the testimony and has been unable to do so.
Mont. Code Ann. § 25-9-302 — MT Code / Title 25 / Chapter 9 / Part 3 / Section 25-9-302
25-9-302 Filing of transcript of docket in another county -- lien -- expiration
Status: in_force

25-9-302 . Filing of transcript of docket in another county -- lien -- expiration. (1) A transcript of the original docket, certified by the clerk, may be filed with the district court clerk of any other county. From the time of the filing, the judgment becomes a lien upon all real property of the judgment debtor that is not exempt from execution in that county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien expires. Except as provided in 61-6-123 , the lien continues for 10 years from the date of the entry of the judgment unless the judgment is previously satisfied.

(2) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
Mont. Code Ann. § 25-13-603 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-603
25-13-603 Medical care, health, or medical savings account -- bankruptcy -- exemption from attachment or garnishment
Status: in_force

25-13-603 . Medical care, health, or medical savings account -- bankruptcy -- exemption from attachment or garnishment. (1) An individual's medical care savings account under Title 15, chapter 61, a health savings account under 26 U.S.C. 223, or a medical savings account under 26 U.S.C. 220:

(a) is exempt from creditor processes;

(b) is not liable to attachment, garnishment, or similar legal processes; and

(c) may not be seized, taken, appropriated, or applied by a legal or equitable process or by operation of law to pay a debt or liability of the individual or of a beneficiary on the account as provided in 72-6-223 . This includes but is not limited to exemption from judgments under Title 25, chapter 13, and bankruptcy proceedings as provided under 31-2-106 .

(2) This section applies to an individual's rights to hold or receive the assets of, income from, or funds paid into or out of a medical care savings account, health savings account, or medical savings account.

(3) This section does not apply to the extent that the bankruptcy, creditor, and other processes in subsection (1) relate to recovery of eligible medical expenses incurred by an individual from the individual's medical care savings account, health savings account, or medical savings account.
Mont. Code Ann. § 25-7-207 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-207
25-7-207 Oath of jury
Status: in_force

25-7-207 . Oath of jury. As soon as the jury is completed, an oath must be administered to the jurors, in substance, that they and each of them will well and truly try the matter in issue between ...., the plaintiff, and ...., the defendant, and render a true verdict according to the evidence.
Mont. Code Ann. § 25-13-613 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-613
25-13-613 Property necessary to carry out governmental functions
Status: in_force

25-13-613 . Property necessary to carry out governmental functions. (1) In addition to the property mentioned in 25-13-609 (1), the following property is exempt from all judgment debtors:

(a) all necessary firefighting equipment and facilities of a governmental fire agency organized under Title 7, chapter 33;

(b) all arms, uniforms, and accouterments required by law to be kept by any person and one gun to be selected by the debtor;

(c) all courthouses, jails, public offices, and buildings, lots, grounds, and personal property and the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the courthouse, jail, and public offices belonging to any county of this state; and

(d) all cemeteries, public squares, parks, and places, public buildings, town halls, public markets, buildings for the use of fire departments and military organizations, and the lots and grounds owned or held by any town or incorporated city or dedicated by a city or town to health, ornament, or public use or for the use of any fire or military company organized under the laws of the state.

(2) The property listed in this section is not exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage lien on the property, and a person who is not a resident of this state is not entitled to these exemptions.
Mont. Code Ann. § 25-13-305 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-305
25-13-305 Execution of lien on real property
Status: in_force

25-13-305 . Execution of lien on real property. If the judgment be a lien upon real property, the writ shall require the sheriff or levying officer to satisfy the judgment, with interest, out of the real property belonging to the judgment debtor on the day when the judgment was docketed or at any time thereafter or, if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the clerk of the district court of such county, stating such day, or any time thereafter.
Mont. Code Ann. § Rule 17 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 17
Rule 17 Payment of bonds
Status: in_force

Rule 17 . Payment of bonds.

(a) Bonds established by the judge in a schedule of bail for offenses may be paid to the court during business hours on every day except nonjudicial days. The schedule of bail shall be posted in the court's office.

(b) Bonds shall only be returned in the name of the person who deposited the same.
Mont. Code Ann. § 25-2-121 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-121
25-2-121 Contracts
Status: in_force

25-2-121 . Contracts. (1) The proper place of trial for actions upon contracts is either:

(a) the county in which the defendants, or any of them, reside at the commencement of the action; or

(b) the county in which the contract was to be performed. The county in which the contract was to be performed is:

(i) the county named in the contract as the place of performance; or

(ii) if no county is named in the contract as the place of performance, the county in which, by necessary implication from the terms of the contract, considering all of the obligations of all parties at the time of its execution, the principal activity was to take place.

(2) Subsections (2)(a) through (2)(d) do not constitute a complete list of classes of contracts; if, however, a contract belongs to one of the following classes, the proper county for such a contract for the purposes of subsection (1)(b)(ii) is:

(a) contracts for the sale of property or goods: the county where possession of the property or goods is to be delivered;

(b) contracts of employment or for the performance of services: the county where the labor or services are to be performed;

(c) contracts of indemnity or insurance: the county where the loss or injury occurred or where a judgment is obtained against the assured or indemnitee or where payment is to be made by the insurer;

(d) contracts for construction or repair: the county where the object to be constructed or repaired is situated or is to be built.
Mont. Code Ann. § 25-9-503 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-503
25-9-503 Filing and status of foreign judgments
Status: in_force

25-9-503 . Filing and status of foreign judgments. A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed in the office of the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of a district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.
Mont. Code Ann. § 25-31-111 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-111
25-31-111 What provisions of code applicable to justices' courts
Status: in_force

25-31-111 . What provisions of code applicable to justices' courts. Because justices' courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts or which have been made applicable by special provisions in this chapter and Titles 3 and 27 are applicable to justices' courts and the proceedings therein.
Mont. Code Ann. § 25-2-206 — MT Code / Title 25 / Chapter 2 / Part 2 / Section 25-2-206
25-2-206 Judgment affecting real property to be transmitted
Status: in_force

25-2-206 . Judgment affecting real property to be transmitted. When an action or proceeding affecting the title to or possession of real estate has been brought in or transferred to any court of a county other than the county in which the real estate or some portion of the real estate is situated, the clerk of the court shall, after final judgment in the action, certify under the clerk's seal of office and transmit to the corresponding court of the county in which the real estate affected by the action is situated a copy of the judgment. The clerk receiving the copy shall file, docket, and record the judgment in the record of the court, briefly designating it as a judgment transferred from .... court (naming the proper court).
Mont. Code Ann. § 25-3-603 — MT Code / Title 25 / Chapter 3 / Part 6 / Section 25-3-603
25-3-603 Operation of vehicle by agent
Status: in_force

25-3-603 . Operation of vehicle by agent. The operation by any person, individually or by the person's agent, of any motor vehicle, whether registered or unregistered and with or without a license to operate, on any public way in this state is considered equivalent to an appointment by the person of the secretary of state to be the person's true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the person growing out of an accident or collision in which the person or the person's agent may be involved while operating a motor vehicle on any public way in this state. The operation is a signification of an agreement by the person that any process against the person that is served upon the secretary of state is of the same force and validity as if served upon the person personally. This section does not apply in case of any cause of action, for the service of process in which provision is made by 25-3-602 , and it does not authorize service of process upon any person who may with due diligence be found and personally served with process within the state of Montana.
Mont. Code Ann. § 25-35-703 — MT Code / Title 25 / Chapter 35 / Part 7 / Section 25-35-703
25-35-703 Record of proceedings
Status: in_force

25-35-703 . Record of proceedings. All civil actions tried in a small claims court shall be recorded either electronically or stenographically.
Mont. Code Ann. § 25-13-903 — MT Code / Title 25 / Chapter 13 / Part 9 / Section 25-13-903
25-13-903 Terminated
Status: in_force

25-13-903 . Terminated. Sec. 6, Ch. 472, L. 1987.
Mont. Code Ann. § 25-9-708 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-708
25-9-708 Judgments and awards on foreign-money claims -- times of money conversion -- form of judgment
Status: in_force

25-9-708 . Judgments and awards on foreign-money claims -- times of money conversion -- form of judgment. (1) Except as provided in subsection (3), a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.

(2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars that will purchase that foreign money on the conversion date at a bank-offered spot rate.

(3) Assessed costs must be entered in United States dollars.

(4) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.

(5) A judgment or award made in an action or distribution proceeding on both a defense, setoff, recoupment, or counterclaim and the adverse party's claim must be netted by converting the money of the smaller into the money of the larger and by subtracting the smaller from the larger and must specify the rates of exchange used.

(6) A judgment substantially in the following form complies with subsection (1):

IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see 25-9-710 ) % a year or, at the option of the judgment debtor, the number of United States dollars that will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day before the day of payment, together with assessed costs of (insert amount) United States dollars.

(7) If a contract claim is of the type covered by 25-9-706 (1) or (2), the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars that will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.

(8) A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
Mont. Code Ann. § Rule 26 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 26
Rule 26 Extension of time
Status: in_force

Rule 26 . Extension of time.

(1) Extension of time - generally. Except as provided in section (2) of this rule, the supreme 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. Within the text of each motion requesting an extension of time submitted to the supreme court for its consideration, except for those involving the attorney general and an incarcerated self-represented litigant, counsel shall note that opposing counsel has been contacted concerning the motion and whether opposing counsel objects to the motion. Failure to include this statement may constitute grounds for denial of the motion. All motions and orders for extension of time shall comply with rule 16 and shall include a date certain on or before which date the act for which an extension of time is requested must be performed. In all cases except those addressed in section (2) of this rule, a party may move for and be granted one 30-day extension of time in which to file a brief required or allowed to be filed under these rules. The clerk of the supreme court is authorized to act on any such motions for 30-day extension of time which are unopposed, and also on any such motions involving the attorney general and an incarcerated self-represented litigant. Any second or subsequent motion for extension of time to file a brief shall meet the requirements of section (2) of this rule.

(2) Extensions of time - filing briefs in appeals of proceedings regarding abused or neglected children, parenting plans, and motions for second or subsequent extensions. There shall be a presumption against granting motions for extension of time to file briefs. Any motion for extension of time to file a brief in the referenced cases may be granted only upon written motion supported by a showing of diligence and substantial need. Such a motion shall be filed at least 7 days before the expiration of the time prescribed for filing the brief, shall comply with rule 16, and shall be accompanied by an affidavit stating:

(a) When the brief is due;

(b) When the brief was first due;

(c) The length of the requested extension;

(d) The reason an extension is necessary;

(e) An explanation establishing that movant has exercised diligence and has substantial need for the extension, and that the brief will be filed within the time requested. An affidavit setting forth a conclusory statement as to the press of business will not constitute a showing of diligence and substantial need and will subject the motion to summary denial; and

(f) Whether any other party objects to the request.
Mont. Code Ann. § Rule 17 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 17
Rule 17 Effect of dismissal
Status: in_force

Rule 17 . Effect of dismissal.

The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal.
Mont. Code Ann. § 25-14-104 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-104
25-14-104 Procedure when debt to or ownership of judgment debtor denied
Status: in_force

25-14-104 . Procedure when debt to or ownership of judgment debtor denied. If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.
Mont. Code Ann. § Rule 1 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 1
Rule 1 Scope of rules
Status: in_force

Rule 1 . Scope of rules.

(a) These rules, together with the Montana Justice and City Court Rules of Civil Procedure, govern the practice in all justice and city courts of the State of Montana.

(b) No local rules shall be adopted in conflict with these rules.
Mont. Code Ann. § 25-14-308 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-308
25-14-308 Reapplication for discharge
Status: in_force

25-14-308 . Reapplication for discharge. If the judge does not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days in the same manner as provided in this part, and the same proceedings must be had upon the application.
Mont. Code Ann. § Rule 28 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 28
Rule 28 Minutes of supreme court
Status: in_force

Rule 28 . Minutes of supreme court.

The clerk of the supreme court shall attest the minutes of the supreme court as true and correct.
Mont. Code Ann. § 25-13-708 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-708
25-13-708 Conveyance of personal property capable of manual delivery
Status: in_force

25-13-708 . Conveyance of personal property capable of manual delivery. When the purchaser of any personal property capable of manual delivery pays the purchase price, the officer making the sale shall deliver to the purchaser the property and, if desired, execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the property on the day the execution or attachment was levied.
Mont. Code Ann. § 25-13-306 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-306
25-13-306 Execution against property in hands of representative
Status: in_force

25-13-306 . Execution against property in hands of representative. If the writ be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff or levying officer to satisfy the judgment, with interest, out of such property.
Mont. Code Ann. § 25-9-502 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-502
25-9-502 Definition
Status: in_force

25-9-502 . Definition. In this part, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
Mont. Code Ann. § Rule 18 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 18
Rule 18 Media access to court proceedings
Status: in_force

Rule 18 . Media access to court proceedings.

(1) Media coverage.

(a) Provided that the orderly procedures of the supreme court are not impaired or interrupted, the media is welcome to record and photograph, or broadcast by radio or television or other means, the oral arguments of the supreme court.

(b) No person or organization will have exclusive access to a proceeding in the courtroom. The chief justice will advise media outlets if pool coverage is necessary.

(2) Equipment.

(a) Broadcast media should arrive at least 30 minutes prior to oral argument to begin setting up equipment. All equipment must be in place and tested 15 minutes in advance of the time scheduled for the oral argument.

(b) The chief justice will determine locations for all video cameras, still cameras, and audio equipment within the courtroom.

(c) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless specifically approved by the supreme court.

(d) Handheld tape recording devices may be used so long as the device can be positioned so as not to obstruct or impair the proceedings.

(e) Cellular telephones, alarms, pagers, or other sound-producing devices shall be turned off at all times when the supreme court is in session.
Mont. Code Ann. § 25-13-711 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-711
25-13-711 Real property -- certificate of sale
Status: in_force

25-13-711 . Real property -- certificate of sale. (1) Upon a sale of real property, the officer must give to the purchaser a certificate of sale, containing:

(a) a particular description of the property sold;

(b) the price bid for each distinct lot or parcel;

(c) the whole price paid;

(d) when subject to redemption, a statement to that effect.

(2) A duplicate of such certificate must be filed by the officer in the office of the county clerk.
Mont. Code Ann. § 25-13-307 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-307
25-13-307 Execution requiring delivery of possession of property
Status: in_force

25-13-307 . Execution requiring delivery of possession of property. If the writ be for the delivery of the possession of real or personal property, it must require the sheriff or levying officer to deliver the possession of the same, particularly describing it, to the party entitled thereto and may at any time require the sheriff or levying officer to satisfy any costs, damages, rents, or profits recovered by the same judgment out of the personal property of the person against whom it was rendered, the value of the property for which the judgment was rendered to be specified therein, if a delivery cannot be had, and if sufficient personal property cannot be found, then out of the real property, as provided in 25-13-305 .
Mont. Code Ann. § 25-31-703 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-703
25-31-703 Postponement by motion of court
Status: in_force

25-31-703 . Postponement by motion of court. The court may, of its own motion, postpone the trial for not exceeding 4 months for good cause.
Mont. Code Ann. § 25-15-201 — MT Code / Title 25 / Chapter 15 / Part 2 / Section 25-15-201
25-15-201 Discharge of one joint debtor
Status: in_force

25-15-201 . Discharge of one joint debtor. Any joint debtor, including a partner, may compromise with a creditor, and a discharge to the joint debtor by the creditor is as effectual as if made to all debtors, but the discharge does not relieve the other joint debtors. Any creditor can release a judgment in the creditor's favor against any one or more joint debtors, and the release does not discharge the others.
Mont. Code Ann. § 25-7-301 — MT Code / Title 25 / Chapter 7 / Part 3 / Section 25-7-301
25-7-301 Order of trial
Status: in_force

25-7-301 . Order of trial. When the jury has been sworn, the trial must proceed in the following order unless the court, for good cause and special reason, otherwise directs:

(1) The party who has the burden of proof may briefly state the party's case and the evidence by which the party expects to sustain it.

(2) The adverse party may then, or at the opening of the adverse party's case, briefly state the defense and the evidence that the adverse party expects to offer in support of it.

(3) The party who has the burden of proof shall first produce the party's evidence, and the adverse party shall then produce the adverse party's evidence.

(4) The parties shall 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) When the instructions have been passed upon and settled by the court and before the arguments of counsel to the jury have begun, the court shall charge the jury in writing, giving in the charge only the instructions that are passed upon and settled at the settlement. In charging the jury, the court shall give to the jury all matters of law that the court thinks necessary for the jury's information in rendering a verdict.

(6) When the jury has been charged, unless the case is submitted to the jury on either side or on both sides without argument, the party upon whom rests the burden of proof shall commence and may conclude the argument. If several defendants having several defenses appear by different counsel, the court shall determine their relative order in the evidence and argument. Counsel, in arguing the case to the jury, 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. § 25-14-302 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-302
25-14-302 Notice of application for discharge
Status: in_force

25-14-302 . Notice of application for discharge. A person referred to in 25-14-301 shall cause a written notice to be given to the plaintiff or the plaintiff's agent or attorney that at a certain time and place the person will apply to a judge of the district court of the county in which the person may be confined for the purpose of obtaining a discharge from imprisonment.
Mont. Code Ann. § Rule 18 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 18
Rule 18 Continuances
Status: in_force

Rule 18 . Continuances.

(a) A continuance or resetting of a trial or hearing may be granted upon a showing of good cause. The motion for continuance must be made in writing and served upon the opposing party or counsel.

(b) No continuance will be granted if not timely made. A continuance will not be granted if a party appears at the time set for a hearing or trial unprepared.

(c) A continuance will not be granted except for good cause, without timely notice given to all parties.
Mont. Code Ann. § 25-35-604 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-604
25-35-604 Service on defendant -- return
Status: in_force

25-35-604 . Service on defendant -- return. (1) The original of the order and notice must be shown to the defendant, and a copy of the order and notice along with a copy of the sworn complaint must be served upon the defendant by the sheriff, constable, or other process server in the same manner provided by law for service of process in civil actions in justice's court. The provisions of law relating to sheriff's fees are applicable to this section.

(2) The sheriff, constable, or other process server shall, after effecting service, return the original order to the justice of the peace or the justice's clerk.
Mont. Code Ann. § 25-11-103 — MT Code / Title 25 / Chapter 11 / Part 1 / Section 25-11-103
25-11-103 Grounds after trial by the court
Status: in_force

25-11-103 . Grounds after trial by the court. No new trial may be granted in cases tried by the court without a jury, except on the grounds mentioned in subsections (1), (3), and (4) of 25-11-102 .
Mont. Code Ann. § 25-3-301 — MT Code / Title 25 / Chapter 3 / Part 3 / Section 25-3-301
25-3-301 Time and manner of return
Status: in_force

25-3-301 . Time and manner of return. (1) The sheriff or other person serving a summons or other process or order required by any of the provisions of law, issued for any of the courts of this state, shall make due and legal return of the service and file the return with the clerk of the court in which the action or proceeding is pending. The return must be made within 10 days after making the service if the service was made in the county in which the action or proceeding is pending and within 20 days after making the service when the service was made outside of the county in which the action or proceeding is pending. Any failure to make and file the return may be punished as a contempt of court.

(2) When process or a notice is returnable to another county or was forwarded under 25-3-201 , the sheriff or a registered process server may enclose a return of process or notice in an envelope addressed to the officer who sent it and deposit it in the post office, postage prepaid.

(3) In compliance with the provisions of subsection (1) and in lieu of returning a summons, other process, or order to the clerk of court, the sheriff or levying officer may enclose the return of the summons, process, or order in an envelope, postage prepaid, and deposit it in the post office addressed to the officer, agent, or attorney who sent it.
Mont. Code Ann. § 25-31-102 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-102
25-31-102 Transfer to district court -- dismissal
Status: in_force

25-31-102 . Transfer to district court -- dismissal. (1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall suspend all further proceedings in the action and certify the pleadings and, if any of the pleadings are oral, a transcript of the pleadings from the docket to the clerk of the district court of the county. From the time of the certification of the pleadings or transcript to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in the district court. When the action is certified to the district court, upon the answer of the defendant, the defendant shall file an undertaking, to be approved by the justice, to the effect that the defendant will pay all costs that may be awarded against the defendant on the trial in the district court.

(2) If it appears at any point in the proceedings in a justice's court that the determination of the action will involve the question of the state's liability to make a payment of money, the justice shall sever that issue and dismiss the action as to that issue. If the issue is not severable, the justice shall dismiss the entire action.
Mont. Code Ann. § 25-10-601 — MT Code / Title 25 / Chapter 10 / Part 6 / Section 25-10-601
25-10-601 Security for costs from nonresident plaintiff
Status: in_force

25-10-601 . Security for costs from nonresident plaintiff. When the plaintiff in an action resides out of this state or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the action must be stayed until an undertaking, executed by two or more persons, is filed with the clerk to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment or in the progress of the action, not exceeding $300. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security and proceedings in the action stayed until such new or additional undertaking is executed and filed.
Mont. Code Ann. § 25-31-602 — MT Code / Title 25 / Chapter 31 / Part 6 / Section 25-31-602
25-31-602 When guardian necessary -- how appointed
Status: in_force

25-31-602 . When guardian necessary -- how appointed. When a minor, incompetent person, or person who has been committed pursuant to 53-21-127 is a party, the minor or other person shall appear either by general guardian, if the minor or other person has one, or by a guardian ad litem appointed by the justice. When a guardian ad litem is appointed by the justice, the guardian ad litem must be appointed as follows:

(1) If the minor, incompetent person, or person who has been committed pursuant to 53-21-127 is a plaintiff, the appointment must be made before the summons is issued:

(a) in the case of a minor who is 14 or more years old, upon the application of the minor;

(b) in the case of a minor who is less than 14 years old, an incompetent person, or a person who has been committed pursuant to 53-21-127 , upon the application of a relative or friend;

(c) in a case described in subsection (1)(a) or (1)(b) in which no application is made, upon the justice's own motion.

(2) If the minor, incompetent person, or person who has been committed pursuant to 53-21-127 is a defendant, the appointment must be made at the time that the summons is returned or before the answer:

(a) in the case of a minor who is 14 or more years old and who applies before the summons is returned or at the time of the return, upon the application of the minor;

(b) in the case of a minor who is less than 14 years old, an incompetent person, or a person who has been committed pursuant to 53-21-127 , upon the application of a relative or friend or any other party to the action;

(c) in any case described in subsection (2)(a) or (2)(b) in which no application is made, upon the justice's own motion.
Mont. Code Ann. § 25-30-107 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-107
25-30-107 Costs
Status: in_force

25-30-107 . Costs. The same costs shall be allowed as are allowed in justices' courts and shall be taxed and retaxed as in district court, 24 hours being allowed for filing memorandum of costs.
Mont. Code Ann. § 25-10-402 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-402
25-10-402 No charge for copies furnished by party
Status: in_force

25-10-402 . No charge for copies furnished by party. In all cases in which copies of pleadings, affidavits, or other papers are to be served, the sheriff or clerk may not charge or receive a fee for making the copies when the copies are furnished to the sheriff or clerk by the party to the action or the party's attorney.
Mont. Code Ann. § 25-7-502 — MT Code / Title 25 / Chapter 7 / Part 5 / Section 25-7-502
25-7-502 Content of verdict -- action or counterclaim for recovery of money
Status: in_force

25-7-502 . Content of verdict -- action or counterclaim for recovery of money. When a verdict is found for the plaintiff in an action for the recovery of money or for the defendant when a counterclaim for the recovery of money is established exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery.
Mont. Code Ann. § Rule 18 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 18
Rule 18 Notice and copy of decision--remittitur
Status: in_force

Rule 18 . Notice and copy of decision--remittitur.

(a) Notice and copy of decision to be furnished. Upon the decision of a cause, notice thereof, together with a copy of the courts written order or opinion, will immediately be mailed to each party or their counsel.

(b) Remittitur--when issued--when copy of opinion to accompany. Remittitur may, in cases where it is deemed proper, be ordered forthwith; otherwise the same shall be issued promptly upon expiration of the time for filing appeal to the Montana Supreme Court. A copy of the order or opinion must accompany the remittitur when the judgment or order of the trial court is reversed or modified and the case remanded for further proceedings other than the entry of a final judgment or order terminating the proceedings in the trial court.
Mont. Code Ann. § 25-1-101 — MT Code / Title 25 / Chapter 1 / Part 1 / Section 25-1-101
25-1-101 One form of civil action
Status: in_force

25-1-101 . One form of civil action. There is in this state but one form of civil action for the enforcement or protection of private rights and the redress or prevention of private wrongs.
Mont. Code Ann. § 25-3-202 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-202
25-3-202 When officer's execution of process justified and required
Status: in_force

25-3-202 . When officer's execution of process justified and required. A sheriff, registered process server, or other ministerial officer is justified in the execution of and must execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.
Mont. Code Ann. § 25-13-213 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-213
25-13-213 Warrant of execution -- requirements -- penalties
Status: in_force

25-13-213 . Warrant of execution -- requirements -- penalties. (1) If there is reason to believe that there is personal property subject to execution that is located in the judgment debtor's residence, the judgment creditor or the judgment creditor's attorney may file an application for a warrant of execution with the court.

(2) The application must be supported by an affidavit from the judgment creditor or the judgment creditor's attorney:

(a) stating that a writ of execution has been issued and returned unsatisfied in whole or in part;

(b) stating that the affiant has reason to believe that there is property subject to execution in the possession of the judgment debtor in the judgment debtor's residence;

(c) stating that there is no other property of the judgment debtor available for levy and execution; and

(d) describing the property sought and the place and the purpose of the execution.

(3) If the judge determines that reasonable cause exists, the judge may issue a warrant of execution authorizing the sheriff or levying officer to enter the residence and levy upon property subject to execution.

(4) A sheriff or levying officer may condition service of a writ of execution and levy on property located in an area other than the judgment debtor's residence upon the judgment creditor's securing a warrant of execution in accordance with subsection (1) when the sheriff or levying officer believes the area is subject to a reasonable expectation of privacy.
Mont. Code Ann. § 25-13-203 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-203
25-13-203 Judgments requiring the performance of specific acts
Status: in_force

25-13-203 . Judgments requiring the performance of specific acts. (1) When the judgment requires the performance of any other act than those designated in 25-13-201 and 25-13-202 , a certified copy of the judgment may be served upon the party against whom the same is rendered or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court.

(2) Where a judgment directs a party to make a deposit or delivery or to convey real property, if the direction is disobeyed, the court, besides punishing the disobedience as a contempt, may by order require the sheriff or levying officer, who may be a registered process server, to take and deposit or deliver the money or other personal property or to convey the real property in conformity with the direction of the court.
Mont. Code Ann. § 25-7-501 — MT Code / Title 25 / Chapter 7 / Part 5 / Section 25-7-501
25-7-501 Return of verdict -- polling jury
Status: in_force

25-7-501 . Return of verdict -- polling jury. (1) When the jurors or two-thirds of them have agreed upon a verdict, they must be conducted into court, their names must be called by the clerk, and the verdict must be rendered by the lead juror. The verdict must be in writing and signed by the lead juror and must be read by the clerk to the jury, and the inquiry made whether it is the jury's verdict.

(2) Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is the juror's verdict. If upon the inquiry or polling more than one-third of the jurors disagree to the verdict, the jury must be sent out again, but if disagreement is not expressed, the verdict is complete and the jury discharged from the case.
Mont. Code Ann. § Rule 7 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 7
Rule 7 Jury Instructions and Verdict Forms
Status: in_force

Rule 7 - Jury Instructions and Verdict Forms.

(a) Submission. All proposed jury instructions and verdict forms must be delivered to the court in duplicate and a copy served upon all opposing parties at the time fixed in the pre-trial order. Subsequently, additional instructions may be allowed to prevent manifest injustice.

(b) Citation of authorities. Each proposed instruction shall identify at the bottom its source and cite supporting authorities, if any.

(c) Form. Each instruction shall be on 8 1/2" x 11" paper and shall, after the citations of authorities, indicate the requesting party and be numbered consecutively. One copy of the instructions filed with the court shall not be firmly bound together.

(d) Request for special findings by jury. Whenever a party desires special findings by a jury that party shall file with the court and serve a copy upon all opposing parties, in writing, the issues or questions of fact upon which such findings are requested, in proper form to submit to the jury.
Mont. Code Ann. § 25-10-107 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-107
25-10-107 Costs when tender was made before commencement of action
Status: in_force

25-10-107 . Costs when tender was made before commencement of action. When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.
Mont. Code Ann. § 25-14-306 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-306
25-14-306 Prisoner to take oath
Status: in_force

25-14-306 . Prisoner to take oath. If, upon the examination, the judge is satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: "I, ...., do solemnly swear that I have not any property, real or personal, in the amount of $50, except property that is by law exempted from being taken in execution, and that I have not any other property now conveyed or concealed or in any way disposed of with design to secure the property to my use or to hinder, delay, or defraud my creditors; so help me God."
Mont. Code Ann. § 25-3-401 — MT Code / Title 25 / Chapter 3 / Part 4 / Section 25-3-401
25-3-401 Notice requirements after appearance of defendant
Status: in_force

25-3-401 . Notice requirements after appearance of defendant. A defendant appears in an action when the defendant answers, files a motion, or gives the plaintiff written notice of appearance or when an attorney gives notice of appearance for the defendant or has the appearance entered in open court. After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given.
Mont. Code Ann. § Rule 12 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 12
Rule 12 Request for jury trial
Status: in_force

Rule 12 . Request for jury trial.

A request for a jury trial made within seven (7) days of the time set for trial may be treated by the court as a motion for continuance and the trial date vacated and reset.
Mont. Code Ann. § 25-35-508 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-508
25-35-508 Interpleader actions
Status: in_force

25-35-508 . Interpleader actions. (1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the small claims division of the justice's court when any person appears before a justice of the peace and executes an affidavit setting forth the nature and basis of the claim.

(2) The person filing the interpleader affidavit shall deposit the funds with the justice of the peace at the same time the interpleader affidavit is filed.

(3) The interpleader must be substantially in the following form:

IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'S COURT OF ......... COUNTY, MONTANA BEFORE ..............., JUSTICE OF THE PEACE.

.....................,

Plaintiff

vs.

....................., INTERPLEADER AFFIDAVIT

Defendant

and

.....................,

Defendant

)

State of Montana) ss

)

................., being duly sworn, deposes and says: That ................, a defendant, resides at ................ That ................, a defendant, resides at ................ That the plaintiff has custody or possession of money in the amount of $....., held pursuant to the following:

..................................................................

..................................................................

...................................................................

That the defendants claim or may claim to be entitled to the money. That the plaintiff deposits into the court $....., which represents the amount of money in dispute.

That the plaintiff resides at the address shown.

........................

Affiant

Subscribed and sworn to before me this .... day of ......., 20...

.........................

Justice of the Peace

..........................

Clerk

ORDER

The State of Montana to the within named defendants, greeting:

You are directed to appear and answer the interpleader claim at my office in ............... (name, building, or residence), in ................., County of ..............., State of Montana, on the ....... day of ........, 20..., at the hour of ......(AM)(PM) and to have with you all books, papers, and witnesses needed by you to establish your claim to the money.

You are further notified that in case you do not appear, judgment will be given against you as follows:

Determining or foreclosing your claim to the above-described money, as well as the disposition of the money, and in addition, for costs of the action.

Dated this ....... day of .............., 20...

........................

Justice of the Peace

.........................

Clerk
Mont. Code Ann. § 25-4-311 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-311
25-4-311 Damages for personal injury or wrongful death not to be stated
Status: in_force

25-4-311 . Damages for personal injury or wrongful death not to be stated. In an action for the recovery of money or damages for personal injury or wrongful death, the amount thereof may not be stated in the claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim.
Mont. Code Ann. § 25-7-503 — MT Code / Title 25 / Chapter 7 / Part 5 / Section 25-7-503
25-7-503 Content of verdict -- action for recovery of personal property
Status: in_force

25-7-503 . Content of verdict -- action for recovery of personal property. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff or if the defendant, by the defendant's answer, claims a return of the property, the jury, if the verdict is in favor of the plaintiff or if the verdict is in favor of the defendant and the jury also finds that the defendant is entitled to a return of the property, shall find the value of the property. However, failure to find all the facts mentioned in this section may not invalidate the verdict. The jury may at the same time assess the damages, if damages are claimed in the complaint or answer, that the prevailing party has sustained by reason of the taking or detention of the property.
Mont. Code Ann. § 25-33-101 — MT Code / Title 25 / Chapter 33 / Part 1 / Section 25-33-101
25-33-101 Exclusive method of review
Status: in_force

25-33-101 . Exclusive method of review. A judgment or order in a civil action, except when expressly made final by this code, may be reviewed as prescribed in this chapter and not otherwise. A party aggrieved may appeal in the cases prescribed in this chapter.
Mont. Code Ann. § 25-10-103 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-103
25-10-103 When costs discretionary
Status: in_force

25-10-103 . When costs discretionary. Unless otherwise provided, in actions other than those mentioned in 25-10-101 , costs may be allowed or not and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court, but no costs can be allowed in an action for the recovery of money or damages when the plaintiff fails to recover more than $50 or in an action to recover the possession of personal property when the value of the property is not more than $50.
Mont. Code Ann. § 25-40-112 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-112
25-40-112 Standards of professional responsibility and mandatory reporting not affected
Status: in_force

25-40-112 . Standards of professional responsibility and mandatory reporting not affected. This part does not affect:

(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
Mont. Code Ann. § 25-10-206 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-206
25-10-206 Secretary of state's fee for accepting service of process
Status: in_force

25-10-206 . Secretary of state's fee for accepting service of process. The fee paid by the plaintiff to the secretary of state pursuant to part 6 of chapter 3 and Rule 4(p), M.R.Civ.P., must be taxed as part of the plaintiff's costs if the plaintiff prevails in the action.
Mont. Code Ann. § 25-7-702 — MT Code / Title 25 / Chapter 7 / Part 7 / Section 25-7-702
25-7-702 Grounds for objection to appointment of referee
Status: in_force

25-7-702 . Grounds for objection to appointment of referee. Either party may object to the appointment of any person as referee on the same grounds that the party might object to the person as a trial juror, as provided in 25-7-223 .
Mont. Code Ann. § Rule 4 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 4
Rule 4 How appeals are taken
Status: in_force

Rule 4 . How appeals are taken.

(a) Filing notice of appeal. An appeal shall be taken by filing a timely notice of appeal in the municipal court.

(b) Joint or consolidated appeals. Two or more persons with interests making joinder practicable, may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the district court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(c) Content of notice of appeal. The notice of appeal shall specify the party or parties taking the appeal; and shall designate the judgment, order or part thereof appealed from. Form 1 in the Appendix of forms is a suggested form of notice of appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal.

(d) Service of notice of appeal. The clerk of the municipal court shall serve a copy of the filing of notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at the last known address of that party, and shall mail a copy of the notice to the clerk of the district court. The clerk of the municipal court shall note on each copy served, the date on which the notice of appeal was filed. If an appellant is represented by counsel, such counsel shall provide the clerk with sufficient copies of the notice of appeal to permit the clerk to comply with the requirements of this rule. Failure of the clerk to serve notice shall not affect the validity of the appeal. The notice shall be sufficient notwithstanding the death of a party or a party's counsel. The clerk shall note in the docket the names of the parties to whom the clerk mails copies, with the date of mailing.

(e) Appeal of protective order. Appeal of a protective order is governed by §§ 40-4-124 and 40-15-302 , MCA.

(f) Appeal from judgment by default. There is no appeal from a judgment by default rendered in a municipal court except on questions of law which appear on the face of the papers or proceedings and except in cases when the municipal court has abused its discretion in setting aside or refusing to set aside a default or judgment.
Mont. Code Ann. § Rule 21 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 21
Rule 21 Voluntary dismissal
Status: in_force

Rule 21 . Voluntary dismissal.

If the parties to an appeal or other proceeding shall sign and file with the clerk an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, and shall give to each party a copy of the agreement filed; but no mandate or other process shall issue without an order of the court. An appeal may be dismissed on motion of the appellant upon such terms as to costs as may be agreed upon by the parties or fixed by the court. If an appeal has not been docketed the appeal may be dismissed by the court from which the appeal was taken upon the filing in that court of a stipulation for dismissal signed by all parties, or upon motion and notice by the appellant. The clerk of the municipal court shall mail a copy of the order of dismissal to the clerk of the district court.
Mont. Code Ann. § 25-31-707 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-707
25-31-707 Procedure when defendant under arrest
Status: in_force

25-31-707 . Procedure when defendant under arrest. (1) If the application is on the part of the plaintiff and the defendant is under arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution in the same manner as if the defendant had not been discharged.

(2) If the application is on the part of a defendant under arrest, before it can be granted, the defendant shall execute an undertaking, with two or more sufficient sureties to be approved by and in a sum to be fixed by the justice, to the effect that the defendant will be amenable to the process of the court during the pendency of the action and to the process that may be issued to enforce the judgment in the action or that the sureties will pay to the plaintiff the amount of any judgment that the plaintiff may recover in the action, not exceeding the amount specified in the undertaking. On filing the undertaking specified in this subsection, the justice may order the defendant discharged from custody.
Mont. Code Ann. § 25-40-113 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-113
25-40-113 Appropriateness of collaborative law process
Status: in_force

25-40-113 . Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;

(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and

(3) advise the prospective party that:

(a) after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

(b) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

(c) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by 25-40-108 (3), 25-40-109 (2), or 25-40-110 (2).
Mont. Code Ann. § Rule 9 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 9
Rule 9 The record on appeal
Status: in_force

Rule 9 . The record on appeal.

(a) Composition of the record on appeal. The record on appeal to district court consists of the notice of appeal, an electronic recording or stenographic transcription of the case tried, together with the judgment entered and all papers and exhibits filed in the municipal court.

(b) Transcript of the proceedings. The electronic recording of the trial or proceeding will not be transcribed before transmission to the district court, except as provided by Rule 10(f) of these rules. If the proceedings were stenographically recorded the notes will be transcribed in full or in designated parts as stipulated by the parties. The appellant shall order from the reporter a transcript of the proceedings for transmission to the district court. The reporter shall certify the correctness of the transcript. Copies of the transcript shall be sent to all the parties. The appellant shall be liable for the costs of the transcript.

(c) Copies of electronic recording of proceedings. A party may request a copy of the electronic recording of the proceedings. Except as provided under subsection (d), the requesting party shall be liable for the costs of producing a copy of the electronic recording.

(d) Defendants in criminal cases without financial means--petition in municipal court.

(1) Upon imposition of any sentence in a criminal case, a defendant may file in the municipal court a petition requesting that the defendant be furnished with a copy of the electronic recording, or if an electronic recording was not made a transcription of the stenographic record, of the proceedings. The petition shall be verified by the petitioner and shall state facts showing that the petitioner is at the time of filing the petition without financial means to pay for the costs of reproducing the recording or pay for the transcript. If the municipal judge who imposed sentence finds that the defendant is without financial means with which to obtain a copy of the electronic recording, or pay for the transcript, the judge shall order the municipal clerk of court to deliver a copy of the electronic recording, or the transcript, to the defendant without charge.

(2) If the petition provided for in subsection (1) is denied by the municipal court, a petition to proceed may be filed in the district court within the time required for transmission of the record. The petition shall be accompanied by a copy of the verification filed in the trial court and a copy of the statement of reasons for denial given by the municipal court. The district court upon a finding that the defendant is without financial means, shall order the municipal clerk of court to deliver a copy of the electronic recording, or the transcript, to the defendant without charge.

(e) Statement of the evidence or proceedings when no record was made or when record is unavailable. If no electronic recording, or stenographic record, of the evidence or proceedings at a hearing or trial was made, or if the recording, or record, is unavailable, the appellant may, within 3 days from the hearing or trial or such time extended as the municipal court may for good cause shown permit, prepare a statement of the evidence or proceedings from the best available means, including the appellants recollection. The statement shall be served on the respondent, who may serve objections or propose amendments thereto within 3 days after service. Thereupon, the statement and any objections or proposed amendments shall be submitted for settlement and approval to the municipal court judge, and as settled and approved shall be included by the clerk of the municipal court in the record on appeal.

(f) Agreed statement as the record on appeal. In lieu of the record on appeal as defined in subdivision (a) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the municipal court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the statement conforms to the truth, it, together with such additions as the court may consider necessary to fully present the issues raised by the appeal, shall be approved by the municipal court and shall then be certified to the district court as the record on appeal and transmitted thereto by the clerk of the municipal court within the time provided by Rule 10.

(g) Correction or modification of record. If any difference arises as to whether the record truly discloses what occurred in the municipal court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the municipal court, either before or after the record is transmitted to the district court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the district court.
Mont. Code Ann. § 25-10-602 — MT Code / Title 25 / Chapter 10 / Part 6 / Section 25-10-602
25-10-602 Dismissal when security not given
Status: in_force

25-10-602 . Dismissal when security not given. After the lapse of 30 days from the service of notice that security is required or of an order for new or additional security, upon proof thereof and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
Mont. Code Ann. § 25-13-803 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-803
25-13-803 Subsequent redemptions -- when permitted -- amount paid
Status: in_force

25-13-803 . Subsequent redemptions -- when permitted -- amount paid. (1) If property is redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem the property from the last redemptioner on paying the sum on the last redemption with interest at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last redemptioner may have paid on the property after the redemption by the last redemptioner with interest at the same rate on that amount, and the amount of any liens held by the last redemptioner prior to the last redemptioner's own lien, with interest. However, the judgment under which the property was sold need not be paid as a lien. The property may be again, and as often as any redemptioner is disposed, redeemed from any previous redemptioner, within 60 days after the last redemption, by paying the sum paid on the last previous redemption with interest on the sum at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last previous redemptioner paid after the redemption by the last previous redemptioner with interest at the same rate, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to the last redemptioner's own lien, with interest at the same rate.

(2) If the judgment debtor or the judgment debtor's spouse redeems, the judgment debtor or the spouse shall make the same payments that are required to effect a redemption by a redemptioner.
Mont. Code Ann. § Rule 15 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 15
Rule 15 Local Rules Allowed
Status: in_force

Rule 15 - Local Rules Allowed.

Nothing in these Rules shall be construed as limiting the power of the district courts from promulgating rules that do not conflict with these Rules.
Mont. Code Ann. § Rule 10 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 10
Rule 10 Death or Removal of Attorney
Status: in_force

Rule 10 - Death or Removal of Attorney.

(a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws, or ceases to act as such, the attorney must inform the court and all other parties of the full name and address of the attorney's client and any other information which the court may find appropriate to assist in contacting the party.

(b) Except as allowed or modified by the limited scope of representation rules, when the attorney representing a party to an action or proceeding dies, is removed, withdraws, or ceases to act as such, that party, before any further proceedings are had against the party must be given notice by any opposing party:

(1) That the party must appoint another attorney or appear in person;

(2) The date of the trial or of the next hearing or action required in the case; and

(3) That if the party fails to appoint an attorney or appear in person by a date certain, which may not be less than twenty-one days from the date of the notice, the action or other proceeding will proceed and may result in a judgment or other order being entered against him/her, by default or otherwise.

(c) Notice may be by personal service or by certified mail to the party's last known address.

(d) If the party does not appoint another attorney or appear in person within twenty-one days of the service or mailing of the notice, the action may proceed to judgment. However, copies of all papers and documents required to be served by these Rules and the Rules of Civil Procedure shall be mailed to the party at the party's last known address.

(e) In addition to the foregoing requirements of this Rule and before any change or substitution of attorney is effective, regardless of the reason for such change or substitution, the requirements of sections 37-61-403 , 37-61-404 and 37-61-405 , MCA, shall have been fully satisfied.
Mont. Code Ann. § 25-13-304 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-304
25-13-304 Execution against property of judgment debtor
Status: in_force

25-13-304 . Execution against property of judgment debtor. If the writ is against the property of the judgment debtor, the writ must require the sheriff or levying officer to satisfy the judgment, with interest, out of the personal property of the debtor and, if sufficient personal property cannot be found, out of the debtor's real property as provided in 25-13-305 .
Mont. Code Ann. § 25-10-702 — MT Code / Title 25 / Chapter 10 / Part 7 / Section 25-10-702
25-10-702 Payment of costs by state
Status: in_force

25-10-702 . Payment of costs by state. When the state is a party and costs are awarded against it, they must be paid out of the state treasury.
Mont. Code Ann. § 25-13-811 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-811
25-13-811 Who to execute conveyance
Status: in_force

25-13-811 . Who to execute conveyance. In all cases when, under the provisions of this chapter, a purchaser of property at execution sale is entitled to a conveyance of the property, the conveyance must be executed to the purchaser by the officer who made the sale if the officer is still in office, but if the officer who made the sale is not in office at the time the purchaser may be entitled to the conveyance, then the conveyance must be executed by the officer's successor in office.
Mont. Code Ann. § 25-13-204 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-204
25-13-204 Enforcement of order to pay money
Status: in_force

25-13-204 . Enforcement of order to pay money. Whenever an order for the payment of a sum of money is made by a court or judge pursuant to the provisions of this code, it may be enforced by execution in the same manner as if it were a judgment.
Mont. Code Ann. § Rule 2 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 2
Rule 2 Multi-judge courts -- allocation of cases
Status: in_force

Rule 2 . Multi-judge courts -- allocation of cases.

(a) If there is more than one justice of the peace in the same county, or more than one city judge in the same city, the judges shall by agreement divide the court caseload, civil and criminal, among the judges.

(b) In the event that an agreement cannot be reached, upon application of one of the judges listed above, the district judge of the judicial district or the chief district judge in a multi-judge district, shall enter an order which equitably apportions the caseload among the judges considering whether the judges are full or part time.

(c) All law enforcement agencies within the court's jurisdictional area shall be informed of the order dividing the jurisdictional area. Complaints shall be filed with the court in compliance with the division order of the judges. A complaint improperly filed shall be reassigned to the proper judge and not dismissed.
Mont. Code Ann. § Rule 6 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 6
Rule 6 Motions
Status: in_force

Rule 6 . Motions.

(a) All motions or application for orders in civil or criminal cases must be made in writing as required by Rule 9 of the Montana Justice and City Court Rules of Civil Procedure. This rule does not apply to motions made during the progress of a trial.

(b) At the time of filing the motion, there shall be filed supporting affidavits or documents, if referred to in the motion or notice of motion.

(c) Failure to file briefs may subject the motion to summary ruling. Failure to file a brief within five days by the moving party shall be deemed an admission that the motion is without merit. Failure to file an answer brief by the adverse party within ten days shall be deemed an admission that the motion is well taken. Reply briefs are optional and failure to file will not subject a motion to summary ruling.

(d) The court may order oral argument on the motion.

(e) Unless oral argument is ordered, or unless the time is enlarged by the court, the motion is deemed submitted at the expiration of the applicable time limits.

(f) The requirement of a brief is fulfilled by a written statement or summary setting forth the facts and basis of the motion. The brief may be made a part of or attached to the motion.
Mont. Code Ann. § 25-7-302 — MT Code / Title 25 / Chapter 7 / Part 3 / Section 25-7-302
25-7-302 Directed verdict when no issues of fact
Status: in_force

25-7-302 . Directed verdict when no issues of fact. Where, upon the trial of an issue by a jury, the case presents only questions of law, the judge may direct the jury to render a verdict in favor of the party entitled thereto.
Mont. Code Ann. § 25-2-202 — MT Code / Title 25 / Chapter 2 / Part 2 / Section 25-2-202
25-2-202 Change of venue on agreement of parties
Status: in_force

25-2-202 . Change of venue on agreement of parties. All the parties to an action, by stipulation or by consent in open court entered in the minutes, may agree that the place of trial may be changed to any county in the state. Thereupon the court must order the change as agreed upon.
Mont. Code Ann. § 25-2-127 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-127
25-2-127 Challenge to recently enacted law
Status: in_force

25-2-127 . Challenge to recently enacted law. (1) The proper place of trial for an action that challenges a statute or session law enacted or amended within the legislative biennium is in a county that is wholly or partially within the legislative district of the primary sponsor of the bill that enacted or amended the statute or session law.

(2) As used in this section, the following definitions apply:

(a) "Challenge" means:

(i) to plead that a statute or session law is unconstitutional under a provision of the state or federal constitution; or

(ii) to seek an injunction against the execution of a statute.

(b) "Legislative biennium" means a 2-year period beginning on the first Monday of January of an odd-numbered year and ending the day before the first Monday of January of the next odd-numbered year.
Mont. Code Ann. § Rule 10 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 10
Rule 10 Filing and service of papers - generally
Status: in_force

Rule 10 . Filing and service of papers - generally.

(1) Filing.

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

(b) Facsimile filing. Procedural motions and notices of appeal and cross-appeal, substantially complying with Form 1 or 2 in the Appendix of Forms, may be filed by facsimile between 8:00 a.m. and 5:00 p.m. on business days. A facsimile shall not be timely filed unless it is actually received by the clerk of the supreme court within the time fixed for filing of the document. Any document filed by facsimile shall contain a statement of the date and time of the facsimile filing in the certificate of proof of service prescribed in section (4) of this rule. The facsimile must be filed by the clerk of the supreme court.

(c) A party to an appeal or original proceeding who is represented by counsel may not file pleadings, motions, or documents on the party's own behalf, except that a party may file a motion for substitution or removal of counsel.

(2) 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 of the supreme court shall, at or before the time of filing, be served by the party on all other parties to the appeal or review. Service on a party represented by counsel shall be made on counsel. In criminal cases appealed by the defendant and in appeals relating to involuntary commitment and proceedings regarding abused or neglected children, all briefs, motions, and other papers, not including transcripts, shall be served on both the county attorney and the attorney general. In such cases, transcripts shall be served on the attorney general only, and an electronic copy of filed transcripts will be made available to the county attorney at no cost by the court reporter upon request.

(3) Manner of service. Service may be made personally 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.

(4) Proof of service. Papers presented for filing shall contain a certificate of service in the form of a statement of the date and manner of service and of the names and addresses 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 of the supreme court may permit papers to be filed without a certificate of service but shall require the certificate to be filed within 5 business days.

(5) Number of copies to be filed. A signed original and 7 copies of all motions (other than motions for extension of time), petitions for rehearing, and the answers or responses thereto, shall be filed with the clerk of the supreme court unless otherwise ordered by the court. The original only of motions for extension of time shall be filed. The number of copies of transcripts shall be in accordance with rule 8(4)(b) and the number of copies of briefs shall be in accordance with rule 13(2). At the time of filing an uncontested procedural motion, counsel shall present a proposed order granting the relief requested, together with sufficient copies for service upon all parties, as well as stamped envelopes addressed to the same.

(6) Use of initials for parties in certain proceedings. In any proceeding regarding abused or neglected children under Title 41, Chapter 3, or in any proceeding under Title 40, Chapter 6, part 1 (Uniform Parentage Act); Title 41, Chapter 5 (Youth Court Act); Title 42 (Adoption); Title 52, Chapter 3, part 8 (Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act); Title 53, Chapter 20 (Developmental Disabilities); Chapter 21 (Mentally Ill); or Chapter 24 (Alcoholism and Drug Dependence); or Title 72, Chapter 5, part 3 (Guardians of Incapacitated Persons), only the initials of the child, parent(s), or individual party(ies), as the case may be, may be used in all filings, unless otherwise provided by law.

(7) Redaction of confidential personal information.

(a) Confidential personal information includes complete social security numbers, complete financial account and taxpayer identification numbers, full birth dates of any person, and information that is not to be accessible to the public pursuant to state or federal law.

(b) Confidential personal information shall be redacted from documents filed with the clerk of the supreme court by the party who files the document. The original document without redaction of confidential personal information shall be filed with the clerk and remain under seal absent a request to obtain access granted under the Rules for Privacy and Public Access to Court Records in Montana or further order of the supreme court.

(c) Exemptions from the redaction requirement. The redaction requirement does not apply to the following:

(i) a financial account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding;

(ii) the record of an administrative or agency proceeding;

(iii) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; and

(iv) a filing made under seal.

(d) Filings made under seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

(e) Protective orders. For good cause, the court may by order in a case:

(i) require redaction of additional information;

(ii) limit or prohibit a nonparty's remote electronic access to a document filed with the court; or

(iii) provide other guidance regarding privacy and access consistent with the Rules for Privacy and Public Access to Court Records in Montana.

(f) Option for filing a reference list. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.

(g) Appendices. Because copies of documents included in appendices to briefs are not published and are solely for the supreme court's use, confidential personal information appearing in appendices need not be redacted.

(h) Non-conforming documents.

(i) Waiver. A person waives the protection of rule 10(7) as to the person's own information by filing it without redaction and not under seal.

(ii) Sanctions. If a party fails to comply with this rule, the court on motion of another party or its own motion, may order the pleading or other document to be reformed. If the order is not obeyed, the court may order the document stricken.
Mont. Code Ann. § 25-40-118 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-118
25-40-118 Limits of privilege
Status: in_force

25-40-118 . Limits of privilege. (1) There is no privilege under 25-40-116 for a collaborative law communication that is:

(a) available to the public or made during a session of a collaborative law process that is open or is required by law to be open to the public;

(b) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(c) intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

(d) in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

(2) The privileges under 25-40-116 for a collaborative law communication do not apply to the extent that a communication is:

(a) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

(b) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult unless the department of public health and human services is a party to or otherwise participates in the process.

(3) There is no privilege under 25-40-116 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest of protecting confidentiality, and the collaborative law communication is sought or offered in:

(a) a court proceeding involving a felony or misdemeanor; or

(b) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

(4) If a collaborative law communication is subject to an exception under subsection (2) or (3), only the part of the communication necessary for the application of the exception may be disclosed or admitted.

(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

(6) The privileges under 25-40-116 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
Mont. Code Ann. § 25-40-104 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-104
25-40-104 Beginning and concluding collaborative law process
Status: in_force

25-40-104 . Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement.

(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.

(3) A collaborative law process is concluded by a:

(a) resolution of a collaborative matter as evidenced by a signed record;

(b) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(c) termination of the process.

(4) A collaborative law process terminates:

(a) when a party gives notice to other parties in a record that the process is ended;

(b) when a party:

(i) begins a proceeding related to a collaborative matter without the agreement of all parties; or

(ii) in a pending proceeding related to the matter:

(A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;

(B) requests that the proceeding be scheduled for trial; or

(C) takes a similar action requiring notice to be sent to the parties; or

(c) except as otherwise provided by subsection (7), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(6) A party may terminate a collaborative law process with or without cause.

(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) is sent to the parties:

(a) the unrepresented party engages a successor collaborative lawyer; and

(b) in a signed record:

(i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;

(ii) the agreement is amended to identify the successor collaborative lawyer; and

(iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Mont. Code Ann. § 25-40-119 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-119
25-40-119 Authority of tribunal in case of noncompliance
Status: in_force

25-40-119 . Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115 , a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they:

(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and

(b) reasonably believed they were participating in a collaborative law process.

(2) If a tribunal makes the findings specified in subsection (1) and the interests of justice require, the tribunal may:

(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(b) apply the disqualification provisions of 25-40-104 , 25-40-105 , 25-40-108 , 25-40-109 , and 25-40-110 ; and

(c) apply a privilege under 25-40-116 .
Mont. Code Ann. § 25-3-101 — MT Code / Title 25 / Chapter 3 / Part 1 / Section 25-3-101
25-3-101 Definitions
Status: in_force

25-3-101 . Definitions. As used in parts 2 and 3 of this chapter, the following definitions apply:

(1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding.

(2) "Process" includes all writs, warrants, summonses, and orders of courts of justice or judicial officers.
Mont. Code Ann. § 25-13-807 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-807
25-13-807 Papers redemptioner must produce
Status: in_force

25-13-807 . Papers redemptioner must produce. A redemptioner shall produce, to the officer or person from whom the redemptioner seeks to redeem, and serve with the notice to the sheriff:

(1) (a) a copy of the docket of the judgment under which the redemptioner claims the right to redeem, certified by the clerk of the court or by the clerk of the district court in the county where the judgment is docketed;

(b) if upon a mortgage or other lien, a note of the record of the mortgage or lien, certified by the county clerk; or

(c) if upon an attachment, a copy of the affidavit of attachment, certified by the clerk of the district court;

(2) a copy of any assignment necessary to establish the redemptioner's claim, verified by the affidavit of the redemptioner or of a subscribing witness;

(3) an affidavit by the redemptioner or the redemptioner's agent showing the amount then actually due upon the lien.
Mont. Code Ann. § Rule 10 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 10
Rule 10 Duty to make service
Status: in_force

Rule 10 . Duty to make service.

(a) It shall be the duty of the parties when personal service is required of an order, warrant, summons, subpoenas, or any such order, to cause it to be delivered to the chief of police, sheriff or other qualified person for service.

(b) It shall be the duty of the parties in all cases to simultaneously serve their adversaries with a copy of all motions, pleas and briefs on the same day as filing with the court.
Mont. Code Ann. § 25-14-108 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-108
25-14-108 Contempt to disobey referee's orders
Status: in_force

25-14-108 . Contempt to disobey referee's orders. If any person, party, or witness disobeys an order of the referee, properly made in the proceedings before the referee under parts 1 and 2 of this chapter, the person, party, or witness may be punished by the court or judge ordering the reference for a contempt.
Mont. Code Ann. § Rule 20 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 20
Rule 20 Petitions for rehearing
Status: in_force

Rule 20 . Petitions for rehearing.

(1) Criteria for petitions for rehearing.

(a) The supreme court will consider a petition for rehearing presented only upon the following grounds:

(i) That it overlooked some fact material to the decision;

(ii) That it overlooked some question presented by counsel that would have proven decisive to the case; or

(iii) That its decision conflicts with a statute or controlling decision not addressed by the supreme court.

(b) The clerk of the supreme court will not accept a petition for rehearing for filing if the supreme court orders that remittitur, peremptory writ, or judgment issue immediately.

(c) The clerk of the supreme court will not accept a petition for rehearing for filing after remittitur has issued or after the time for filing such a petition has expired in a proceeding filed under rule 14.

(d) Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of its orders disposing of motions or petitions for extraordinary writs.

(e) Petitions for rehearing will not be argued orally.

(2) Timing.

(a) A party must file and serve a petition for rehearing within 15 days after the supreme court decision has been filed, unless the supreme court expressly shortens or enlarges the time by order.

(b) A party opposing the petition for rehearing shall have 15 days after the filing of the petition for rehearing in which to file and serve objections.

(c) Any motion for extension of time in which to file a petition for rehearing must be filed within the 15-day period for filing the petition for rehearing. The supreme court will grant extensions of time only upon a showing of unusual merit and in no event will grant an extension of time in excess of 15 days. The extension period will run from the date of the supreme court's order granting the extension.

(d) The clerk of the supreme court shall not accept reply briefs for filing.

(3) Length. The text of the petition for rehearing and objections thereto shall not exceed 2,500 words if proportionately spaced or 10 pages if prepared in monospaced typeface or typewritten.

(4) Filing.

(a) The parties shall file a signed original and 7 copies of the petition for rehearing and objections thereto with the clerk of the supreme court.

(b) The petition for rehearing and objections thereto must contain a certificate of service on the opposing party.

(c) The petition for rehearing and objections thereto must contain a certificate verifying that the document's word count and words per page comply with section (3) of this rule.
Mont. Code Ann. § 25-10-502 — MT Code / Title 25 / Chapter 10 / Part 5 / Section 25-10-502
25-10-502 Procedure upon objection to bill of costs
Status: in_force

25-10-502 . Procedure upon objection to bill of costs. A party dissatisfied with the costs claimed may, within 5 days after notice of filing of the bill of costs, file and serve a notice of a motion to have the same taxed by the court in which the judgment was rendered or by the judge thereof at chambers.
Mont. Code Ann. § 25-9-101 — MT Code / Title 25 / Chapter 9 / Part 1 / Section 25-9-101
25-9-101 Judgment to be on the merits
Status: in_force

25-9-101 . Judgment to be on the merits. In every case, judgment must be rendered on the merits, except as provided in 25-1-104 and Rule 41, M.R.Civ.P.
Mont. Code Ann. § Rule 3 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 3
Rule 3 Place of trial or venue
Status: in_force

Rule 3 . Place of trial or venue.

A. Proper place of trial.

The proper place for the trial of an action is called "venue". There may be one or more proper place(s) for the trial of a particular action, and justice and city courts may have concurrent venue under these rules. The proper place for trial is determined by the type of case or the residence of the defendant. If application of this rule to a particular case produces more than one proper venue, the plaintiff may file the case in any one of the proper venues. If the plaintiff does not file in any proper venue, the defendant may move to dismiss the action under subsection B of this rule. If plaintiff does file in a proper venue, either party may move to change venue under subsection c of this rule.

(1) Residence of Defendant.

(a) Venue is always proper in the county (for justice court actions) or city (city court actions) where the Montana defendant, or any one of the Montana defendants, reside(s) at the time the complaint is filed.

(b) If no defendant resides in Montana at the time the complaint is filed, venue is proper in any county (justice court actions) or city (city court actions) in Montana.

(c) (i) A defendant which is a corporation is a Montana resident if it is incorporated in the state of Montana at the time the complaint is filed. The Montana Secretary of State maintains records of incorporation. If the defendant corporation is incorporated in Montana, it shall be deemed to be a resident of each county (justice court actions) or city (city court actions) in which it has a place of business at the time the complaint is filed.

(ii) For a corporate defendant which is not incorporated in Montana, venue is proper in any county or city in Montana.

(d) If there is more than one defendant, a venue that is proper for any defendant is proper for all defendants, even if that venue would not be proper for one of the defendants if sued alone. If an action with two or more defendants is brought in a venue which is not proper for any of the defendants, any of the defendants may move to dismiss the action, without prejudice, for improper venue under Rule 3B.

(2) Additional Proper Venues.

In addition to the county or city of a defendant's residence as set forth in subsection (1), venue is proper as follows:

(a) Actions based on contract or other obligation. When the defendant or all of the defendants reside in a county other than that in which the right of action accrues and the action is for damages for violation of an express or implied contract or for money due on an express or implied contract, debt, note, or account, the action also may be commenced and, subject to the provisions of Rule 3C, may be tried in the county or city in which the contract or obligation must be performed. Unless the contract specifically provides otherwise, the place of performance of the contract or obligation is the county or city in which the payment was to be due or the act constituting the obligation was to be performed.

(b) Actions for damages for injury to person or property. When the action is for damages for injury to person or property, the action also may be commenced and, subject to the provisions of Rule 3C, may be tried, in the county or city where the injury was incurred.

(c) Actions for taking or recovery of personal property. When the action is for the recovery of personal property or its value or for damages for taking or detaining the personal property, the action also may be commenced and, subject to the provisions of Rule 3C, may be tried, in the county or city in which all or any part of the property is found, or in the county or city in which all or any part of the property was taken.

(d) Actions for forcible entry or unlawful detainer. An action for the recovery of the possession of real property may be commenced in the county or city in which all or any part of the real property affected by the action is situated.

B. Improper Place of Trial.

(1) Dismissal. When the county or city in which the complaint is filed is not the proper venue, and any party moves for dismissal because of the improper venue, the court must dismiss the complaint without prejudice. Any motion for dismissal for improper venue under this subsection must be made at least ten days before trial, or it is waived. A complaint dismissed because of improper venue may be refiled in another county or city upon the payment of the filing fee. If a complaint is filed in an improper venue and is subsequently dismissed under this subsection, the applicable statute of limitations stops running on the date the complaint is filed, and restarts thirty (30) days after the service on the opposing party of the order of dismissal.

(2) Consideration of Venue on Appeal. If a party moves to dismiss a complaint because of improper venue, and the motion is denied, the case shall continue through judgment.

C. Change of Venue.

(1) When change of venue permitted. At any time more than ten days before trial, any party may move for and the court may order a change in the place of trial when it appears to the satisfaction of the judge before whom the action is then pending:

(a) by affidavit of either party, that the judge is a material witness for either party;

(b) that, based on affidavit, a jury has been demanded and one or more of the part(y)ies cannot have a fair and impartial trial because of the bias or prejudice of the prospective jurors;

(c) that the judge is disqualified from acting pursuant to Supreme Court rule published at Title 3, chapter 1, part 8, M.C.A.; or

(d) that the judge is sick or unable to act.

(2) Where action to be transferred. When the court orders the place of trial to be changed, the action shall be transferred for trial to a court mutually agreeable to the parties or, if they do not agree, to the nearest appropriate court in which the judge agrees to accept the case.

(3) Papers to be transmitted. After an order has been made transferring the action or proceeding to another court for trial and on payment by the applying party of all accrued costs, the judge ordering the transfer shall immediately transmit to the judge of the court to which the trial is transferred the pleadings and all papers in the action, together with a certified transcript from the docket of the proceedings. The court to which the case is transferred must not charge any additional filing fee.

(4) Jurisdiction of transferee court. From the time the order changing the place of trial is made, the court to which the action or proceeding is transferred has the same jurisdiction over it as though it had been originally commenced in that court.

(5) Notice of time and place of trial -- pleading. On receipt of the papers, pleadings, and transcripts, the judge of the court to which the action or proceeding is transferred shall issue a notice stating the time and place of the trial and mail the notice to the parties at least 10 days before the time fixed for trial. If the defendant has not filed an answer, the court shall order an answer to be filed within 10 days.
Mont. Code Ann. § 25-10-109 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-109
25-10-109 Prisoner attendance at civil proceeding prohibited -- exceptions -- costs
Status: in_force

25-10-109 . Prisoner attendance at civil proceeding prohibited -- exceptions -- costs. (1) A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:

(a) the person is a respondent in a proceeding to terminate parental rights; or

(b) the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.

(2) A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:

(a) notifying the department and allowing the department 15 days to file a written objection; and

(b) if requested, granting the department an opportunity to appear and present evidence that the person's attendance at the proceeding represents a security risk.

(3) A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.
Mont. Code Ann. § 25-33-201 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-201
25-33-201 Undertaking on appeal
Status: in_force

25-33-201 . Undertaking on appeal. (1) Except as provided in subsection (4), an appeal from a justice's or city court is not effectual for any purpose unless an undertaking is filed, with two or more sureties, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money. The undertaking must be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from and all costs if the appeal is withdrawn or dismissed or the amount of any judgment and all costs that may be recovered against the appellant in the action in the district court.

(2) Except as provided in subsection (4), an appeal from a justice's or city court is not effectual for any purpose unless an undertaking is filed, with two or more sureties, in a sum equal to twice the value of the property, including costs, when the judgment is for the recovery of specific personal property. When the action is for the recovery of specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed from and obey the order of the court made in the action if the appeal is withdrawn or dismissed or pay any judgment and costs that may be recovered against the appellant in the action in the district court and obey any order made by the court in the action.

(3) Except as provided in subsection (4), when the judgment appealed from directs the delivery of possession of real property, the execution of the judgment cannot be stayed unless a written undertaking is executed on the part of the appellant, with two or more sureties, to the effect that:

(a) during the possession of the property by the appellant, the appellant will not commit or suffer to be committed any waste on the property; and

(b) if the appeal is dismissed or withdrawn or the judgment is affirmed or judgment is recovered against the appellant in the action in the district court, the appellant will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession of the property or the appellant will pay any judgment and costs that may be recovered against the appellant in the action in the district court, not exceeding a sum to be fixed by the justice or judge of the court from which the appeal is to be taken, which sum must be specified in the undertaking.

(4) When the appealing party is determined by the court to be indigent, the district court shall waive the undertaking requirements of this section.
Mont. Code Ann. § 25-9-715 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-715
25-9-715 Uniformity of application and construction
Status: in_force

25-9-715 . Uniformity of application and construction. This part must be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Mont. Code Ann. § 25-14-102 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-102
25-14-102 Procedure when debtor withholding property from execution -- arrest
Status: in_force

25-14-102 . Procedure when debtor withholding property from execution -- arrest. (1) After the issuing of an execution against property and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court that any judgment debtor has property that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment, the judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge or a referee appointed by the judge to answer concerning the refusal. Proceedings may be had for the application of the property of the judgment debtor toward the satisfaction of the judgment that are provided for upon the return of an execution.

(2) Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor or the judgment creditor's agent or attorney, if it appears to the judge that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring the debtor before the judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking with sufficient surety that the judgment debtor will attend from time to time before the judge or referee, as may be directed during the pendency of proceedings and until the final determination of the proceedings, and will not in the meantime dispose of any portion of the judgment debtor's property that is not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to prison.
Mont. Code Ann. § Rule 3 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 3
Rule 3 Files and exhibits
Status: in_force

Rule 3 . Files and exhibits.

(a) The court is the custodian of all court files. Files shall not be taken from the court without the consent of the judge.

(b) Every exhibit placed on file or offered in evidence shall be held in the custody of the court. Unless there be good reason why the original of an exhibit should be retained, upon application, the court may order a copy filed in its place. Public records offered in evidence may be withdrawn at the conclusion of the hearing on order of the court.

(c) Exhibits may be withdrawn by the party offering them thirty days after a judgment has become final. Forty-five days after a judgment has become final, a party may apply to the court for an order to dispose of exhibits, and shall notify the other party of said application. Twenty days after mailing of said notice the court may enter its order authorizing disposition of exhibits.
Mont. Code Ann. § 25-33-305 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-305
25-33-305 Costs when appeal unsuccessful
Status: in_force

25-33-305 . Costs when appeal unsuccessful. If the party appealing fails to reduce the judgment against the party or to enlarge the judgment in the party's favor appealed from $10 or more or reverse the judgment in the district court, the party may not recover any costs of appeal.
Mont. Code Ann. § 25-9-203 — MT Code / Title 25 / Chapter 9 / Part 2 / Section 25-9-203
25-9-203 How amount expressed
Status: in_force

25-9-203 . How amount expressed. In judgments, the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions of a cent.
Mont. Code Ann. § 25-14-204 — MT Code / Title 25 / Chapter 14 / Part 2 / Section 25-14-204
25-14-204 When property vests in receiver
Status: in_force

25-14-204 . When property vests in receiver. The property of the judgment debtor is vested in a receiver who has qualified from the time of filing the order appointing the receiver, subject to the following exceptions:

(1) Real property is vested in the receiver only from the time when the order is filed with the clerk of the court or a certified copy of the order, as the case may be, is filed with the clerk of the county where it is situated.

(2) When the judgment debtor, at the time when the order is filed, resides in another county of the state, the judgment debtor's personal property is vested in the receiver only from the time when a copy of the order, certified by the clerk in whose office it is filed, is filed with the clerk of the district court of the county where the judgment debtor resides.
Mont. Code Ann. § 25-2-113 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-113
25-2-113 Power of court to change place of trial
Status: in_force

25-2-113 . Power of court to change place of trial. The designation in this part of a proper place of trial does not affect the power of a court to change the place of a trial for the reasons stated in 25-2-201 (2) or (3), or pursuant to an agreement of the parties as provided in 25-2-202 .
Mont. Code Ann. § 25-13-712 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-712
25-13-712 Property subject to a security interest -- disposition of proceeds, security agreement
Status: in_force

25-13-712 . Property subject to a security interest -- disposition of proceeds, security agreement. (1) When the property taken under 25-13-505 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:

(a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and

(b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.

(2) In the event the property is sold under execution, such creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.
Mont. Code Ann. § 25-9-701 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-701
25-9-701 Short title
Status: in_force

25-9-701 . Short title. This part may be cited as the "Uniform Foreign-Money Claims Act".
Mont. Code Ann. § Rule 22 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 22
Rule 22 Relief from judgment
Status: in_force

Rule 22 . Relief from judgment.

A. RELIEF. A judge may, on such terms as may be just and on the payment of costs, relieve a party from any judgment or other order taken against the party by mistake, inadvertence, surprise, or excusable neglect, but the application for relief must be made within 30 days after entry of the judgment and upon an affidavit showing good cause for it. The party applying for relief shall serve the application and give notice of hearing to all other parties. The court shall set a hearing within 10 days after receipt of the application.

B. CLERICAL MISTAKES. Clerical mistakes or errors arising from oversight or omission in pleadings, judgments, orders, and other parts of the record may be corrected by the court at any time on its own initiative or on the motion of any party and after any notice the court may order.
Mont. Code Ann. § 25-2-131 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-131
25-2-131 Specific statutes control
Status: in_force

25-2-131 . Specific statutes control. The provisions of this part do not repeal, by implication or otherwise, specific statutes not within this part, designating a proper place of trial, whether or not such a designation is called venue or proper place of trial.
Mont. Code Ann. § Rule 9 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 9
Rule 9 Witnesses subpoenas
Status: in_force

Rule 9 . Witnesses subpoenas.

(a) When a case is set for trial the parties shall file with the court a written request for subpoenas for all known witnesses, and for any additional witnesses as soon as they are ascertained.

(b) The requesting party shall cause the subpoenas to be served as provided by law.

(c) No motion for continuance will be entertained unless a substantial compliance with this rule is shown.
Mont. Code Ann. § 25-15-104 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-104
25-15-104 Answer -- time for filing -- contents
Status: in_force

25-15-104 . Answer -- time for filing -- contents. Upon the summons, the defendant may answer within the time specified in the summons, denying the judgment or setting up any defense that may have arisen subsequently, or the defendant may deny liability on the obligation upon which the judgment was recovered, except a discharge from liability because of the statute of limitations.
Mont. Code Ann. § 25-8-104 — MT Code / Title 25 / Chapter 8 / Part 1 / Section 25-8-104
25-8-104 Safekeeping of deposit by county treasurer
Status: in_force

25-8-104 . Safekeeping of deposit by county treasurer. The treasurer shall keep each fund distinct and open an account for each fund. For the safekeeping of the money deposited with the treasurer, the treasurer's official bond is security.
Mont. Code Ann. § 25-31-119 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-119
25-31-119 Interpleader actions
Status: in_force

25-31-119 . Interpleader actions. (1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the justice's court when any person appears before a justice of the peace and executes an affidavit setting forth the nature and basis of the claim.

(2) The person filing the interpleader affidavit shall deposit the funds with the justice of the peace at the same time the interpleader affidavit is filed.

(3) The interpleader must be substantially in the following form:

In the Justice's Court of the State of Montana in and for the County of ............., before ..............., Justice of the Peace.

....................,

Plaintiff

vs.

...................., INTERPLEADER AFFIDAVIT

Defendant

and

....................,

Defendant

)

State of Montana ) ss

)

................., being duly sworn, deposes and says: That ................, a defendant, resides at ................ That ................, a defendant, resides at ................ That the plaintiff has custody or possession of money in the amount of $....., held pursuant to the following:

..................................

..................................

..................................

..................................

That the defendants claim or may claim to be entitled to the money. That the plaintiff deposits into the court $....., which represents the amount of money in dispute.

That the plaintiff resides at the address shown.

..........................

Affiant

Subscribed and sworn to before me this .... day of ......., 20....

............................

Justice of the Peace

...........................

Clerk

ORDER

The State of Montana to the within named defendants, greeting:

You are directed to appear and answer the interpleader claim at my office in ............... (name, building, or residence), in ................., County of ..............., State of Montana, on the ....... day of ........, 20..., at the hour of ......(AM)(PM) and to have with you all books, papers, and witnesses needed by you to establish your claim to the money.

You are further notified that in case you do not appear, judgment will be given against you as follows:

Determining or foreclosing your claim to the above-described money, as well as the disposition of the money; and in addition, for costs of the action.

Dated this ....... day of .............., 20...

............................

Justice of the Peace

..............................

Clerk
Mont. Code Ann. § Rule 7 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 7
Rule 7 Ex parte matters
Status: in_force

Rule 7 . Ex parte matters.

All requests for extension of time or continuances and other permissible ex parte matters shall be in writing. The request must provide that the opposing party has been contacted and given reasonable notice of:

(a) the time and place of the ex parte conference or meeting,

(b) the substance of the order sought, and

(c) whether the party opposes the matter.
Mont. Code Ann. § 25-7-402 — MT Code / Title 25 / Chapter 7 / Part 4 / Section 25-7-402
25-7-402 Admonition when jury permitted to separate
Status: in_force

25-7-402 . Admonition when jury permitted to separate. If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with or suffer themselves to be addressed by any other person on any subject of the trial and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.
Mont. Code Ann. § 25-40-107 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-107
25-40-107 Approval of agreement by tribunal
Status: in_force

25-40-107 . Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process.
Mont. Code Ann. § Rule 5 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 5
Rule 5 Form and quality of paper filed
Status: in_force

Rule 5 . Form and quality of paper filed.

(a) All papers, except the Uniform Complaint and Notice to Appear, shall be written in ink or typed on a good grade of white paper 8 1/2" by 11" in size.

(b) At the upper left margin of the first page of all papers filed with the court, shall be the name, address and telephone number of the responsible attorney or party. Below the responsible party information shall appear the title of the court, the case title and the docket number.
Mont. Code Ann. § 25-13-606 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-606
25-13-606 Protection of property of residents
Status: in_force

25-13-606 . Protection of property of residents. A resident of this state is entitled to the exemptions provided in this part.
Mont. Code Ann. § 25-2-203 — MT Code / Title 25 / Chapter 2 / Part 2 / Section 25-2-203
25-2-203 Papers to be transmitted
Status: in_force

25-2-203 . Papers to be transmitted. When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleading and papers therein to the clerk of the court to which it is transferred.
Mont. Code Ann. § 25-10-102 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-102
25-10-102 When costs allowed, of course, to defendant
Status: in_force

25-10-102 . When costs allowed, of course, to defendant. Costs must be allowed, of course, to the defendant upon a judgment in the defendant's favor in the actions mentioned in 25-10-101 .
Mont. Code Ann. § 25-4-402 — MT Code / Title 25 / Chapter 4 / Part 4 / Section 25-4-402
25-4-402 Counterclaim against person suing in representative capacity
Status: in_force

25-4-402 . Counterclaim against person suing in representative capacity. In an action brought by an executor or administrator in a representative capacity, a demand against the decedent belonging at the time of the decedent's death to the defendant may be set forth by the defendant as a counterclaim as if the action had been brought by the decedent in the decedent's lifetime. If a balance is found to be due to the defendant, judgment must be rendered for the balance against the plaintiff in the representative capacity. Execution can be issued upon the judgment only in a case in which it could be issued upon a judgment in an action against the executor or administrator.
Mont. Code Ann. § 25-7-404 — MT Code / Title 25 / Chapter 7 / Part 4 / Section 25-7-404
25-7-404 Papers which may be taken into jury room
Status: in_force

25-7-404 . Papers which may be taken into jury room. Upon retiring for deliberation, the jurors may take with them all papers which have been received as evidence in the cause except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them notes of the testimony or other proceedings on the trial taken by themselves or any of them but none taken by any other person.
Mont. Code Ann. § 25-31-1002 — MT Code / Title 25 / Chapter 31 / Part 10 / Section 25-31-1002
25-31-1002 How costs taxed
Status: in_force

25-31-1002 . How costs taxed. In a justice's or city court, a cost bill is not required to be filed, but the justice or judge shall tax the costs and make an itemized statement of all the costs incurred by each party in the docket.
Mont. Code Ann. § 25-30-102 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-102
25-30-102 Fees and fines -- collection
Status: in_force

25-30-102 . Fees and fines -- collection. (1) (a) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in subsection (2), all fees and fines collected by the court must be paid into the city treasury.

(b) Fees assessed in municipal court may not exceed the fees authorized to be paid to a justice's court in 25-31-112 .

(2) (a) The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court. The fee incurred by the municipal court must be added to the judgment.

(b) In the event that a private person or entity is retained to collect a judgment, the municipal court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.

(c) The municipal court, after deducting the charges provided for in 46-18-236 , may pay the private person or entity a reasonable fee for collecting the judgment.
Mont. Code Ann. § 25-13-506 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-506
25-13-506 Duty of secured party
Status: in_force

25-13-506 . Duty of secured party. (1) The secured party under any security agreement of record is required, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a judgment of the creditor against the debtor, to make and file in the office of the county clerk and recorder or other filing officer with whom the financing statement covering the security agreement is filed an affidavit showing the amount of the indebtedness then actually due and owing to the secured party. The affidavit must state the amount of the original obligation for which the security agreement was given as security, all additional advancement of money or property on the principal obligation since the date of the execution of the security agreement, all payments, whether on principal or interest, made by the debtor to the date of the execution of the affidavit by the secured party, and the balance then remaining due and unpaid to the secured party. If within 15 days from the service of any demand in writing on the secured party by any creditor of the debtor the secured party fails, refuses, or neglects to file the affidavit, the security agreement is of no effect as against the creditor upon the seizure of any personal property on execution.

(2) If the amount shown to be due is paid to the county treasurer, to a filing officer, or to the secured party in satisfaction of the security agreement by any execution creditor against the debtor, the secured party is required to surrender to the county treasurer or the filing officer the security agreement and any note or other evidence of indebtedness secured by the agreement, note, or other evidence of indebtedness. The security agreement or other evidence of indebtedness must be delivered by the secured party, county treasurer, or filing officer to the execution creditor.
Mont. Code Ann. § 25-9-301 — MT Code / Title 25 / Chapter 9 / Part 3 / Section 25-9-301
25-9-301 Docketing of judgment -- lien -- expiration
Status: in_force

25-9-301 . Docketing of judgment -- lien -- expiration. (1) Immediately after the entry of the judgment in the judgment book, the clerk shall make entries of the judgment under appropriate heads in the docket kept by the clerk.

(2) From the time the judgment is docketed, it becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien ceases. Except as provided in 61-6-123 , the lien continues for 10 years unless the judgment is previously satisfied.

(3) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
Mont. Code Ann. § Rule 3 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 3
Rule 3 Ex Parte Matters
Status: in_force

Rule 3 - Ex Parte Matters.

Except as otherwise provided by these Rules or statute, no document, including briefs, proposed orders and proposed judgments, or other communications, may be presented to the court at any time unless it is first filed with the court and served on all parties.
Mont. Code Ann. § 25-13-821 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-821
25-13-821 Possession of lands during redemption period
Status: in_force

25-13-821 . Possession of lands during redemption period. The purchaser of land at execution sales is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the debtor and the debtor's family. The intention of this section is to ensure to the debtor the possession of the debtor's land during the year of redemption.
Mont. Code Ann. § Rule 14 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 14
Rule 14 Representation
Status: in_force

Rule 14 . Representation.

(a) A party may represent oneself, or be represented by counsel.

(b) Except as provided in (c) below, no representation can be made on behalf of a party by another person except an attorney duly licensed by the State of Montana. A nonresident attorney may be permitted to represent a party upon motion of a licensed resident attorney as allowed under Section IV, Pro Hac Vice, of the 1998 Rules for Admission to the Bar of Montana.

(c) Unless the articles of organization state otherwise, a member with a majority interest in a limited liability company may represent the limited liability company as an attorney in justice's court as provided in 25-31-601 .

(d) Death or removal of an attorney shall be governed by Rule 10 of the Uniform District Court Rules.
Mont. Code Ann. § 25-31-802 — MT Code / Title 25 / Chapter 31 / Part 8 / Section 25-31-802
25-31-802 When issues of fact arise
Status: in_force

25-31-802 . When issues of fact arise. An issue of fact arises:

(1) whenever a material allegation in the complaint is controverted by the answer; and

(2) whenever the answer contains new matter which raises questions of fact and not merely an issue of law.
Mont. Code Ann. § 25-7-223 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-223
25-7-223 Challenges to jurors for cause
Status: in_force

25-7-223 . Challenges to jurors for cause. Challenges for cause may be taken on one or more of the following grounds:

(1) a want of any of the qualifications prescribed by this code to render a person competent as a juror;

(2) being the spouse of or related to a party by consanguinity or affinity within the sixth degree;

(3) standing in the relation of guardian and ward, debtor and creditor, employer and employee, or principal and agent to either party or being a partner in business with either party or surety on any bond or obligation for either party. However, a challenge for cause may not be taken because of debtor and creditor relation when the same arises solely:

(a) by reason of current bills of gas, water, electricity, or telephone; or

(b) because a prospective juror is a depositor of funds with a bank, savings and loan institution, credit union, or similar financial institution.

(4) having served as a juror or been a witness on a previous trial between the same parties for the same cause of action;

(5) interest on the part of the juror in the event of the action or in the main question involved in the action, except the juror's interest as a member or citizen of a municipal corporation;

(6) having an unqualified opinion or belief as to the merits of the action;

(7) the existence of a state of mind in the juror evincing enmity against or bias in favor of either party.
Mont. Code Ann. § 25-40-103 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-103
25-40-103 Collaborative law participation agreement -- requirements
Status: in_force

25-40-103 . Collaborative law participation agreement -- requirements. (1) A collaborative law participation agreement must:

(a) be in a record;

(b) be signed by the parties;

(c) state the parties' intention to resolve a collaborative matter through a collaborative law process under this part;

(d) describe the nature and scope of the matter;

(e) identify the collaborative lawyer who represents each party in the process; and

(f) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.

(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this part.
Mont. Code Ann. § 25-30-106 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-106
25-30-106 Judgments
Status: in_force

25-30-106 . Judgments. In civil causes, judgments in municipal court shall be made and entered as in district court and shall be of like tenor and effect.
Mont. Code Ann. § 25-4-501 — MT Code / Title 25 / Chapter 4 / Part 5 / Section 25-4-501
25-4-501 Motion to postpone trial for absence of testimony
Status: in_force

25-4-501 . Motion to postpone trial for absence of testimony. A motion to postpone a trial on grounds of the absence of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to procure it.
Mont. Code Ann. § 25-7-101 — MT Code / Title 25 / Chapter 7 / Part 1 / Section 25-7-101
25-7-101 Issue defined, types of issues
Status: in_force

25-7-101 . Issue defined, types of issues. Issues arise upon the pleadings when a fact or conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds:

(1) of law; and

(2) of fact.
Mont. Code Ann. § 25-9-707 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-707
25-9-707 Asserting and defending foreign-money claim
Status: in_force

25-9-707 . Asserting and defending foreign-money claim. (1) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.

(2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.

(3) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.

(4) The determination of the proper money of the claim is a question of law.