Mont. Code Ann. § 25-1-201 — MT Code / Title 25 / Chapter 1 / Part 2 / Section 25-1-201
25-1-201 Fees of clerk of district court
Status: in_force

25-1-201 . Fees of clerk of district court. (1) The clerk of district court shall collect the following fees:

(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff or petitioner, $90; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of marriage, $170; for filing a petition for legal separation, $150; and for filing a petition for a contested amendment of a final parenting plan, $120;

(b) from each defendant or respondent, on appearance, $60;

(c) on the entry of judgment, from the prevailing party, $50;

(d) (i) except as provided in subsection (1)(d)(ii), for preparing copies of papers on file in the clerk's office in all criminal and civil proceedings, $1 a page for the first 10 pages of each file, for each request, and 50 cents for each additional page;

(ii) for a copy of a marriage license, $5, and for a copy of a dissolution decree, $10;

(iii) for providing copies of papers on file in the clerk's office by facsimile, e-mail, or other electronic means in all criminal and civil proceedings, 25 cents per page;

(e) for each certificate, with seal, $2;

(f) for oath and jurat, with seal, $1;

(g) for a search of court records, $2 for each name for each year searched, for a period of up to 7 years, and an additional $1 for each name for any additional year searched;

(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);

(i) for issuing an execution or order of sale on a foreclosure of a lien, $25;

(j) for transmission of records or files or transfer of a case to another court, $5;

(k) for filing and entering papers received by transfer from other courts, $10;

(l) for issuing a marriage license:

(i) when one or both parties to the marriage are present at the solemnization, $53;

(ii) when neither party is present at the solemnization, $83;

(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;

(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;

(o) for filing a declaration of marriage without solemnization, $53;

(p) for filing a motion for substitution of a judge, $100;

(q) for filing a petition for adoption, $75;

(r) for filing a pleading by facsimile or e-mail in all criminal and civil proceedings, 50 cents per page.

(2) Except as provided in subsections (3) and (5) through (7), fees collected by the clerk of district court must be deposited in the state general fund as specified by the supreme court administrator.

(3) (a) Of the fee for filing a petition for dissolution of marriage, $5 must be deposited in the children's trust fund account established in 52-7-102 , $19 must be deposited in the civil legal assistance for indigent victims of domestic violence account established in 3-2-714 , and $30 must be deposited in the partner and family member assault intervention and treatment fund established in 40-15-110 .

(b) Of the fee for filing a petition for legal separation, $5 must be deposited in the children's trust fund account established in 52-7-102 and $30 must be deposited in the partner and family member assault intervention and treatment fund established in 40-15-110 .

(4) If the moving party files a statement signed by the nonmoving party agreeing not to contest an amendment of a final parenting plan at the time the petition for amendment is filed, the clerk of district court may not collect from the moving party the fee for filing a petition for a contested amendment of a parenting plan under subsection (1)(a).

(5) Of the fee for filing an action or proceeding, except a petition for dissolution of marriage, $9 must be deposited in the civil legal assistance for indigent victims of domestic violence account established in 3-2-714 .

(6) The fees collected under subsections (1)(d), (1)(g), (1)(j), and (1)(r) and $20 collected under (1)(i) must be deposited in the county district court fund. If a district court fund does not exist, the fees must be deposited in the county general fund to be used for district court operations.

(7) Of the fee for issuance of a marriage license and the fee for filing a declaration of marriage without solemnization, $13 must be deposited in the domestic violence intervention account established by 44-7-202 and $10 must be deposited in the county district court fund, except that $30 must be deposited in the county district court fund when neither party to a marriage is present at the solemnization. If a district court fund does not exist, the fees must be deposited in the county general fund to be used for district court operations.

(8) Any filing fees, fines, penalties, or awards collected by the district court or district court clerk not otherwise specifically allocated must be deposited in the state general fund.
Mont. Code Ann. § 25-14-202 — MT Code / Title 25 / Chapter 14 / Part 2 / Section 25-14-202
25-14-202 Order appointing receiver to be filed
Status: in_force

25-14-202 . Order appointing receiver to be filed. An order appointing a receiver must be filed in the office of the clerk of the court where the judgment is docketed or a transcript of the original docket is filed.
Mont. Code Ann. § 25-33-207 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-207
25-33-207 Defective undertaking
Status: in_force

25-33-207 . 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. § 25-31-1104 — MT Code / Title 25 / Chapter 31 / Part 11 / Section 25-31-1104
25-31-1104 Manner of execution
Status: in_force

25-31-1104 . Manner of execution. The sheriff, constable, or levying officer to whom the execution is directed shall execute the the execution in the same manner as the sheriff or levying officer is required by the provisions of Title 25, chapter 13, to proceed upon executions. When an execution is directed to a constable, the constable is vested for that purpose with all the powers of the sheriff or levying officer.
Mont. Code Ann. § 25-9-104 — MT Code / Title 25 / Chapter 9 / Part 1 / Section 25-9-104
25-9-104 Procedure after judgment on issue of law
Status: in_force

25-9-104 . Procedure after judgment on issue of law. On a judgment for the plaintiff upon an issue of law, the plaintiff may proceed in the manner prescribed by Rule 55(a) and (b), M.R.Civ.P., upon the failure of the defendant to answer. If judgment is for the defendant upon an issue of law and the taking of an account or the proof of any fact is necessary to enable the court to complete the judgment, a reference may be ordered, as provided in Rule 55(b).
Mont. Code Ann. § 25-35-502 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-502
25-35-502 Jurisdiction
Status: in_force

25-35-502 . Jurisdiction. (1) The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.

(2) The small claims court has jurisdiction over an interpleader under 25-35-508 in which the amount claimed does not exceed $7,000.
Mont. Code Ann. § Rule 17 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 17
Rule 17 Informal Domestic Relations Trials
Status: in_force

Rule 17 - Informal Domestic Relations Trials.

(a) Unless one or both parties objects or the court orders otherwise, in every original or modification action for dissolution of marriage, parenting and visitation, child and medical support, declaration of invalidity of marriage, paternity, separation, grandparent-grandchild contact, or orders of protection brought under MCA Title 40, including interim proceedings, in which at least one party is self-represented, the issues will be resolved through an informal domestic relations trial before a judge or standing master as provided in this Rule. If both parties are represented by counsel and wish to use the informal process provided in this Rule, the court in its discretion may allow the informal proceeding upon stipulation in the record.

(b) The court must explain the informal domestic relations trial process and advise the parties of their right not to consent. The court may include in the case scheduling order a deadline for parties to opt out of the process. A party's decision to opt out must be stated on the record or in a signed filing with the court.

(c) The court may refuse to allow the parties to utilize the informal domestic relations trial process at any time and may direct that a case proceed in the traditional manner.

(d) The court may allow a party to withdraw from an informal domestic relations trial election as long as the other party is not prejudiced by the withdrawal. The court will not allow a withdrawal of an election that has the effect of postponing the trial date absent a showing of good cause.

(e) During an informal domestic relations trial, parties may present any evidence they believe is relevant. The court may admit any evidence a party offers, even if this evidence might be inadmissible under formal rules of evidence, and may determine how much weight to give any evidence. The traditional format used to question witnesses at trial does not apply. In many cases, the parties will be the only witnesses. The parties may call other witnesses in the discretion of the court. The court may question the parties and any other witnesses, and the parties may suggest additional topics or questions.

(f) Any evidence offered during an informal domestic relations trial initiated under this Rule is not admissible in any other proceeding unless the court in the other proceeding determines the evidence meets the applicable rules of evidence.

(g) If an informal domestic relations trial converts to a formal proceeding, the court will determine the admissibility of evidence previously offered in the informal proceeding. The court may not rely on any evidence in a formal proceeding that is not admissible under the applicable rules of evidence.

(h) The court will allow each party an opportunity to file any objections or motions on the admissibility or use of any evidence offered in an informal domestic relations trial before relying on that evidence in a formal proceeding.

(i) An informal domestic relations trial will proceed as follows:

(1) At the beginning of an informal domestic relations trial, the court will ask the parties to affirm that they understand the rules and procedures of the informal domestic relations trial process, they are consenting to this process freely and voluntarily, and they have not been threatened or promised anything for agreeing to the informal domestic relations trial.

(2) The court may ask the parties or their lawyers for a brief summary of the issues.

(3) The court will allow the moving party to speak to the court under oath concerning all issues in dispute. The party is not questioned by the other party or any lawyers, but the court may question the party to develop evidence required by any statute or rule or necessary in the court's discretion to address the matters at issue.

(4) The parties will not be subject to cross-examination. However, the court will ask the nonmoving party or their lawyer whether there are any other areas the party wishes the court to inquire about. The court will inquire into these areas if requested and if relevant to an issue to be decided by the court.

(5) The process in subsections (i)(3) and (i)(4) is then repeated for the other party.

(6) Expert reports will be received as exhibits. Upon the request of the court or either party, the expert will be sworn in and subjected to questioning by the parties, their lawyers, or the court.

(7) The court may receive any exhibits offered by the parties which are capable of being made a part of the record of the case. The court will determine the materiality, relevance, and what weight, if any, to give each exhibit. The court may order the record to be supplemented.

(8) The court will allow the parties or their lawyers to respond briefly to the statements of the other party.

(9) The court will offer each party or the party's lawyer the opportunity to make a closing statement.

(10) At the conclusion of the case, the court will render judgment. The court may take the matter under advisement, but it will make its best efforts to issue prompt judgments.

(11) The court may modify these procedures as justice and fundamental fairness requires.

(j) A case proceeding as an informal domestic relations trial will be subject to the same pretrial procedures and orders of the court that apply to traditional cases. Parties seeking a dissolution proceeding under informal domestic relations trials are subject to the mandatory disclosure requirements of MCA § 40-4-252 .

(k) The court's final judgment will have the same force and effect as if entered after a traditional trial and may be appealed or objected to on any grounds that do not rely on the rules of evidence.
Mont. Code Ann. § 25-7-403 — MT Code / Title 25 / Chapter 7 / Part 4 / Section 25-7-403
25-7-403 Conduct of jury after case submitted to it
Status: in_force

25-7-403 . Conduct of jury after case submitted to it. When the case is finally submitted to the jury, it may decide in court or retire for deliberation. If the jurors retire, they must be kept together in some convenient place, under charge of an officer, until at least two-thirds of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having the jurors under the officer's charge may not allow any communication to be made to the jurors and the officer may not make any communication, except to ask the jurors if they or two-thirds of them are agreed upon a verdict. The officer may not, before the jurors' verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.
Mont. Code Ann. § Rule 27 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 27
Rule 27 Notice involving constitutional questions where the state is not a party
Status: in_force

Rule 27 . Notice involving constitutional questions where the state is not a party.

Irrespective of the requirements of M. R. Civ. P. 5.1, a party who challenges the constitutionality of any act of the Montana legislature in any action, suit, or proceeding in the supreme court to which neither the state nor any agency or any officer or employee thereof, in the officer's or employee's official capacity, is a party, must give notice to the supreme court and to the Montana attorney general of the existence of the constitutional issue. This notice must be in writing, specify the section of the Montana Code Annotated or chapter of the session law to be construed, and must be given no later than 11 days from the date that the notice of appeal or notice of cross-appeal is filed or the date of filing of an original proceeding in the supreme court. No later than 20 days from the date that the notice of constitutional challenge is filed, the attorney general shall notify the supreme court and all parties in writing as to whether the attorney general will intervene in the appeal on the constitutional issue.
Mont. Code Ann. § 25-13-402 — MT Code / Title 25 / Chapter 13 / Part 4 / Section 25-13-402
25-13-402 How writ executed
Status: in_force

25-13-402 . How writ executed. (1) (a) The sheriff or levying officer shall, subject to subsections (6) and (7), execute the writ against the property of the judgment debtor not later than 120 days after receipt of the writ by:

(i) levying on a sufficient amount of property if there is sufficient property;

(ii) collecting or selling the things in action; and

(iii) selling the other property and paying to the judgment creditor or the judgment creditor's attorney as much of the proceeds as will satisfy the judgment.

(b) (i) If the third party is a corporation or other legal entity, service must be accomplished by personally serving the writ upon an officer or supervising employee of the third party or upon a department or person designated by the third party or by serving the writ by mail, as provided in subsection (1)(b)(ii).

(ii) Service by mail upon a corporation or other legal entity must be consented to in writing by the corporation or other legal entity and may be made by mailing a copy of the writ to an officer or supervising employee of the third party or to a department or person designated by the third party. Service may be mailed out of state, at the direction of the third party, if the third party processes garnishments or levies from a location outside the state. If service is by mail, it must be accompanied by a notice that the officer or employee receiving the writ is required to forward the writ to the person responsible for processing the levy for the third party if the officer or employee initially receiving the writ is not the proper party to process the levy. The writ must be considered served on the date and time that the writ is received by the officer, supervising employee, or designee of the third party, but not later than 5 business days after it is mailed.

(c) A levy under subsection (1)(b) is effective when the writ is served by personal service or by mail as provided in subsection (1)(b)(ii).

(2) Any proceeds in excess of the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When the sheriff or levying officer determines that there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs, the sheriff or levying officer shall levy only on the part of the property that the judgment debtor may indicate if the property indicated is sufficient to satisfy the judgment and costs.

(3) With respect to property held by a third party, including but not limited to banks, credit unions, and other financial institutions and those parties identified in 25-13-306 , the third party shall respond to the levy based on the assets held at the time of levy. Response must be made within 10 business days following the date of the levy by delivering the assets or payments to the sheriff or levying officer.

(4) Except for perishable property, the sheriff or levying officer shall hold any property or money levied upon for 10 days, excluding weekends and holidays, following notification of execution upon the judgment debtor. After that time, the sheriff or levying officer may sell the property and pay the money to the judgment creditor.

(5) If the first levy is not sufficient to satisfy the writ, the sheriff or levying officer may levy, from time to time and as often as necessary, within the 120 days until the judgment is satisfied or the writ expires.

(6) (a) A levy upon the earnings of a judgment debtor continues in effect for 120 days or until the judgment is satisfied, whichever occurs first. The levy applies to earnings due on or after the date of service through the expiration of the writ. Earnings withheld from a judgment debtor must be remitted to the sheriff or levying officer within 5 days of the day the earnings are withheld.

(b) The sheriff or levying officer shall clearly mark the expiration date upon all served copies of the writ and notice.

(c) Except as provided in subsection (8), multiple levies served under this subsection (6) have priority according to the date and time of service upon the employer.

(d) The return of service on a levy upon the earnings of a judgment debtor is returned in the same manner provided for in 25-13-404 .

(7) (a) A levy upon a state tax refund or any other funds that are due to the judgment debtor from a Montana state agency continues in effect for 120 days or until the judgment is satisfied, whichever occurs first.

(b) Upon written consent of the department of revenue, service of the writ on the department may be accomplished by electronic means.

(c) The levy applies to any funds due on or after the date of service through the expiration of the writ.

(d) Payment of funds withheld from a judgment debtor must be remitted to the sheriff or levying officer within 10 days of the date the funds would have been sent to the judgment debtor in the normal course of business. Any levy on state funds is subordinate to the department of revenue's right of offset for delinquent taxes or other debt as provided in 15-30-2609 , 15-30-2629 , 15-31-404 , 15-36-315 , 15-39-106 , 15-39-109 , 15-68-516 , 15-70-110 , 15-72-113 , Title 17, chapter 4, and 39-51-1307 .

(8) This section is not intended to supersede any state or federal laws regarding priority that must be given to certain levies and executions.
Mont. Code Ann. § Rule 4 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 4
Rule 4 Persons -- jurisdiction -- process -- service
Status: in_force

Rule 4 . Persons -- jurisdiction -- process -- service.

A. PERSON.

As used in this rule, the word "person", whether or not a United States citizen or resident of this state and whether or not organized under the laws of this state, includes:

(1) an individual, whether operating in the individual's own name or under a trade name;

(2) an individual's agent or personal representative;

(3) a corporation, business trust, estate, trust, partnership, or limited liability company;

(4) any two or more persons having a joint or common interest; and

(5) any other legal or commercial entity.

B. JURISDICTION OF PERSONS.

(1) Subject to jurisdiction. All persons are subject to the jurisdiction of a justice or city court who reside or are found within the State of Montana.

(2) Acquisition of jurisdiction. A justice or city court may acquire jurisdiction over a person through service of process as provided in these rules, through the voluntary appearance in an action by a person, either personally or through an attorney or any other authorized officer, agent, or employee. Each defendant must be served separately.

C. PROCESS.

(1) Summons -- issuance. Upon the filing of the complaint, the judge or the clerk shall issue a summons upon request of a plaintiff. Separate or additional summons must be issued, upon request, against any parties designated in the original action or against any additional parties who may be brought into the action.

(2) Summons -- form. The summons must be directed to the defendant and signed by the judge or clerk and must contain:

(a) the title of the court, the name of the county and city in which the action is commenced, and the names of the parties to the action;

(b) a direction that the defendant appear and file a written answer in the justice or city court within 20 days after service of summons and complaint, exclusive of the day of service, or such other period as may be specified by law, and serve a copy upon the plaintiff or the plaintiff's attorney;

(c) a statement that upon failure to appear and answer or assert a counterclaim, the plaintiff may take judgment against the defendant by default for the relief demanded in the complaint; and

(d) the name, address, and telephone number of the plaintiff or the plaintiff's attorney.

D. SERVICE OF PROCESS.

(1) By whom served.

(a) Service of all process must be made by a sheriff of the county where the party to be served is found, by a deputy, by a constable authorized by law, or by any other person 18 years of age or older who is not a party to the action.

(b) (i) A summons and complaint may also be served upon a defendant who is an individual, other than a minor or an incompetent person, or upon a domestic or foreign corporation or partnership or other limited liability company by mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 18-A, M.R.Civ.P., and a return envelope, postage prepaid, addressed to the sender. If an acknowledgment of service under this subsection is not received by the sender within 20 days after the date of mailing, service of the summons and complaint must be made by one of the persons specified in Rule 4D(1)(a) in the manner prescribed by Rule 4D(2) and (3).

(ii) If the person served does not complete and return the notice and acknowledgment of receipt of summons and complaint within the 20-day period, the court shall order the person to pay the costs of the personal service unless good cause is shown.

(iii) The notice and acknowledgment of receipt of the summons and complaint must be signed and dated. Service of the summons and complaint is complete on the date the defendant signs the acknowledgment.

(2) Personal service within court's jurisdiction.

(a) The plaintiff shall furnish the person making service with all necessary copies.

(b) Service must be made:

(i) upon an individual other than a minor or an incompetent person, by delivering a copy of the summons and complaint to the defendant personally or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, further notice as the statute requires must be given;

(ii) upon a minor, by delivering a copy of the summons and complaint to the minor and to the minor's guardian or guardian ad litem;

(iii) upon a person who has been adjudged of unsound mind by a court of this state or for whom a guardian has been appointed in this state by reason of incompetency, by delivering a copy of the summons and complaint to the person's guardian, if there is one residing in this state appointed and acting under the laws of this state. If there is no guardian, the court shall appoint a guardian ad litem for the incompetent person, with or without personal service on the incompetent, as the court may direct. When a party is alleged to be of unsound mind but has not been so adjudged by a court of this state, the party may be brought into court by service of process personally. The court may also stay any action pending against the person on learning that the person is of unsound mind.

(iv) upon a domestic corporation, partnership or other limited liability company, or a foreign corporation or partnership or other limited liability company established by the laws of any other state or country, that had a place of business within this state or was doing business in this state either permanently or temporarily at the time the claim for relief accrued:

(A) by delivering a copy of the summons and complaint to an officer, director, superintendent, managing or general agent, partner, or associate for the corporation, partnership, or association or by leaving the copy at the office or place of business of the corporation, partnership, or association within the state with the person in charge of the office;

(B) by delivering a copy of the summons and complaint to the registered agent of the corporation named on the records of the secretary of state or to any other agent or attorney-in-fact authorized by appointment or by statute to receive or accept service on behalf of the corporation, partnership, or association, provided that if the agent or attorney-in-fact is one designated by statute to receive service, any further notice required by statute must also be given;

(C) if the sheriff shall make return that no person upon whom service may be made can be found in the county, then by leaving a copy of the summons and complaint at any office of the corporation, partnership, or limited liability company within this state with the person in charge of the office; or

(D) if the suit is against a corporation whose charter or right to do business in the state has expired or been forfeited, by delivering a copy of the summons and complaint to a trustee for the corporation and to its stockholders or members.

(v) upon a city, town, school district, or public agency or board of such a public body, by delivering a copy of the summons and complaint to any commissioner, trustee, board member, mayor, or head of the legislative department of the public body;

(vi) upon an estate, by delivering a copy of the summons and complaint to the personal representative of the estate;

(vii) upon a trust, by delivering a copy of the summons and complaint to any trustee thereof.

(c) (i) When a claim for relief is pending in a justice or city court of this state against any of the following persons, the party causing the summons to be issued shall exercise reasonable diligence to ascertain the last-known address of:

(A) a corporation organized under the laws of this state or a corporation organized under the laws of any other state or country that has filed a copy of its charter in the office of the secretary of state of Montana and that is qualified to do business in Montana;

(B) a corporation organized under the laws of any other state or country that is subject to the jurisdiction of the justice or city courts of this state under the provisions of Rule 4B, even though the corporation has never qualified to do business in Montana; or

(C) a national banking corporation that, through insolvency or lapse of charter, has ceased to do business in Montana and when none of the persons designated in Rule 4D(2)(b)(iv) can with the exercise of reasonable diligence be found within Montana.

(ii) Upon the filing with the justice or city court in which the claim for relief is pending of an affidavit reciting that none of the persons designated in Rule 4D(2)(b)(iv) can after due diligence be found within Montana, reciting the last-known address of any of those persons, or reciting that after the exercise of reasonable diligence no address for any of the persons could be found and after deposit with the justice or city court of the sum to be paid to the secretary of state as a fee for each of the defendants for whom the secretary of state is to receive service, the judge shall issue an order directing process to be served upon the secretary of state or, if absent from the office, upon the deputy secretary of state. The affidavit is sufficient evidence of the diligence of inquiry made by the affiant if it recites that diligent inquiry was made. The affidavit need not detail the facts constituting the inquiry.

(iii) The judge shall mail to the secretary of state the original summons, one copy each of the summons and the affidavit for the files of the secretary of state, one copy of the summons attached to a copy of the complaint for each of the defendants to be served by service upon the secretary of state, and the fee for service.

(iv) The secretary of state shall mail a copy of the summons and complaint by certified mail with a return receipt requested to the last-known address of any of the persons designated in Rule 4D(2)(b)(iv) or, if no address is known and the person is a corporation not organized in Montana, to the secretary of state of the state in which the corporation was originally incorporated, if known, and the secretary of state shall make the return as provided under Rule 4D(5).

(v) When service is made upon the secretary of state, it is considered personal service on the corporation, and the secretary of state, or the deputy when the secretary of state is absent from the office, is hereby appointed agent of the corporation for service of process.

(vi) In an action in which due diligence has been exercised to locate and serve any of the persons designated in Rule 4D(2)(b)(iv), service is considered complete upon the corporation regardless of the receipt or advice of refusal of the addressee to receive the process mailed, as required by Rule 4D(5).

(vii) When the service of process is made as provided in this subsection (2)(c) and there is no appearance thereafter made by an attorney for the corporation, service of all other notices required by law to be served in the action may be served on the secretary of state.

(3) Other service. All process in any form of action must be served in the manner specified in this rule, with the exception that whenever a statute of this state or an order of the court made pursuant to this rule or a statute provides for the service of a notice or an order in lieu of summons upon a person, service must be made under the circumstances and in the manner prescribed by the statute or order and with the further exception that all persons are required to comply with the provisions of 33-1-603 , 33-1-613 , 33-1-614 , 33-2-314 , and 33-2-315 when the action pertains to the provisions of those sections.

(4) Service by publication -- when permitted -- effect -- manner -- proof.

(a) When permitted. A defendant, whether known or unknown, who has not been served under this rule may be served by publication only when the subject of the action is real or personal property in this state and:

(i) the defendant has or claims a lien or interest, actual or contingent, in the real or personal property; or

(ii) the relief demanded consists wholly or partially in excluding the defendant from any interest in the real or personal property.

(b) Effect of service by publication. When a defendant, whether known or unknown, has been served by publication as provided in this rule, any court of this state having jurisdiction may render a decree that will adjudicate any interest of the defendant in the status, property, or thing acted upon, but the court may not bind the defendant personally to the personal jurisdiction of the court unless some ground for the exercise of personal jurisdiction exists.

(c) Filing of pleading and affidavit for service by publication -- order for publication.

(i) Before service of the summons by publication is authorized in any case, there must be filed with the judge or court clerk of the justice or city court in which the action is commenced:

(A) a pleading setting forth a claim in favor of the plaintiff and against the defendant as provided in Rule 4D(4)(a); and

(B) upon return of the summons showing the failure to find any defendant designated in the complaint, an affidavit stating:

(I) that the defendant resides out of the state, has departed from the state, cannot after due diligence be found within the state, or is concealed to avoid the service of summons; or

(II) if the defendant is a domestic or foreign corporation, that none of the persons designated in Rule 4D(2)(b)(iv) can after due diligence be found within the state; or

(III) if the defendant is an unknown claimant, that the plaintiff has made a diligent search and inquiry for all persons who claim or might claim any right or title to, estate or interest in, or lien or encumbrance upon all or any part of the property that is adverse to plaintiff's ownership or all persons who may cloud the plaintiff's title to the property, whether the claim or possible claim is present or contingent, including any right of dower, inchoate or accrued; and

(IV) that the plaintiff has specifically named as defendants in the action all persons whose names can be ascertained.

(ii) The affidavit is sufficient evidence of the diligence of any inquiry made by the affiant if the affidavit recites the fact that diligent inquiry was made. The affidavit need not detail the facts constituting the inquiry. If desired, it may be combined in one instrument with the affidavit required under Rule 4D(2)(c) after presenting to the court proof that a valid attachment or garnishment has been effected.

(iii) Upon complying with this subsection (c), the plaintiff may obtain an order for the service of summons to be made upon the defendants by publication, which order may be issued by either the judge or the court clerk.

(d) Number of publications. Service of the summons by publication may be made by publishing the summons three times, once each week for 3 successive weeks, in a newspaper published in the county in which the action is pending. If no newspaper is published in the county, then the service of summons by publication must be made in a newspaper published in an adjoining county and having a general circulation in the county in which the action is pending.

(e) Mailing summons and complaint. At any time after the filing of the affidavit for publication and not later than 10 days after the first publication of the summons, a copy of the summons for publication and a copy of the complaint must be deposited in a post office in this state, postage prepaid, and directed to the defendant at the defendant's place of residence unless the affidavit for publication states that the residence of the defendant is unknown. If the defendant is a corporation and personal service cannot with due diligence be effected within Montana on any of the persons designated in Rule 4D(2)(b)(iv), then service may be completed on the corporation by service upon the secretary of state pursuant to the provisions of Rule 4D(2)(c).

(5) Service on secretary of state.

(a) (i) Whenever service is to be made upon certain corporations as provided in Rule 4D(2)(c), the requirements of that subsection must be complied with. In all other cases, unless otherwise provided by statute, whenever the secretary of state of the state of Montana has been appointed or is considered by law to have been appointed as the agent to receive service of process for any person who cannot with due diligence be found or served personally within Montana, the party or the party's attorney shall:

(A) make an affidavit stating the facts showing that the secretary of state is the agent and stating the residence and last-known post-office address of the person to be served;

(B) file the affidavit with the justice or city court in which the claim for relief is pending; and

(C) provide sufficient copies of the affidavit, summons, and complaint for service upon the secretary of state.

(ii) When there has been deposited with the justice or city court in which the claim for relief is pending the sum to be paid to the secretary of state as a fee for each of the defendants for whom the secretary of state is to receive service, then the judge shall mail to the secretary of state the original summons, one copy each of the summons and the affidavit for the files of the secretary of state, one copy of the summons attached to a copy of the complaint for each of the defendants to be served by service upon the secretary of state, and the fee for service.

(b) Service on the secretary of state is sufficient personal service upon the person to be served, provided that notice of the service and a copy of the summons and complaint are sent by certified mail by the secretary of state or deputy to the party to be served at the party's last-known address, marked "deliver to addressee only" and "return receipt requested", and provided further that the return receipt is received by the secretary of state and purports to have been signed by the addressee or the secretary of state is advised by the post office that delivery of the certified mail was refused by the addressee, except in those cases where compliance is excused under the provisions of Rule 4D(2)(c). The date the secretary of state receives the return receipt or receives advice by the post office that delivery of the certified mail was refused by the addressee is considered the date of service. As an alternative to sending the summons and complaint by certified mail, the secretary of state or deputy may cause a copy of the summons and complaint to be served by a qualified law enforcement officer, in accordance with the procedure set out in Rule 4D(1), (2), or (3).

(c) (i) The secretary of state or deputy shall make an original and two copies of an affidavit reciting:

(A) the fact of service upon the secretary of state by the justice or city court, including the day and hour of the service;

(B) the fact that a copy of the summons and complaint and notice has been mailed to the defendant, including the day and hour of the mailing, except in those cases where the secretary of state is relieved from doing so under the provisions of Rule 4D(2)(c), in which case the affidavit must so state; and

(C) the fact of the receipt of a return from the post office, including the date and hour of receipt, with a copy of the return to be attached to the affidavit.

(ii) The secretary of state or deputy shall then transmit the original summons and the original affidavit, along with a copy of the notice to the defendant if a notice is required, to the justice or city court in which the claim for relief is pending, where it must be filed in the claim for relief by the judge. The secretary of state shall also transmit to the attorney for the plaintiff a copy of the affidavit of the secretary of state, along with a copy of the notice to the defendant if a notice is required.

(iii) The secretary of state shall keep on file in the office a copy of the summons, a copy of the affidavit served on the secretary of state by the judge, and a copy of the affidavit executed and issued by the secretary of state.

(6) Continuance to allow defense. In any of the cases provided for in Rule 4D(2)(c), the court in which the claim for relief is pending may order a continuance as may be necessary to afford reasonable opportunity to defend the action.

(7) Amendment. At any time, in its discretion, and upon such notice and terms as it considers just, the court may allow any process or proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process was issued.

(8) Proof of service.

(a) Proof of the service of the summons and of the complaint or notice, if any, accompanying the same must be as follows:

(i) if served by a constable or other officer, a certificate of service; or

(ii) if served by any other person, an affidavit of service; and

(iii) the written admission of the defendant showing the date and place of service.

(b) The certificate or affidavit of service mentioned in subsection (8)(a) must state the time, date, place, and manner of service.

(9) Contents of affidavit of service. Whenever a process, pleading, order of court, or other paper is served personally by a person other than the sheriff, constable, or person designated by law, the affidavit of service must state:

(a) that the person so serving is of legal age;

(b) the date and place of service; and

(c) that the person making the service knew the person served to be the person named and intended to be served.

(10) Procedure where only some of defendants served. If the summons is not served on all of the defendants, the plaintiff may proceed to trial and judgment against the defendant or defendants on whom the process is served and may at any time thereafter have a summons served against any defendant not served with the first process to cause that defendant to appear in court to show cause why that defendant should not be made a party to the judgment. Upon a defendant being duly served with the process, the court shall hear and determine the matter in the same manner as if the defendant had been originally brought into court, and the defendant must also be allowed the benefit of any payment or satisfaction that may have been made on the judgment before recovered.

___________________

Plaintiff/Plaintiff Attorney

___________________

Address

____________________

Plaintiff/Plaintiff Attorney telephone number

IN THE JUSTICE/CITY COURT OF_____________ COUNTY, MONTANA

BEFORE______, JUSTICE OF THE PEACE/CITY JUDGE.

* * * * * *

___________________, )

Plaintiff, ) Civil Case________

vs. ) SUMMONS

___________________, )

Defendant. )

___________________ )

THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT, GREETINGS:

You are hereby summoned to answer the Complaint in this action which is filed in the office of the above-entitled Justice of the Peace/City Judge, a copy of which is herewith served upon you. In the event that you deny any or all of the material facts stated in the complaint, you must file your written answer together with a $15.00 answer fee for each Defendant with the above-entitled Court, and serve a copy of your answer upon the Plaintiff or attorney at the address as shown on the Complaint.

The answer must contain a denial of any or all of the material facts stated in the Complaint that the Defendant believes to be untrue, and also a statement, in plain or direct manner, of any other facts constituting a defense. Any matter not denied shall be deemed admitted. If you fail to answer or assert a counterclaim within twenty (20) days after service of the Complaint and Summons, the Plaintiff may request entry of default judgment against you for the relief demanded in the Complaint.

GIVEN under my hand this _____ day of ____________, 20_.

_________________________________

JUDGE/CLERK OF COURT
Mont. Code Ann. § Rule 9 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 9
Rule 9 Transmission of the record and other matters relating to the record on appeal
Status: in_force

Rule 9 . Transmission of the record and other matters relating to the record on appeal.

(1) Time for transmission - duty of appellant - generally. The record on appeal, including any transcript in the format required by rule 8(4)(b), shall be transmitted to the supreme court within 40 days after the filing of the notice of appeal unless the time is reduced or extended by an order entered under section (3) or (4) of this rule, or a stipulation holding the time requirements of these rules in abeyance is filed with the clerks of the supreme court and the district court pursuant to rule 7(3). In the event of a cross-appeal, a single record shall be transmitted within 40 days after the filing of the notice of cross-appeal.

(2) Duty of clerk to transmit the record. The clerk of the district court shall transmit the record on appeal within the time provided in section (1) of this rule, or such reduced or extended time as may be ordered by the district court or the supreme court pursuant to section (3) or (4) of this rule. The clerk of the district court shall number the documents comprising the record and transmit with the record a numbered list of the documents, identifying each with reasonable definiteness. In the event the clerk of the district court determines that exhibits are too large or weighty to be conveniently mailed, the clerk shall notify the parties in writing that the item or items will not be transmitted and will so indicate as a numbered item in the list of documents. If a party desires a large or weighty exhibit so identified to be transmitted, the party shall notify the clerk in writing and make advance arrangements with the clerks of the district court and the supreme court for the safe transportation, chain of custody, and receipt of the item(s), at the party's expense. Transmission of the record is effected when the clerk of the district court mails or otherwise forwards the record to the clerk of the supreme court. The clerk of the district court shall indicate, by endorsement on the face of the record or otherwise, the date on which the record is transmitted to the clerk of the supreme court.

(3) Reduction or extension of time for transmission of the record by the district court - duties of court reporter and appellant - generally.

(a) A motion to reduce the time for transmission of the record shall be made only in extraordinary circumstances, and only on a showing that the court reporter can prepare any ordered transcripts within the reduced period. A motion to reduce the time for transmission shall be filed and served on the opposing party within 15 days after the filing of the notice of appeal and shall be brought to the district court's attention immediately.

(b) Except in involuntary mental commitments and proceedings regarding abused or neglected children, a motion for extension of time for transmission of the record may be filed with the district court by the appellant or the court reporter based on the court reporter's inability to timely prepare a transcript or transcripts, but the motion must be filed within the 40-day time for transmission of the record. The district court may grant the motion for a period not to exceed 90 days from the filing of the first notice of appeal. The clerk of the district court shall immediately transmit any such order to the clerk of the supreme court, and the clerk of the supreme court shall file the order and cause it to be docketed.

(4) Extension of time for transmission of the record by the supreme court - duties of the appellant and the court reporter. A motion for extension of time to transmit the record on appeal in an involuntary mental commitment or proceedings regarding abused or neglected children, and any other motion for extension of time for transmission of the record subsequent to one granted by the district court pursuant to section (3) of this rule, shall be filed by the appellant with the clerk of the supreme court as a motion for an extension of time to transmit the record and shall be accompanied by an affidavit of the court reporter setting forth in detail why the transcript(s) have not been timely prepared and why the additional time sought is needed. In like manner as extensions of time to file briefs pursuant to rule 26(2) of these rules, there shall be a presumption against granting motions for extension of time to transmit the record under this section. A motion for extension and supporting affidavit shall state the date on which the transcript will be filed if the motion is granted. A motion for extension of time to transmit the record captioned as a motion for extension of time to file a brief will not be considered by the supreme court. The clerk of the supreme court shall docket such a motion as received and rejected, stamp the original and one copy of such a motion with a "received" date stamp and a "rejected per rule 9(4)" stamp, return the copies at the appellant's counsel's expense, and docket the rejection.

(5) Retention of the record in the district court by court order. If the record or a part thereof is required in the district court pending the appeal, the district court may enter an order to that effect, and the clerk of the district court shall retain the record and shall transmit a copy of the order and of the docket entries, together with such parts of the original record as the district court may allow, to the clerk of the supreme court in lieu of the entire record on appeal.

(6) Filing of the record. Upon receipt of the record by the clerk of the supreme court following its timely transmittal, the clerk of the supreme court shall file the record. The clerk of the supreme court shall immediately give notice to all parties of the date on which the record was filed.

(7) Return of the record. The clerk of the supreme court shall return the record to the clerk of the district court upon issuance of the remittitur or on remand. In civil cases, the clerk of the supreme court shall charge the appellant mailing costs for the return of the record.
Mont. Code Ann. § 25-13-801 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-801
25-13-801 Who may redeem -- definition
Status: in_force

25-13-801 . Who may redeem -- definition. (1) Property sold subject to redemption, as provided by 25-13-710 , or any part sold separately may be redeemed in the manner provided in this part by the following persons or their successors in interest:

(a) the judgment debtor, the judgment debtor's spouse, or the judgment debtor's successor in interest in the whole or any part of the property and, if the judgment debtor or successor is a corporation, a stockholder of the corporation;

(b) a creditor having a lien by judgment, mortgage, or attachment on the property sold or on some share or part of the property subsequent to that on which the property is sold. If a corporation is the creditor, then any stockholder of the corporation may redeem.

(2) The persons mentioned in subsection (1)(b) are, in this part, termed "redemptioners".
Mont. Code Ann. § 25-13-703 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-703
25-13-703 Postponement of sale
Status: in_force

25-13-703 . Postponement of sale. Good cause therefor appearing, the officer holding the execution may postpone any sale noticed thereunder for a period not exceeding 15 days, by public proclamation at the time and place fixed in the notice of sale and by posting a notice in three public places in the township where the property has previously been noticed to be sold.
Mont. Code Ann. § 25-13-713 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-713
25-13-713 Procedure when sale invalidated -- revival of judgment
Status: in_force

25-13-713 . Procedure when sale invalidated -- revival of judgment. (1) If the purchaser of real property sold on execution or the purchaser's successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the purchaser may recover the price paid, with interest, from the judgment creditor.

(2) If the purchaser of property at a sheriff's sale or the purchaser's successor in interest fails to recover possession because of irregularity in the proceedings concerning the sale or because the property sold was not subject to execution and sale, the court having jurisdiction shall, on petition of the party in interest or the party's attorney, revive the original judgment for the amount paid by the purchaser at the sale, with interest on the judgment from the time of payment at the same rate that the original judgment bore. When revived, the judgment has the same effect as an original judgment of the court of that date, bearing interest as provided in this subsection. Any other or after-acquired property, rents, issues, or profits of the debtor is subject to levy and sale under execution in satisfaction of the debt. However, property of the debtor sold bona fide before the filing of the petition is not subject to the lien of the judgment. The notice of the filing of the petition must be made by filing a notice in the office of the county clerk where the property is situated, and the judgment must be revived in the name of the original plaintiff or plaintiffs for the use of the petitioner, the party in interest.
Mont. Code Ann. § 25-33-203 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-203
25-33-203 Justification of sureties
Status: in_force

25-33-203 . 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 justice 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 part must justify as provided in 33-26-102 .
Mont. Code Ann. § 25-9-505 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-505
25-9-505 Stay
Status: in_force

25-9-505 . Stay. (1) If the judgment debtor shows a district court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(2) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of a judgment that is required in this state.
Mont. Code Ann. § Rule 2 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 2
Rule 2 Parties - amicus curiae - captions
Status: in_force

Rule 2 . Parties - amicus curiae - captions.

(1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court:

(a) Appellant. The party who appeals from and usually seeks reversal of a decision in the district court. A party who files a cross-appeal shall be referred to as a cross-appellant.

(b) Appellee. The party who usually responds to the appeal, seeking affirmance of the district court. A party who responds to a cross-appeal shall be referred to as a cross-appellee.

(c) Petitioner. A party who seeks relief by way of an original proceeding or a petition for an extraordinary writ.

(d) Respondent. The party against whom a petition is filed.

(e) Relator. The real party in interest in whose name the government brings an action or proceeding before this court.

(f) Intervenor. One who, because of an asserted interest in the outcome, has voluntarily entered into an action or who, on motion, is granted leave to enter a proceeding before this court, despite not being named originally as a party.

(2) Amicus curiae. One who is not a party, but who, upon invitation or leave of the supreme court granted on motion, files a brief in a pending proceeding because of a strong interest in the subject matter.

(3) Counsel - parties not represented by counsel. When these rules require an act by or upon a party, the act shall be performed by or upon counsel for the party or by or upon a party not represented by counsel.

(4) Captions. The caption of an appeal shall list the parties in the same order as the caption used in the district court, with the addition of the designations "appellant" and "appellee" as appropriate. On motion of a party, or on the court's own motion, the caption of a pending cause may be modified to more accurately reflect the actual alignment or status of a party. Upon entry of an order correcting the caption, the cause shall proceed under that caption thereafter.
Mont. Code Ann. § 25-35-805 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-805
25-35-805 Use of transcripts or tapes by district court
Status: in_force

25-35-805 . Use of transcripts or tapes by district court. The district court may hear the recording of the proceedings of the justice's court, but in its discretion it may have parts or all of the recordings transcribed at the cost of the district court. If the proceedings are stenographically taken, the notes will be transcribed in full or in designated parts as stipulated by the parties. The cost of such transcription shall be computed as prescribed by law.
Mont. Code Ann. § 25-31-115 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-115
25-31-115 Deposit of money in lieu of undertaking
Status: in_force

25-31-115 . Deposit of money in lieu of undertaking. In civil cases arising in justices' courts wherein an undertaking is required by this chapter, the plaintiff or defendant may deposit with said justice a sum of money equal to the amount required by said undertaking, which said sum of money shall be taken as security in place of said undertaking.
Mont. Code Ann. § 25-3-205 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-205
25-3-205 Execution of process when sheriff a party
Status: in_force

25-3-205 . Execution of process when sheriff a party. When the sheriff is a party to an action or proceeding, the process and orders therein which it would otherwise be the duty of the sheriff to execute must be executed by the coroner of the county or a registered process server.
Mont. Code Ann. § 25-35-504 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-504
25-35-504 Venue
Status: in_force

25-35-504 . Venue. Proper venue for actions commenced in the small claims court is the same as that provided by law for civil actions commenced in justice's court.
Mont. Code Ann. § Rule 3 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 3
Rule 3 Interpretation of time requirements
Status: in_force

Rule 3 . Interpretation of time requirements.

All time limits set forth in these rules for filing documents or performing any act are actual time limits. In order to comply with a time-specific requirement, the document must be filed or the act performed on or before the last day of the time specified. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included, but the last day of the period shall be included. No additional time may be added to any such time requirement for mailing or transmitting any document and all weekends and holidays are included in the times specified; provided, however, that if the last day of the time limit falls upon a weekend or holiday, then the time limit is extended to the next business day. All documents must be filed in the office of the clerk of the supreme court between 8:00 a.m. and 5:00 p.m. on business days.
Mont. Code Ann. § 25-40-101 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-101
25-40-101 Short title
Status: in_force

25-40-101 . Short title. This part may be cited as the "Uniform Collaborative Law Act".
Mont. Code Ann. § 25-7-304 — MT Code / Title 25 / Chapter 7 / Part 3 / Section 25-7-304
25-7-304 Procedure when juror becomes sick
Status: in_force

25-7-304 . Procedure when juror becomes sick. If, after the impaneling of the jury and before verdict, a juror becomes sick and is unable to perform the juror's duty, the court may order the juror to be discharged. In that case, subject to the provisions of Rule 47(c), M.R.Civ.P., the trial may proceed with the other jurors or another juror may be sworn and the trial may begin anew or the jury may be discharged and a new jury impaneled.
Mont. Code Ann. § 25-40-102 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-102
25-40-102 Definitions
Status: in_force

25-40-102 . Definitions. (1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:

(a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and

(b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

(2) "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.

(3) "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

(a) sign a collaborative law participation agreement; and

(b) are represented by collaborative lawyers.

(4) "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.

(5) "Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement.

(6) "Law firm" means:

(a) lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association; and

(b) lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality.

(7) "Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.

(8) "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) "Proceeding" means:

(a) a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery; or

(b) a legislative hearing or similar process.

(11) "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

(14) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(15) "Tribunal" means:

(a) a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

(b) a legislative body conducting a hearing or similar process.
Mont. Code Ann. § Rule 8 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 8
Rule 8 Findings and Conclusions
Status: in_force

Rule 8 - Findings and Conclusions.

Unless ordered otherwise, in all matters where the court must enter findings of fact and conclusions of law pursuant to M. R. Civ. P. 52, all parties shall file with the court, and serve upon all opposing parties, at least seven days prior to the scheduled trial or hearing, proposed findings of fact and conclusions of law. Failure to file proposed findings of fact and conclusions of law in a timely matter shall be cause for appropriate sanction including removal of the case from the trial calendar, dismissal or granting of a judgment, precluding the offending party from presentation of evidence or objecting to evidence submitted by the other party, or such other action as the court deems appropriate. Post-trial amended and supplemental findings of fact and conclusions of law may be submitted in appropriate circumstances upon order of the court.
Mont. Code Ann. § 25-14-101 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-101
25-14-101 Debtor to answer concerning debtor's property when execution unsatisfied
Status: in_force

25-14-101 . Debtor to answer concerning debtor's property when execution unsatisfied. When an execution against property of the judgment debtor or of any one of several debtors in the same judgment, issued to a levying officer or the sheriff of the county where the judgment debtor resides or, if the judgment debtor does not reside in this state, to a levying officer or the sheriff of the county where the judgment is docketed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after the return is made, is entitled to an order from a judge of the court requiring the judgment debtor to appear and answer concerning the judgment debtor's property before the judge or a referee appointed by the judge at a time and place specified in the order. However, a judgment debtor who is a state resident may not be required to attend before a judge or referee outside the county in which the judgment debtor resides.
Mont. Code Ann. § 25-2-123 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-123
25-2-123 Real property
Status: in_force

25-2-123 . Real property. (1) The proper place of trial for the following actions is the county in which the subject of the action or some part thereof is situated:

(a) for the recovery of real property or of an estate or an interest therein or for the determination, in any form, of such right or interest;

(b) for injuries to real property;

(c) for the partition of real property;

(d) for the foreclosure of all liens and mortgages on real property.

(2) Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties and the county so selected is the proper county for the trial of such action.

(3) The proper place of trial for all actions for the recovery of the possession of, quieting the title to, or the enforcement of liens upon real property is the county in which the real property, or any part thereof, affected by such action or actions is situated.
Mont. Code Ann. § 25-9-204 — MT Code / Title 25 / Chapter 9 / Part 2 / Section 25-9-204
25-9-204 Clerk to include interest in judgment
Status: in_force

25-9-204 . Clerk to include interest in judgment. The clerk shall include in the judgment entered up by the clerk any interest on the verdict or decision of the court, from the time it was rendered or made.
Mont. Code Ann. § 25-9-508 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-508
25-9-508 Uniformity of interpretation
Status: in_force

25-9-508 . Uniformity of interpretation. This part must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Mont. Code Ann. § 25-33-102 — MT Code / Title 25 / Chapter 33 / Part 1 / Section 25-33-102
25-33-102 Time for appeal
Status: in_force

25-33-102 . Time for appeal. Any party dissatisfied with the judgment rendered in a civil action in a city or justice's court may appeal therefrom to the district court of the county at any time within 30 days after the rendition of the judgment.
Mont. Code Ann. § 25-4-601 — MT Code / Title 25 / Chapter 4 / Part 6 / Section 25-4-601
25-4-601 Procedure when answer admits part of plaintiff's claim
Status: in_force

25-4-601 . Procedure when answer admits part of plaintiff's claim. When the answer of the defendant, expressly or by not denying, admits a part of the plaintiff's claim to be just, the court, upon the plaintiff's motion, may, in its discretion, order that the action be severed, that a judgment be entered for the plaintiff for the part admitted, and, if the plaintiff elects, that the action be continued with like effect with regard to the subsequent proceedings as if it had been originally brought for the remainder of the claim. The order must prescribe the time and manner of the plaintiff's election. If the plaintiff elects to continue the action, the plaintiff's right to costs upon the judgment is the same as if it were taken in an action brought for only that part of the claim. If the plaintiff does not elect to continue the action, costs must be awarded as upon final judgment in any other case.
Mont. Code Ann. § 25-40-121 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-121
25-40-121 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

25-40-121 . Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § Rule 6 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 6
Rule 6 Time
Status: in_force

Rule 6 . Time.

A. COMPUTATION. When the computation of any period of time prescribed or allowed by these rules is by order of a court or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last day of the period so computed must be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

B. EXTENSION. When by these rules, by a notice given under these rules, or by order of a court an act is required or allowed to be done at or within a specified time, the judge for cause shown may extend the period if a motion is made before the expiration of the period originally prescribed or extended by previous permission of the court or after expiration of the specified period if failure to act was the result of excusable neglect.

C. ADDITIONAL TIME AFTER SERVICE BY MAIL. Whenever a party has the right or is required to do an act or take a proceeding within a prescribed period after service of a notice or other paper and the notice or other paper is served by mail, 3 days must be added to the prescribed period.
Mont. Code Ann. § 25-2-122 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-122
25-2-122 Torts
Status: in_force

25-2-122 . Torts. (1) Except as provided in subsections (2) through (4), the proper place of trial for a tort action is:

(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 tort was committed. If the tort is interrelated with and dependent upon a claim for breach of contract, the tort was committed, for the purpose of determining the proper place of trial, in the county in which the contract was to be performed.

(2) Except as provided in subsection (4), if the defendant is a corporation incorporated in a state other than Montana, the proper place of trial for a tort action is:

(a) the county in which the tort was committed;

(b) the county in which the plaintiff resides; or

(c) the county in which the corporation's resident agent is located, as required by law.

(3) Except as provided in subsection (4), if the defendant is a resident of a state other than Montana, the proper place of trial for a tort action is:

(a) the county in which the tort was committed; or

(b) the county in which the plaintiff resides.

(4) If the defendant is a railroad, as defined in 69-14-102 , and the plaintiff is a Montana resident, the proper place of trial of a claim subject to the federal Employers' Liability Act, 45 U.S.C. 51, et seq., is any county in which the railroad does business.
Mont. Code Ann. § 25-14-307 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-307
25-14-307 Order of discharge
Status: in_force

25-14-307 . Order of discharge. After administering the oath in 25-14-306 , the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner if the prisoner is not imprisoned for another cause.
Mont. Code Ann. § 25-13-806 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-806
25-13-806 Notice of redemption, liens, and taxes and assessments paid
Status: in_force

25-13-806 . Notice of redemption, liens, and taxes and assessments paid. Written notice of redemption must be given to the sheriff and a duplicate filed with the county clerk, and if any taxes or assessments are paid by the redemptioner or if the redemptioner has or acquired any liens other than that upon which the redemption was made, notice must in the same manner be given to the sheriff and filed with the county clerk. If the notice is not filed, the property may be redeemed without paying the tax, assessments, or lien.
Mont. Code Ann. § 25-10-105 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-105
25-10-105 Costs of review other than by appeal
Status: in_force

25-10-105 . Costs of review other than by appeal. When the decision of a court of limited jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review in any other way than by appeal, the same costs must be allowed as in cases on appeal and may be collected by execution or in such manner as the court may direct, according to the nature of the case.
Mont. Code Ann. § 25-1-202 — MT Code / Title 25 / Chapter 1 / Part 2 / Section 25-1-202
25-1-202 Additional filing fees
Status: in_force

25-1-202 . Additional filing fees. (1) In addition to other filing fees, the following fees must be paid to the clerk of the district court at the time of filing a civil action in the district court:

(a) a fee of $20; and

(b) if the action is brought pursuant to 40-6-701 , in addition to the fee required under subsection (1)(a), a fee of $6.

(2) The fees must be forwarded by the clerk to the department of revenue for deposit in the state general fund. The prevailing party may have the amount paid by the prevailing party taxed in the bill of costs as proper disbursements.
Mont. Code Ann. § 25-5-201 — MT Code / Title 25 / Chapter 5 / Part 2 / Section 25-5-201
25-5-201 Capacity of married person to be a party
Status: in_force

25-5-201 . Capacity of married person to be a party. A married person may sue and be sued in the same manner as if such person were sole.
Mont. Code Ann. § 25-35-505 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-505
25-35-505 Parties -- representation
Status: in_force

25-35-505 . Parties -- representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state.

(2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court.

(3) (a) Individuals may represent themselves in a small claims court.

(b) A partnership may be represented by a partner or one of its employees.

(c) A union may be represented by a union member or union employee.

(d) A corporation may be represented by one of its directors, officers, or employees.

(e) Except as provided in 35-8-301 , a limited liability company as defined in 35-8-102 may be represented by a member with a majority interest in the limited liability company.

(f) An association may be represented by one of its members or by an employee of the association.

(g) Any other kind of organization or entity may be represented by one of its members or employees.

(4) Except as provided in subsection (5), only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court.

(5) A party may not file an assigned claim in the small claims court unless it has been assigned pursuant to 27-1-718 .

(6) Except for claims under 27-1-718 , a party may not file more than 10 claims in any calendar year.

(7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the small claims court.
Mont. Code Ann. § 25-40-115 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-115
25-40-115 Confidentiality of collaborative law communication
Status: in_force

25-40-115 . Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law.
Mont. Code Ann. § Rule 20 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 20
Rule 20 Voir dire
Status: in_force

Rule 20 . Voir dire.

Unless for good cause shown, voir dire examination shall be limited to thirty (30) minutes for each party. Requests for additional time are to be made prior to voir dire examination.
Mont. Code Ann. § 25-7-405 — MT Code / Title 25 / Chapter 7 / Part 4 / Section 25-7-405
25-7-405 Jury's request for further information
Status: in_force

25-7-405 . Jury's request for further information. After the jury has retired for deliberation, if there be a disagreement among the jurors as to any part of the testimony or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of or after notice to the parties or counsel. Such information must be given in writing or taken down by the stenographer.
Mont. Code Ann. § 25-10-108 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-108
25-10-108 Imposing costs on party acting as representative
Status: in_force

25-10-108 . Imposing costs on party acting as representative. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute, costs may be recovered as in an action by and against a person prosecuting or defending in the person's own right. However, the costs must, by the judgment, be made chargeable only upon the estate, fund, or party represented unless the court directs the costs to be paid by the plaintiff or defendant personally for mismanagement or bad faith in the action or defense.
Mont. Code Ann. § 25-3-302 — MT Code / Title 25 / Chapter 3 / Part 3 / Section 25-3-302
25-3-302 Return prima facie evidence
Status: in_force

25-3-302 . Return prima facie evidence. The return of the sheriff or registered process server upon process or notices is prima facie evidence of the proof of the process or notices having been served as stated.
Mont. Code Ann. § 25-33-303 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-303
25-33-303 Appeal from judgment by default
Status: in_force

25-33-303 . Appeal from judgment by default. There is no appeal from a judgment by default rendered in a justice's or city court except on questions of law which appear on the face of the papers or proceedings and except in cases when the justice's or city court has abused its discretion in setting aside or refusing to set aside a default or judgment. If the judgment by default is set aside, the district court must allow pleadings to be filed and try the case.
Mont. Code Ann. § 25-33-302 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-302
25-33-302 Procedure upon reversal on issue of law
Status: in_force

25-33-302 . Procedure upon reversal on issue of law. When a judgment is reversed or set aside on a question of law arising in the justice's or city court, the district court must either try the case anew or render a judgment.
Mont. Code Ann. § 25-4-602 — MT Code / Title 25 / Chapter 4 / Part 6 / Section 25-4-602
25-4-602 Judgment for excess when plaintiff admits counterclaim
Status: in_force

25-4-602 . Judgment for excess when plaintiff admits counterclaim. In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff's claim but sets up a counterclaim amounting to less than the plaintiff's claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.
Mont. Code Ann. § 25-7-203 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-203
25-7-203 Drawing a new jury when another is impaneled
Status: in_force

25-7-203 . Drawing a new jury when another is impaneled. If an issue is brought to trial by a jury while a jury is impaneled in another cause and not then discharged, the court may order a jury for the trial of that issue to be drawn out of the box containing the ballots then undrawn; but in any other case the ballots with the names of all the trial jurors returned and attending the court must be placed together in the same box before a jury is drawn therefrom.
Mont. Code Ann. § 25-31-1111 — MT Code / Title 25 / Chapter 31 / Part 11 / Section 25-31-1111
25-31-1111 Collection of judgment against county or county officer
Status: in_force

25-31-1111 . Collection of judgment against county or county officer. When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the name of the office, when the judgment is to be paid by the county, an execution may not issue upon the judgment, but the judgment must be paid in the same manner as other county charges. When collected, the judgment must be paid by the county treasurer to the proper person to whom the judgment is adjudged upon the delivery of a proper voucher for payment.
Mont. Code Ann. § 25-9-714 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-714
25-9-714 Supplementary general principles of law
Status: in_force

25-9-714 . Supplementary general principles of law. Unless displaced by particular provisions of this part, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
Mont. Code Ann. § 25-15-102 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-102
25-15-102 Content and service of summons
Status: in_force

25-15-102 . Content and service of summons. The summons, as provided in 25-15-101 , must describe the judgment and require the person summoned to show cause why the person should not be bound by it and must be served in the same manner and returnable within the same time as the original summons.
Mont. Code Ann. § Rule 14 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 14
Rule 14 Jurisdiction - extraordinary writs - supervisory control - original proceedings
Status: in_force

Rule 14 . Jurisdiction - extraordinary writs - supervisory control - original proceedings.

(1) Jurisdiction. The supreme court is an appellate court but is empowered by Article VII, Sections 1 and 2 of the Constitution to hear and determine such original and remedial writs as may be necessary or proper to the complete exercise of its jurisdiction.

(2) Extraordinary writs. Proceedings commenced in the supreme court originally to obtain writs of habeas corpus, injunction, review or certiorari, mandate, quo warranto, and other remedial writs or orders, shall be commenced and conducted in the manner prescribed by the applicable sections of the Montana Code Annotated for the conduct of such or analogous proceedings and by these rules.

(3) Supervisory control. The supreme court has supervisory control over all other courts and may, on a case-by-case basis, supervise another court by way of a writ of supervisory control. Supervisory control is an extraordinary remedy and is sometimes justified when urgency or emergency factors exist making the normal appeal process inadequate, when the case involves purely legal questions, and when one or more of the following circumstances exist:

(a) The other court is proceeding under a mistake of law and is causing a gross injustice;

(b) Constitutional issues of state-wide importance are involved;

(c) The other court has granted or denied a motion for substitution of a judge in a criminal case.

(4) Original proceedings. An original proceeding in the form of a declaratory judgment action may be commenced in the supreme court when urgency or emergency factors exist making litigation in the trial courts and the normal appeal process inadequate and when the case involves purely legal questions of statutory or constitutional interpretation which are of state-wide importance.

(5) How commenced. The proceedings referred to in sections (2), (3), and (4) of this rule shall be commenced as follows:

(a) Where and when filed. A petition may be made to the supreme court at any time. The petitioner's petition and all supporting documents shall be filed with the clerk of the supreme court.

(b) What to contain. The petition must set forth:

(i) The facts which make it appropriate that the supreme court accept jurisdiction;

(ii) The particular legal questions and issues anticipated or expected to be raised in the proceeding;

(iii) In summary fashion, the arguments and authorities for accepting jurisdiction and pertaining to the merits of the particular questions and issues anticipated or expected to be raised. No separate memorandum of law or brief shall be filed with the application; and

(iv) To the extent they exist, as exhibits, without repetition of title of court and cause, a copy of each judgment, order, notice, pleading, document proceeding, or court minute referred to in the petition or which is necessary to make out a prima facie case or to substantiate the petition or conclusion or legal effect.

(v) 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.

(6) Notice - writs. If a petition for an extraordinary writ or for a writ of supervisory control is filed with respect to any proceeding pending in the district court, the petition and any exhibits relating to a ruling of the district court must be served upon the district judge against whose ruling it is directed and upon all parties. Such petition shall include, in its title, the name of the district judge and the judicial district from which the ruling was issued.

(7) Procedure on filing.

(a) Upon the filing of a petition, the supreme court may order that a summary response be filed, or the supreme court may dismiss the petition without ordering a response. A summary response shall summarize the arguments and authorities for rejecting jurisdiction and shall otherwise comply with (5)(b)(ii) and (iii) and, to the extent necessary, (5)(b)(iv) of this rule. No separate memorandum of law or brief shall be filed with the summary response. No reply memorandum shall be filed to the summary response, except on order of the supreme court.

(b) In the event the supreme court orders a summary response, the supreme court also may order more extensive briefing, order oral argument, issue any other writ or order deemed appropriate in the circumstances, or dismiss the petition.

(c) The supreme court may order a stay of further proceedings in the other court, pending the supreme court's disposition of the petition.

(8) Oral argument. If oral argument is ordered it shall be conducted in the same manner as in the argument of appeals.

(9) Number of copies - format - word limitations.

(a) A signed original and 9 copies of any petition filed under this rule and any response thereto shall be filed with the clerk of the supreme court.

(b) All filings made pursuant to section (5)(a) of this rule shall conform to the requirements of rule 11, except that neither the text of the petition nor any response shall exceed 4,000 words if proportionately spaced or 12 pages if prepared in monospaced typeface or if typewritten.

(c) Exhibits shall be preceded by a table of contents and exhibits shall be separated by colored page separators.

(10) Briefs. In those cases in which the supreme court orders more extensive briefing, each party shall, unless otherwise ordered, prepare, file, and serve briefs in conformance with rule 12. All briefs shall be filed and served according to the time schedule set forth in the supreme court's order.
Mont. Code Ann. § 25-3-106 — MT Code / Title 25 / Chapter 3 / Part 1 / Section 25-3-106
25-3-106 Medical malpractice claims -- time limit
Status: in_force

25-3-106 . Medical malpractice claims -- time limit. A plaintiff in a medical malpractice action shall accomplish service within 6 months 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 6 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 6
Rule 6 Undertaking on appeal
Status: in_force

Rule 6 . Undertaking on appeal.

(a) Undertaking on appeal in civil cases.

(1) Except as provided in subsection (4), an appeal from a municipal court is not effectual for any purpose unless an undertaking be 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 be withdrawn or dismissed or the amount of any judgment and all costs that may be recovered against appellant in the action in the district court.

(2) Except as provided in subsection (4), an appeal from a municipal court is not effectual for any purpose unless an undertaking be 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 therein if the appeal be withdrawn or dismissed or pay any judgment and costs that may be recovered against appellant in said action in the district court and obey any order made by the court therein.

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

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

(B) if the appeal be dismissed or withdrawn or the judgment affirmed or judgment be recovered against appellant in the action in the district court, appellant will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof or appellant will pay any judgment and costs that may be recovered against appellant in said action in the district court, not exceeding a sum to be fixed by the municipal court 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 rule.

(5) The provisions of Rule 8 apply to a surety upon a bond given pursuant to this rule.

(b) Undertaking when prevailing party appeals. If the party in whose favor the judgment is rendered appeals, the undertaking must be in the sum of $100 and conditioned upon the party paying all costs that may be awarded against appellant and obeying any order of court made in the action.

(c) Criminal cases. No undertaking for costs is required in appeals in criminal cases.
Mont. Code Ann. § Rule 8 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 8
Rule 8 Amendment of pleadings
Status: in_force

Rule 8 . Amendment of pleadings.

A. WHEN ALLOWED. Each party may amend its pleading one time, without leave of court, if the amended pleading is filed within the following times:

(1) The plaintiff's amended complaint, if any, must be filed no later than 10 days after defendant's answer to the original complaint if served upon plaintiff.

(2) The defendant's amended answer, if any, must be filed no later than 10 days after the filing of the original answer. The amended answer may add a counterclaim consistent with Rule 7C. Further amendments may be granted only upon written consent of the opposing party or upon leave of the court for good cause shown.

B. ANSWER TO AMENDED COMPLAINT. A defendant shall file and serve an answer within 20 days of the service of an amended complaint.

C. REPLY TO AMENDED COUNTERCLAIM. A plaintiff must file and serve a reply within 20 days after service of an amended counterclaim.

D. LIMIT. No other pleading to an amended pleading may be allowed, except that the court may order a reply to the amended answer.
Mont. Code Ann. § 25-9-402 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-402
25-9-402 Findings by trier of fact -- civil actions
Status: in_force

25-9-402 . Findings by trier of fact -- civil actions. In any action for personal injury, property damage, or wrongful death where liability is found after trial and in which $100,000 or more in future damages is awarded to the claimant, the trier of fact shall make a separate finding as to the amount of any future damages so awarded and state whether the amount of future damages has been reduced to present value.
Mont. Code Ann. § 25-9-712 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-712
25-9-712 Determining United States dollar value of foreign-money claims for limited purposes
Status: in_force

25-9-712 . Determining United States dollar value of foreign-money claims for limited purposes. (1) Computations under this section are for the limited purposes of this section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.

(2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections (3) and (4).

(3) A party seeking process, costs, bond, or other undertaking under subsection (2) shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day preceding the filing of a request or application for the issuance of process, for the determination of costs, or for an application for a bond or other court-required undertaking.

(4) A party seeking the process, costs, bond, or other undertaking under subsection (2) shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
Mont. Code Ann. § 25-4-303 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-303
25-4-303 True value of property -- action for taking
Status: in_force

25-4-303 . True value of property -- action for taking. When, in an action to recover the possession of personal property, the person making any affidavit did not truly state the value of the property and the officer taking the property or the sureties on any bond or undertaking are sued for taking the same, the officer or sureties may, in their answer, set up the true value of the property and that the person in whose behalf said affidavit was made was entitled to the possession of the same when said affidavit was made or that the value in the affidavit stated was inserted by mistake, whereupon the court must disregard the value as stated in the affidavit.
Mont. Code Ann. § 25-13-707 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-707
25-13-707 Liability of officer after resale
Status: in_force

25-13-707 . Liability of officer after resale. Sections 25-13-705 and 25-13-706 must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser and the amount collected from the purchaser refusing to pay.
Mont. Code Ann. § Rule 1 — MT Code / Title 25 / Chapter 30A / Part 2100 / Section Rule 1
Rule 1 Scope of rules--limitation of appeal
Status: in_force

Rule 1 . Scope of rules--limitation of appeal.

(a) Rules govern procedure. These rules govern procedure for appeals in civil and criminal cases from a municipal court judgment or order to a district court. The party appealing is known as the appellant and the adverse party as the respondent.

(b) Limitation of appeals. Appeal from a municipal court judgment shall be limited by city ordinance in the following cases:

(1) In civil causes, the ordinance shall require that a minimum amount in controversy shall exceed $1,000.00, before the district court has jurisdiction to hear the appeal.

(2) In criminal causes, the ordinance shall require that a minimum amount in controversy, fine or restitution shall exceed $300.00 before the district court has jurisdiction to hear the appeal, except if the judgment includes incarceration, no minimum fine may be required for appeal.

(3) Appeals may be taken in criminal cases as provided in §§ 46-20-103 and -104, MCA.

(c) Local rules. No local rules shall be adopted in conflict with these rules.
Mont. Code Ann. § 25-14-201 — MT Code / Title 25 / Chapter 14 / Part 2 / Section 25-14-201
25-14-201 Appointment of receiver -- notice
Status: in_force

25-14-201 . Appointment of receiver -- notice. At any time after making an order requiring the judgment debtor or any other person to attend and be examined, as prescribed in parts 1 and 2 of this chapter, the judge may make an order appointing a receiver of the property of the judgment debtor. At least 2 days' notice of the application for the order appointing a receiver must be given personally to the judgment debtor unless the judge is satisfied that the judgment debtor cannot, with reasonable diligence, be found within the state, in which case the order must recite that fact and may dispense with notice or direct notice to be given in any manner that the judge thinks proper. However, when the order to attend and be examined has been served upon the judgment debtor, a receiver may be appointed upon the return day of the service or at the close of the examination without further notice to the judgment debtor.
Mont. Code Ann. § 25-33-202 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-202
25-33-202 Undertaking when prevailing party appeals
Status: in_force

25-33-202 . Undertaking when prevailing party appeals. If the party in whose favor the judgment is rendered appeals, the undertaking must be in the sum of $100 and conditioned that the party will pay all costs that may be awarded against the party and obey any order of court made in the action.
Mont. Code Ann. § 25-11-102 — MT Code / Title 25 / Chapter 11 / Part 1 / Section 25-11-102
25-11-102 Grounds for new trial
Status: in_force

25-11-102 . Grounds for new trial. The former verdict or other decision may be vacated and a new trial granted on the application of the party aggrieved for any of the following causes materially affecting the substantial rights of the party:

(1) irregularity in the proceedings of the court, jury, or adverse party or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;

(2) misconduct of the jury. Whenever any one or more of the jurors have been induced to assent to any general or special verdict or to a finding on any question submitted to them by the court by a resort to the determination of chance, the misconduct may be proved by the affidavit of any one of the jurors.

(3) accident or surprise that ordinary prudence could not have guarded against;

(4) newly discovered evidence material for the party making the application that the party could not, with reasonable diligence, have discovered and produced at the trial;

(5) excessive damages appearing to have been given under the influence of passion or prejudice;

(6) insufficiency of the evidence to justify the verdict or other decision or that it is against law;

(7) error in law occurring at the trial and excepted to by the party making the application.
Mont. Code Ann. § 25-9-603 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-603
25-9-603 Applicability
Status: in_force

25-9-603 . Applicability. (1) Except as provided in subsection (2), this part applies to a foreign-country judgment to the extent that the judgment:

(a) grants or denies recovery of a sum of money; and

(b) under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(2) This part does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

(a) a judgment for taxes;

(b) a fine or other penalty; or

(c) a judgment for dissolution of marriage, support, or maintenance, or other judgment rendered in connection with domestic relations.

(3) A party seeking recognition of a foreign-country judgment has the burden of establishing that this part applies to the foreign-country judgment.
Mont. Code Ann. § Rule 3 — MT Code / Title 25 / Chapter 30A / Part 2100 / Section Rule 3
Rule 3 Interests of justice
Status: in_force

Rule 3 . Interests of justice.

Upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
Mont. Code Ann. § 25-13-212 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-212
25-13-212 Claiming exemption -- process -- time for hearing
Status: in_force

25-13-212 . Claiming exemption -- process -- time for hearing. (1) To claim an exemption from execution, a judgment debtor shall file a written request for a hearing with the court that issued the execution accompanied by a written statement that describes the property that the judgment debtor claims is exempt and the reasons for the claim that the property is exempt and accompanied by copies of any documentation upon which the judgment debtor is relying for the exemption claim. A copy of the request, statement, and any documentation must be mailed by the judgment debtor on the date of filing to the judgment creditor or the judgment creditor's attorney and to the sheriff or levying officer. The request, statement, and any documentation must be filed within 10 days, excluding weekends and holidays, of the date of:

(a) the judgment debtor's receipt of notification of execution if notification was by personal service; or

(b) the date notification was mailed to the judgment debtor pursuant to 25-13-211 (2).

(2) If the judgment debtor does not file the request, statement, and any documentation claiming an exemption within the period provided for in subsection (1), the judgment debtor may not claim an exemption in the seized property.

(3) A court that receives a request for an exemption hearing, along with the statement and any documentation, shall conduct the hearing within 10 days, excluding weekends and holidays, from the date of receipt of the request.

(4) The court shall forward the order determining the judgment debtor's exemption claim to the sheriff or levying officer.
Mont. Code Ann. § 25-3-204 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-204
25-3-204 Officer to exhibit process
Status: in_force

25-3-204 . Officer to exhibit process. The officer or registered process server executing a service of process shall display the service of process, all attached papers, and an identification card upon request by an interested party at any time during execution of the service of process.
Mont. Code Ann. § 25-13-211 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-211
25-13-211 Notification of seizure
Status: in_force

25-13-211 . Notification of seizure. (1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must:

(a) inform the judgment debtor that certain described property or money of the judgment debtor's was seized to satisfy a judgment against the debtor;

(b) state the case name, the date of judgment, and the name of the judgment creditor;

(c) advise the judgment debtor that the judgment debtor may be entitled to claim an exemption from execution on the property as described in part 6 of this chapter or other provisions of state or federal law; and

(d) state the procedure by which the judgment debtor may claim an exemption and file a request for an exemption hearing.

(2) The notification may be made by personal service or by United States mail, postage prepaid, to the judgment debtor's last-known address. If service is by mail, service is completed on the date the sheriff or levying officer places the notification in the mail.
Mont. Code Ann. § 25-13-802 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-802
25-13-802 Time for redemption -- amount to be paid
Status: in_force

25-13-802 . Time for redemption -- amount to be paid. The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser:

(1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, up to the time of redemption;

(2) the amount of any assessment or taxes that the purchaser may have paid on the property after purchase and interest on that amount;

(3) the amount of any repairs, maintenance expenses, or other expenditures that the purchaser may reasonably have made after purchase for the maintenance of the property, with interest on the amounts from the date of expenditure; and

(4) if the purchaser is also a creditor having a prior lien to that of the redemptioner other than the judgment under which the purchase was made, the amount of the lien with interest.
Mont. Code Ann. § 25-9-406 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-406
25-9-406 Failure to pay -- penalty
Status: in_force

25-9-406 . Failure to pay -- penalty. If the court finds that the insurer that sold the annuity to the judgment debtor has unjustifiably exhibited a continuing pattern of failing to make periodic payments, the court shall find the insurer in contempt of court and order the insurer to pay past-due payments and the judgment creditor's damages caused by the failure to make payments, including court costs and attorney fees.
Mont. Code Ann. § Rule 7 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 7
Rule 7 Pleadings allowed
Status: in_force

Rule 7 . Pleadings allowed.

In justice or city court there may be a complaint, answer, counterclaim, and reply to a counterclaim. No other pleadings are allowed, except that the court may order a reply to an answer. A "motion" is not a "pleading".

A. COMPLAINT. The complaint is a concise written statement of the facts constituting the plaintiff's cause of action and the type and amount of relief requested.

B. ANSWER. The answer must contain a denial of any or all of the material facts stated in the complaint that the defendant believes to be untrue and also a statement, in plain or direct manner, of any other facts constituting a defense. Any matter not denied shall be deemed admitted. If an answer is not filed within 20 days after service of the complaint and summons, the plaintiff may request entry of default as provided in Rule 21 of these rules.

C. COUNTERCLAIM.

(1) A defendant may file with the answer a counterclaim against the plaintiff. The defendant must file as a counterclaim any claim arising out of the same transaction or occurrence as the complaint, which is within the jurisdiction of the justice or city court, or it is deemed to be waived. The counterclaim must be a concise written statement of the facts constituting the defendant's cause of action and the type or amount of relief requested. Any counterclaim that exceeds the jurisdiction of the justice or city court must be dismissed without prejudice.

(2) If the counterclaim, after being dismissed without prejudice as outside the subject matter jurisdiction of the justice or city court, is filed in the district court, then upon order of the district judge the pending justice or city court action must be transferred to the district court.

D. REPLY TO COUNTERCLAIM. The reply must contain a denial of any or all of the material facts stated in the counterclaim that the plaintiff believes to be untrue and also a statement, in plain or direct manner, of any other facts constituting a defense to the counterclaim. Any matter not denied shall be deemed admitted. If a reply to a counterclaim is not filed within 20 days after service of the counterclaim, the defendant may request entry of default as provided in Rule 21 of these rules.

E. CROSS CLAIMS. Cross claims are not allowed in a justice or city court, unless, in accordance with Rule 12 of these rules, justice cannot be otherwise obtained.

F. GENERAL RULES OF PLEADING.

(1) Form -- pleadings in justice or city court. All pleadings must be in writing and filed with the court. They must be in a form that enables a person of common understanding to know what is intended.

(2) Effect of failure to deny. Allegations in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. A statement of fact in a pleading to which no responsive pleading is required or permitted must be taken as denied or avoided.

(3) New matter. New matter in the answer or reply to counterclaim is considered denied by the opposing party.

(4) Signing of pleadings. Every pleading of a party represented by an attorney must be signed by that attorney and must state the address and telephone number of the attorney. A party who is not represented by an attorney shall sign the pleading and state the party's address and telephone number.
Mont. Code Ann. § 25-13-704 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-704
25-13-704 Conduct of sale
Status: in_force

25-13-704 . Conduct of sale. (1) All sales of property under execution must be made at auction to the highest bidder, between the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. The officer holding the execution or the officer's deputy may not become a purchaser or be interested in any purchase at the sale.

(2) When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale and must be sold in parcels that are likely to bring the highest price. When the sale is of real property consisting of several known lots or parcels, the lots or parcels must be sold separately, or when a portion of the real property is claimed by a third person and the person requires it to be sold separately, that portion must be sold separately. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, must be sold when the property consists of several known lots or parcels or of articles that can be sold to advantage separately, and the sheriff shall follow the directions.
Mont. Code Ann. § 25-2-126 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-126
25-2-126 Against state and political subdivisions
Status: in_force

25-2-126 . Against state and political subdivisions. (1) Except as provided in 25-2-127 and subsection (2) of this section, the proper place of trial for an action against the state is in the county in which the claim arose or in Lewis and Clark County. In an action against the state brought by a resident of the state, the county of the plaintiff's residence is also a proper place of trial.

(2) For an action that challenges the issuance, approval, renewal, or denial of a permit, license, authorization, or certificate by a state agency, the action must be brought in the county in which the permitted, licensed, authorized, or certificated activity would occur. If an activity would occur in more than one county, any county in which the activity would occur is a proper place for an action.

(3) The proper place of trial for an action against a political subdivision is in the county in which the claim arose or in any county where the political subdivision is located.
Mont. Code Ann. § 25-14-205 — MT Code / Title 25 / Chapter 14 / Part 2 / Section 25-14-205
25-14-205 Relation back of receiver's title
Status: in_force

25-14-205 . Relation back of receiver's title. (1) When the receiver's title to personal property has become vested, as prescribed in 25-14-204 , it also extends back by relation for the benefit of the judgment creditor in whose behalf the proceedings were instituted, as follows:

(a) When an order requiring the judgment debtor to attend and be examined has been served before the appointment of a receiver or the judgment debtor has been brought before the judge on arrest, the receiver's title extends back so as to include the personal property of the judgment debtor at the time of the service of the order or the judgment debtor's arrest.

(b) When an order has not been served or an arrest has not been made, as specified in subsection (1)(a), but an order has been made requiring a person to attend and be examined concerning property belonging or a debt due to the judgment debtor, the receiver's title extends to the personal property belonging to the judgment debtor that was in the hands or under the control of the person or corporation required to attend at the time of the service of the order and to a debt then due the judgment debtor from that person or corporation.

(c) In every other case, when notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judgment debtor at the time when the notice was served, either personally or by complying with the requirements of an order prescribing a substitute for personal service.

(2) When the case is within two or more of subsections (1)(a) through (1)(c), the rule most favorable to the judgment creditor must be adopted.

(3) This section does not affect the title of a purchaser in good faith, without notice, and for a valuable consideration or the payment of a debt in good faith and without notice.
Mont. Code Ann. § Rule 25 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 25
Rule 25 Substitution of parties in civil cases - acts of personal representatives or guardians when appointment vacated
Status: in_force

Rule 25 . Substitution of parties in civil cases - acts of personal representatives or guardians when appointment vacated.

(1) Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the supreme court in a civil case, the personal representative of the deceased party may be substituted as a party on motion filed by any party with the clerk of the supreme court. The motion of a party shall be served upon the representative in accordance with the provisions of rule 10. If the deceased party has no representative, proceedings shall then be had as the supreme court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected in the supreme court in accordance with this rule. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by such party's personal representative or, if there is no personal representative, by such party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in the supreme court in accordance with this rule.

(2) Substitution for other causes. If substitution of a party in the supreme court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in section (1).

(3) Public officers - death or separation from office. When a public officer is a party to an appeal or other proceeding in the supreme court in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

(4) Acts of personal representative or guardian. When the judgment or order appointing a personal representative or guardian is reversed on appeal, for error and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such personal representative or guardian, if such personal representative or guardian has qualified, are as valid as if such judgment or order had been affirmed.
Mont. Code Ann. § Rule 16 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 16
Rule 16 Pre-trial conference
Status: in_force

Rule 16 . Pre-trial conference.

(a) Pre-trials conferences shall be governed by Rule 14 of the Montana Justice and City Court Rules of Civil Procedure.

(b) Unless otherwise ordered by the court no pre-trial conference will be set. A party may request a pre trial conference not less than seven (7) days before trial.

(c) An attorney representing a party at a pre-trial conference shall appear with sufficient authority from the party so as to expedite the settlement of the action.
Mont. Code Ann. § 25-8-103 — MT Code / Title 25 / Chapter 8 / Part 1 / Section 25-8-103
25-8-103 With whom money deposited
Status: in_force

25-8-103 . With whom money deposited. (1) Whenever money is paid into or deposited in court, the money must be delivered to the clerk in person or to the clerk's deputies who are specially authorized by the deputy's appointment in writing to receive the money. The clerk or deputy shall, unless otherwise directed by law, deposit the money with the county treasurer to be held by the treasurer subject to the order of the court.

(2) The appointment must be filed with the county treasurer, who shall exhibit it and give to each person asking for the appointment a certified copy of the appointment. The appointment is in force until a revocation in writing is filed with the county treasurer, who shall upon receipt write "revoked" in ink across the face of the appointment.
Mont. Code Ann. § 25-33-206 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-206
25-33-206 Waiver of undertaking or deposit
Status: in_force

25-33-206 . Waiver of undertaking or deposit. In all cases where an undertaking is required on appeal by the provisions of this chapter, the undertaking or deposit may be waived by the written consent of the respondent.
Mont. Code Ann. § 25-9-403 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-403
25-9-403 Request for periodic payment of future damages -- nonmalpractice claims
Status: in_force

25-9-403 . Request for periodic payment of future damages -- nonmalpractice claims. (1) Except as provided in 25-9-412 , a party to an action for personal injury, property damage, or wrongful death in which $100,000 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 may enter an order for periodic payment of future damages if the court finds that periodic payment is in the best interests of the claimant. 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 and as to whether an order for periodic payment of future damages is in the best interests of the claimant.

(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) A court ordering periodic payment of future damages shall order that the payments 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 may 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. § 25-13-825 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-825
25-13-825 Damages for injury to property after sale and before conveyance
Status: in_force

25-13-825 . Damages for injury to property after sale and before conveyance. When real property has been sold on execution, the purchaser or any person who may have succeeded to the purchaser's interest may, after the purchaser's estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale and before possession is delivered under the conveyance.
Mont. Code Ann. § Rule 13 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 13
Rule 13 Form of briefs
Status: in_force

Rule 13 . Form of briefs.

(a) Brief of appellant. The requirement of appellants brief is fulfilled by a simple written memorandum or statement setting forth the judgment or order appealed from, the facts relevant to the issues presented for review, the points of error for the appeal, special points and legal authorities desired to be brought to the attention of the district court, and a short conclusion of the relief sought.

(b) Answer brief of respondent. The answer brief of the respondent shall conform to the requirements of subsection (a), except that a statement of the facts or issues need not be made unless the respondent is dissatisfied with appellants statements.

(c) Reply brief. The appellant may file a brief in reply to respondents answer. The reply brief must be confined to new matter raised in the brief of respondent. No further briefs may be filed except with leave of the district court.

(d) Length of briefs. Except by permission of the district court briefs shall not exceed 10 pages.

(e) Form and quality. All briefs shall be written in ink or typed on a good grade of white paper 8 1/2 inches by 11 inches in size. On the first page of the brief shall appear the title of the district court; the title of the municipal court appealed from, adding to the words Plaintiff and Defendant, the words Appellant and Respondent as the case may require; the title of the brief as Appellants Brief or Respondents Brief as the case may be; and the names, addresses and telephone numbers of the attorneys, or the parties if pro se. Form 4 is a suggested form of the first page of a brief.

(f) Brief references and abbreviations. References in the brief to the record must be specific as to the particulars and their location in the record. Reference to a stenographic record must be made to the specific page of the transcription. Reference to an electronic record must be made to its location on the electronic recording by an accurate recorder counter number. In the discretion of the district court, it may require parts or all of an electronic recording transcribed, and attached as part of the brief. References to exhibits shall be made to the specific page or location in the record where the exhibit was identified, offered, received or rejected. Understandable abbreviations may be used in the brief.
Mont. Code Ann. § 25-10-403 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-403
25-10-403 Prepayment of fees
Status: in_force

25-10-403 . Prepayment of fees. Each party to a civil action is required to pay the fees fixed by law for the performance of any service or duty by any officer of such court at the instance of such party at the time such service is rendered, except in the case mentioned in 25-10-405 and 25-10-701 ; and no such officer is required to perform such service or duty unless the fees fixed therefor are, on demand, first paid or tendered.
Mont. Code Ann. § 25-14-310 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-310
25-14-310 Judgment unaffected
Status: in_force

25-14-310 . Judgment unaffected. The judgment against a prisoner who is discharged remains in full force against any estate that may then or at any time afterward belong to the prisoner, and the plaintiff may take out a new execution against the goods and estate of the prisoner in the same manner as if the prisoner had never been committed.
Mont. Code Ann. § 25-9-704 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-704
25-9-704 Variation by agreement
Status: in_force

25-9-704 . Variation by agreement. (1) The effect of this part may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.

(2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different money for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
Mont. Code Ann. § 25-30-108 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-108
25-30-108 Appeals
Status: in_force

25-30-108 . Appeals. (1) A party may appeal to district court from a judgment of municipal court.

(2) Appeal from a municipal court may be limited by requiring by ordinance that a minimum amount in controversy, not to exceed $200, be met before the district court has jurisdiction to hear the appeal, except upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
Mont. Code Ann. § 25-2-112 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-112
25-2-112 Designation of proper place of trial not jurisdictional
Status: in_force

25-2-112 . Designation of proper place of trial not jurisdictional. The designation of a county in this part as a proper place of trial is not jurisdictional and does not prohibit the trial of any cause in any court of this state having jurisdiction.
Mont. Code Ann. § 25-4-203 — MT Code / Title 25 / Chapter 4 / Part 2 / Section 25-4-203
25-4-203 Verification of pleadings
Status: in_force

25-4-203 . Verification of pleadings. (1) In any case in which a verification by affidavit is required, except as otherwise specifically provided, the verification by affidavit must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters stated in the affidavit on information and belief, and that as to those the deponent believes it to be true. The verification must be made by the party or, if there are several parties united in interest or pleading, by at least one of the parties acquainted with the facts if the party is in the county and capable of making the verification. The verification may also be made by the agent or attorney of the party if the party is absent from the county in which the attorney resides or if, for any other cause, the party is unable to verify the pleading. In that case, the verification must state that the deponent is the agent or attorney of the party, the reason why the verification is made by the agent or attorney, and that the matters stated in the pleadings are true to the best knowledge, information, and belief of the agent or attorney.

(2) When a corporation is a party, the verification may be made by any officer of the corporation and must state the office of the officer and that the matters stated in the verification are true to the best knowledge, information, and belief of the officer. If there is no officer of the corporation within the county, the verification may be made by the corporation's attorney.
Mont. Code Ann. § Rule 19 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 19
Rule 19 Jury instructions
Status: in_force

Rule 19 . Jury instructions.

(a) In criminal actions, the general criminal jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given.

(b) In civil actions the general civil jury instruction set forth in the Montana Judges Deskbook: Municipal, Justice and City Courts shall be given.

(c) Any party may request special jury instructions. All proposed jury instructions and verdict forms must be delivered to the court in duplicate and a copy served upon all opposing parties not less than twenty-four (24) hours before trial.
Mont. Code Ann. § Rule 19 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 19
Rule 19 Motions
Status: in_force

Rule 19 . Motions.

All motions to the court for an order shall be in writing and served upon all parties to the appeal or their counsel.
Mont. Code Ann. § 25-9-311 — MT Code / Title 25 / Chapter 9 / Part 3 / Section 25-9-311
25-9-311 Entry of satisfaction of judgment in docket
Status: in_force

25-9-311 . Entry of satisfaction of judgment in docket. Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor or by the judgment creditor's endorsement on the face or on the margin of the record of the judgment or by the judgment creditor's attorney unless a revocation of the attorney's authority is filed. Whenever a judgment is satisfied in fact otherwise than upon an execution, the party or attorney shall give the acknowledgment or make the endorsement, and upon motion, the court may compel the acknowledgment or endorsement or may order the entry of satisfaction to be made without the acknowledgment or endorsement.
Mont. Code Ann. § 25-2-116 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-116
25-2-116 Multiple claims
Status: in_force

25-2-116 . Multiple claims. In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action, subject to the power of the court to separate claims or issues for trial under Rule 42(b) of the Montana Rules of Civil Procedure.
Mont. Code Ann. § 25-3-201 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-201
25-3-201 Delivery of papers to officer
Status: in_force

25-3-201 . Delivery of papers to officer. (1) (a) It is the duty of a party in any civil action pending in a district court or the party's agent or attorney to forward by mail any process, summons, or other papers required in the cause.

(b) It is the duty of the sheriff, registered process server, or other officer to whom the process, summons, or papers described in subsection (1)(a) may be directed to receive the process, summons, or papers at the place where the documents are directed.

(2) If the papers are delivered for service away from the county seat, all necessary copies must be furnished for service.

(3) If a sheriff, registered process server, or other officer refuses to receive a summons or other process at the point where it was directed or refuses to serve the summons or process, the sheriff, registered process server, or other officer is guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding $100.
Mont. Code Ann. § 25-11-101 — MT Code / Title 25 / Chapter 11 / Part 1 / Section 25-11-101
25-11-101 New trial defined
Status: in_force

25-11-101 . New trial defined. A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury or court or by referees.
Mont. Code Ann. § 25-15-105 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-105
25-15-105 What constitute pleadings
Status: in_force

25-15-105 . What constitute pleadings. If the defendant in the answer denies the judgment or provides any defense that may have arisen subsequently, the summons, with the affidavit attached, and the answer constitute the written allegations in the case. If the defendant denies liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit attached, and the answer constitute the written allegations.
Mont. Code Ann. § 25-33-103 — MT Code / Title 25 / Chapter 33 / Part 1 / Section 25-33-103
25-33-103 How appeal taken
Status: in_force

25-33-103 . How appeal taken. The appeal is taken by serving a copy of the notice of appeal on the adverse party or the adverse party's attorney and by filing the original notice of appeal with the justice or judge. The order of serving and filing is immaterial.
Mont. Code Ann. § 25-11-104 — MT Code / Title 25 / Chapter 11 / Part 1 / Section 25-11-104
25-11-104 How motion for new trial made
Status: in_force

25-11-104 . How motion for new trial made. (1) Motions for new trials shall be made as follows:

(a) For causes mentioned in 25-11-102 (1), the motion shall be made on affidavits or on the minutes of the court.

(b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102 , the motion shall be made only on affidavits.

(c) For causes mentioned in subsection (5), (6), or (7) of 25-11-102 , the motion shall be made only on the minutes of the court.

(2) The official stenographic reports of the trial may be referred to as a part of the minutes of the court.
Mont. Code Ann. § 25-1-402 — MT Code / Title 25 / Chapter 1 / Part 4 / Section 25-1-402
25-1-402 Governmental entities not required to give security
Status: in_force

25-1-402 . Governmental entities not required to give security. In any civil action or proceeding in which the state, a county, or a municipal corporation or any officer in the officer's official capacity on behalf of the state or a county, city, or town is a party plaintiff or defendant, a bond, undertaking, or security may not be required of the state, county, municipal corporation, or town or any officer of those entities; however, on complying with the other provisions of this code, the state, county, municipal corporation, or town or any officer acting in the officer's official capacity has the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by this code. The board of trustees of any school district is entitled to the benefit of this section.
Mont. Code Ann. § Rule 10 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 10
Rule 10 Naming of parties to action
Status: in_force

Rule 10 . Naming of parties to action.

A. PARTIES.

(1) Actions must be prosecuted or defended in the name of the person who benefits from or is responsible for the satisfaction of any judgment rendered in justice or city court. That person is considered the real party in interest.

(2) A personal representative, administrator, guardian, conservator, fiduciary, bailee, trustee of an express trust, party with whom or in whose name a contract has been made for the benefit of another, or party authorized by statute may be named as a party to an action. In such a case, the pleadings must contain information concerning the circumstances or statute that enables the person to appear in the party's name and not in the name of the person for whose benefit the action is prosecuted or defended.

B. AMENDMENT -- DISMISSAL. Upon motion of the opposing party or upon the court's own motion, the court must require an amendment of the pleadings to name the real party in interest. If the real party in interest is not named within 5 days, the action will be dismissed without prejudice.
Mont. Code Ann. § 25-12-101 — MT Code / Title 25 / Chapter 12 / Part 1 / Section 25-12-101
25-12-101 Exclusive method of review
Status: in_force

25-12-101 . 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 by the Rules of Appellate Procedure and not otherwise.
Mont. Code Ann. § 25-7-204 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-204
25-7-204 Mode of drawing ballots
Status: in_force

25-7-204 . Mode of drawing ballots. Before the first ballot shall have been drawn, the box must be closed and well shaken so as to thoroughly mix the ballots therein. The district judge or the jury commissioner must draw at random a ballot with the juror's name thereon. Upon stipulation of counsel, the court may order the clerk to draw ballots.
Mont. Code Ann. § 25-13-403 — MT Code / Title 25 / Chapter 13 / Part 4 / Section 25-13-403
25-13-403 Security for costs when property seized
Status: in_force

25-13-403 . Security for costs when property seized. If the sheriff or levying officer will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of execution shall provide a bond or other security to pay for all costs which may be incurred as a result of the service of such writ.
Mont. Code Ann. § 25-2-125 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-125
25-2-125 Against public officers or their agents
Status: in_force

25-2-125 . Against public officers or their agents. Except as provided in 25-2-127 , the proper place of trial for an action against a public officer or person specially appointed to execute the officer's duties for an act done by the officer or person in virtue of the office or against a person who, by the officer's or person's command or in the officer's or person's aid, does anything relating to the duties of the officer is the county where the cause or some part of the cause of action arose.
Mont. Code Ann. § 25-31-907 — MT Code / Title 25 / Chapter 31 / Part 9 / Section 25-31-907
25-31-907 Judgment when counterclaim has been established
Status: in_force

25-31-907 . Judgment when counterclaim has been established. Where a counterclaim is established which equals the plaintiff's demand, the judgment must be in favor of the defendant. Where it is less than the plaintiff's demand, the plaintiff must have judgment for the residue only. Where it exceeds the plaintiff's demand, the defendant must have judgment for the excess.
Mont. Code Ann. § 25-1-103 — MT Code / Title 25 / Chapter 1 / Part 1 / Section 25-1-103
25-1-103 When action considered pending
Status: in_force

25-1-103 . When action considered pending. An action is deemed to be pending from the time of its commencement until its final determination upon appeal or until the time for appeal has passed, unless the judgment is sooner satisfied.
Mont. Code Ann. § Rule 23 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 23
Rule 23 Execution
Status: in_force

Rule 23 . Execution.

A. HOW ENFORCED.

(1) By justice or city court. A judgment may be enforced within the boundaries of the state by a writ of execution issued by the justice or city court or the clerk thereof.

(2) Issuance of execution by judge or clerk of justice or city court. From the time of docketing in the clerk's office, execution may be issued thereon by the judge or clerk to the sheriff, constable, or levying officer of any county in the state.

B. TIME. The party in whose favor judgment is entered may request a writ of execution for its enforcement against the personal property of the judgment debtor. At any time within 10 years from the entry of judgment, the justice of the peace or city judge who entered the judgment or the successor in office or the clerk shall issue the writ upon request.

C. FORM AND CONTENT OF EXECUTION. Determination of the amount of the judgment outstanding and the type, kind, description, and location of the personal property of the judgment debtor is the exclusive duty of the judgment creditor. The execution must be directed to the sheriff, a constable, or a levying officer of the county and must be subscribed by the judge or clerk and bear the date of its issuance. The execution must contain the following information and may be in the following form:

IN JUSTICE/CITY COURT, ........., ........... COUNTY, MONTANA

BEFORE ................................ JUSTICE OF THE PEACE

............................ CITY JUDGE

............. )

............ ) Case No. ......

Plaintiff )

vs. ) EXECUTION

............. )

............. )

Defendant

THE STATE OF MONTANA TO THE SHERIFF, A CONSTABLE, OR A LEVYING OFFICER OF ............... COUNTY:

WHEREAS, on the ...... day of ............, 20...., .................... recovered a judgment in the said Justice/City Court against .................... as follows:

Original or Balance Due on Judgment in the amount of $......

Together with accrued interest at ...% per annum on the Judgment $......

Costs & Disbursements Accrued $......

Credits $......

Total sum due & owing at date of this execution $......

Together with all costs of execution (and) (or) for personal property described as follows:

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

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

(Attach description if necessary)

NOW, you, the sheriff, constable, or levying officer, are hereby required to make this sum due on the judgment or damages, with interest, costs, and accruing costs, to satisfy the judgment out of the PERSONAL PROPERTY of the debtor NOT EXEMPT FROM EXECUTION on the day on which the judgment was docketed in the county, or at any time hereafter, and return this writ not less than 10 days nor more than 120 days after the date of receipt.

Given under my hand this ...... day of ............, 20.....

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

Justice of the Peace or Clerk ...........................

City Judge or Clerk.

D. RETURN OF EXECUTION. The writ of execution shall remain in effect for 120 days from the date of receipt by the sheriff or levying officer and may be served multiple times during that period at the direction of the judgment creditor. The execution must be returned to the court:

(1) not less than 10 days nor more than one-hundred twenty (120) days after receipt of the recovery by the sheriff or levying officer;

(2) if the judgment creditor has requested the return of the writ.

(3) at the written direction of the officer, agent, or attorney who sent the writ, the sheriff or levying officer may return the writ to the requesting party.

E. RENEWAL. If a writ of execution is returned unsatisfied or partially satisfied, a new writ may be issued for the unsatisfied portion of the judgment, together with costs and interest. No new or additional writ may be issued until any outstanding issued writ, together with the return thereon, is returned to the issuing justice or city court.

F. SUPPLEMENTAL PROCEEDINGS. Proceedings supplementary to execution set out in 25-13-502 , 25-14-101 through 25-14-105 , 25-14-107 , and 25-14-108 are applicable to justice or city courts, the word "constable" being substituted for the word "sheriff" and the words "justice or city judge" being substituted for the word "judge".
Mont. Code Ann. § Rule 13 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 13
Rule 13 Discovery
Status: in_force

Rule 13 . Discovery.

A. SCOPE AND LIMITS. There shall be no formal discovery except pursuant to court order as provided by these rules.

(1) Either party may make a motion for an order to obtain discovery through the use of requests for production, depositions and written interrogatories, regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the parties seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought is inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(2) Any motion for formal discovery must include a statement that informal discovery was requested but was unsuccessful.

(3) (a) The frequency or extent of use of the discovery set forth in this rule must be limited by the court if it determines that:

(i) the discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or

(iii) the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the party's resources, and the importance of the issues at stake in the litigation.

(b) The court may act upon its own initiative after reasonable notice or pursuant to Rule 9 or 14.

(4) The type and extent of discovery, as well as the appropriate timeframes, must be determined by the court. Either party may request, or the court may order on its own, a hearing on the motion for discovery.

(5) Deposition will be allowed only upon written motion and at the discretion of the judge and if allowed must be taken as provided in Rules 26 and 28 through 30 of the Montana Rules of Civil Procedure.

B. SANCTIONS. If a party, or an officer, director, or managing agent of a party, or party's attorney fails to comply with this rule or a discovery order issued by a justice or city court, the court may award, against the party or attorney in violation, reasonable expenses, including attorney fees caused by failure to comply. Upon a showing of serious abuse of the discovery process the court may dismiss the action or grant default judgment as an appropriate sanction, in addition to or in lieu of a monetary sanction. If the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust, the court is not required to impose sanctions. Nothing in these rules is meant to interfere with the inherent contempt powers of the court.
Mont. Code Ann. § 25-40-108 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-108
25-40-108 Disqualification of collaborative lawyer and lawyers in associated law firm
Status: in_force

25-40-108 . Disqualification of collaborative lawyer and lawyers in associated law firm. (1) Except as provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.

(2) Except as provided in 25-40-109 and 25-40-110 and subsection (3) of this section, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1).

(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

(a) to ask a tribunal to approve an agreement resulting from the collaborative law process; or

(b) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or household member if a successor lawyer is not immediately available to represent that person.

(4) If subsection (3)(b) applies, a collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party or household member only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
Mont. Code Ann. § 25-2-118 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-118
25-2-118 Residence of defendant
Status: in_force

25-2-118 . Residence of defendant. (1) Except as provided in 25-2-127 and subsection (3) of this section, the proper place of trial for all civil actions is the county in which the defendants or any of them reside at the commencement of the action.

(2) If none of the defendants reside in the state, the proper place of trial for a contract action is as provided in 25-2-121 (1)(b) or (2) and the proper place of trial for a tort action is as provided in 25-2-122 (2) or (3).

(3) The proper place of trial for an action brought pursuant to Title 40, chapter 4, is the county in which the petitioner or the respondent has resided during the 90 days preceding the filing of the action.
Mont. Code Ann. § 25-13-501 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-501
25-13-501 What property subject to execution
Status: in_force

25-13-501 . What property subject to execution. All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Shares and interest in any corporation or company, debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery may be attached on execution, in like manner as upon writs of attachment. Gold dust must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.
Mont. Code Ann. § 25-10-204 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-204
25-10-204 Costs of transferring papers -- change of venue
Status: in_force

25-10-204 . Costs of transferring papers -- change of venue. The costs and fees of transmitting the pleading and papers when an order is made transferring an action or proceeding for trial and of filing the papers anew must be paid by the party at whose instance the order was made; except that the party filing the complaint must pay all costs and fees of filing the papers anew and all costs and fees, including reasonable attorneys' fees to be fixed by the court, incurred by the defendant by reason of the change of venue motion and hearing when:

(1) the action is an action upon a contract, express or implied, for the direct payment of money and no claim contained in the complaint exceeds $1,000;

(2) the county designated in the complaint is not the proper county; and

(3) the plaintiff will not within 10 days after request stipulate for change of venue and defendant files a motion for such change and such motion is thereafter granted.
Mont. Code Ann. § 25-9-507 — MT Code / Title 25 / Chapter 9 / Part 5 / Section 25-9-507
25-9-507 Optional procedure
Status: in_force

25-9-507 . Optional procedure. The right of a judgment creditor to bring an action to enforce the judgment creditor's judgment instead of proceeding under this part remains unimpaired.
Mont. Code Ann. § 25-9-711 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-711
25-9-711 Enforcement of foreign judgments
Status: in_force

25-9-711 . Enforcement of foreign judgments. (1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in 25-9-708 , whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.

(2) A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.

(3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.

(4) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
Mont. Code Ann. § Rule 15 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 15
Rule 15 Certification of questions of law
Status: in_force

Rule 15 . Certification of questions of law.

(1) Definitions. In this rule:

(a) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

(b) "Tribe" means a tribe, band, or village of native Americans which is recognized by federal law or formally acknowledged by a State.

(2) Power to certify. The supreme court of this State, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another State, or of a tribe, or of Canada, a Canadian province or territory, Mexico, or a Mexican state, or a federal court, if:

(a) The pending litigation involves a question to be decided under the law of the other jurisdiction;

(b) The answer to the question may be determinative of an issue in the pending litigation; and

(c) The question is one for which an answer is not provided by a controlling appellate decision, constitutional provision, or statute of the other jurisdiction.

(3) Power to answer. The supreme court of this State may answer a question of law certified to it by a court of the United States or by the highest court of another State or of a tribe, or of Canada, a Canadian province or territory, Mexico, or a Mexican state, if:

(a) The answer may be determinative of an issue in pending litigation in the certifying court; and

(b) There is no controlling appellate decision, constitutional provision, or statute of this State.

(4) Power to reformulate question. The supreme court of this State may reformulate a question of law certified to it.

(5) Certification order, record. The court certifying a question of law to the supreme court of this State shall issue a certification order and forward it to the supreme court of this State. Before responding to a certified question, the supreme court of this State may require the certifying court to deliver all or part of its record to the supreme court of this State.

(6) Contents of certification order.

(a) A certification order must contain:

(i) The question of law to be answered;

(ii) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose;

(iii) A statement acknowledging that the supreme court of this State, acting as the receiving court, may reformulate the question; and

(iv) The names and addresses of counsel of record and parties proceeding without counsel.

(b) If the parties cannot agree upon a statement of facts, the certifying court shall determine the relevant facts and state them as a part of its certification order.

(7) Notice, response. The supreme court of this State, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable.

(8) Procedures. After the supreme court of this State has accepted a certified question, the rules and statutes governing briefs, arguments, and other appellate procedures govern proceedings. Procedures for certification from this State to a receiving court are those provided in the rules and statutes of the receiving forum.

(9) Opinion - order. The supreme court of this State shall state in a written opinion the law answering the certified question or may by order determine that the certified question was improvidently accepted. The clerk of the supreme court shall send copies of the opinion or order to the certifying court and the parties.

(10) Cost of certification. Fees and costs are the same as in civil appeals filed with the clerk of the supreme court of this State and must be equally divided between the parties unless otherwise ordered by the certifying court.

(11) Severability. If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.

(12) Uniformity of application and construction. This rule shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of the rule among States adopting it.
Mont. Code Ann. § 25-33-204 — MT Code / Title 25 / Chapter 33 / Part 2 / Section 25-33-204
25-33-204 Stay of execution when undertaking filed
Status: in_force

25-33-204 . Stay of execution when undertaking filed. If an execution is issued, on the filing of the undertaking, the justice or judge shall direct the officer to stay all proceedings on the execution. The officer shall, upon the payment of the officer's fees for services rendered on the execution, relinquish all property levied upon and deliver the property to the judgment debtor, together with all money collected from sales or otherwise. If the officer's fees on the execution are not paid, the officer may retain as much of the property or proceeds of the property as may be necessary to pay the fees.
Mont. Code Ann. § 25-10-202 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-202
25-10-202 Costs of motion
Status: in_force

25-10-202 . Costs of motion. Whenever a motion is sustained or overruled, the losing party must pay to the other $10 as costs. If a motion is withdrawn before the hearing, it must be considered overruled.
Mont. Code Ann. § 25-3-505 — MT Code / Title 25 / Chapter 3 / Part 5 / Section 25-3-505
25-3-505 Effect of service by publication upon unknown persons
Status: in_force

25-3-505 . Effect of service by publication upon unknown persons. Judgments and decrees rendered in actions or proceedings when persons have been so made parties and served by publication of summons shall have the effect prescribed in Rule 4(o)(2), M.R.Civ.P. If such persons are made parties by the designation of:

(1) unknown heirs, the judgment or decree shall be conclusive as to all heirs of such deceased party;

(2) unknown devisees, the judgment or decree in such proceedings shall be conclusive as against all devisees of such deceased person;

(3) unknown owners, the judgment or decree rendered in such action or proceeding shall be conclusive as against the world, including persons with contingent interests in the controversy and persons not in being who may have an interest or contingent interest therein.
Mont. Code Ann. § 25-31-709 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-709
25-31-709 Time limit on adjournment -- undertaking
Status: in_force

25-31-709 . Time limit on adjournment -- undertaking. No adjournment may be granted upon the application of either party for a period longer than 10 days unless the opposite party consents or the party applying files an undertaking, in an amount fixed by the justice, with two sureties to be approved by the justice, to the effect that they will pay to the opposite party the amount of any judgment which may be recovered against the party applying, not exceeding the sum specified in the undertaking.
Mont. Code Ann. § 25-1-502 — MT Code / Title 25 / Chapter 1 / Part 5 / Section 25-1-502
25-1-502 Notice of appeal to be served on attorney general when state is party to judicial review
Status: in_force

25-1-502 . Notice of appeal to be served on attorney general when state is party to judicial review. (1) If the state or a department, officer, or board of the state appeals from a judgment or order entered in any court or files a petition for a writ seeking review of a matter in any appellate court, the attorney representing the state, department, officer, or board shall notify the attorney general within a reasonable time in advance of the filing of the notice or petition. The attorney shall serve a copy of the notice of appeal or of the petition on the attorney general and provide the attorney general on request a copy of the order, judgment, or opinion for which review is sought.

(2) If a notice of appeal or petition for a writ seeking review in any appellate court is served upon the state or a department, officer, or board of the state, the party serving the notice or petition shall serve a copy on the attorney general as well as on any other counsel required by law to be served.
Mont. Code Ann. § 25-13-104 — MT Code / Title 25 / Chapter 13 / Part 1 / Section 25-13-104
25-13-104 Compelling contribution or repayment -- joint debtor -- surety
Status: in_force

25-13-104 . Compelling contribution or repayment -- joint debtor -- surety. (1) When property liable to an execution against several persons is sold upon execution and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of property of one of them or one of them pays, without a sale, more than the person's proportion, the person may compel contribution from the others. When a judgment is against several persons and is upon an obligation of one of them as surety for another and the surety pays the amount or any part of the amount, either by sale of the surety's property or before sale, the surety may compel repayment from the principal.

(2) In the case described in subsection (1), the person paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment if, within 10 days after the person's payment, the person files with the clerk of the court where judgment was rendered notice of payment and a claim to contribution or repayment. Upon the filing of the notice, the clerk shall make an entry of the notice in the margin of the docket.
Mont. Code Ann. § Rule 18 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 18
Rule 18 Jury
Status: in_force

Rule 18 . Jury.

A. NUMBER OF JURORS. A jury in a justice or city court consists of six persons, but the parties may agree to fewer than six.

B. IMPANELING. The jury in a civil action in justice or city court must be impaneled as provided in 25-7-202 through 25-7-209 and 25-7-221 through 25-7-224 . Where the words "clerk" or "district court" occur in those sections, the words refer to the justice or city court in application under this rule.

C. SICKNESS OF JUROR. If a juror becomes sick and is unable to perform the juror's duty after impaneling of the jury but before verdict, the judge may order the juror discharged and proceed with the other jurors, swear in an alternate juror, continue the case, or discharge the jury and impanel a new jury.

D. PREVENTION OF JURY FROM GIVING VERDICT. When a jury is discharged or prevented from giving a verdict by reason of accident or other cause during the course of the trial, the judge may try the action with another jury again at a future time.
Mont. Code Ann. § 25-10-201 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-201
25-10-201 Costs generally allowable
Status: in_force

25-10-201 . Costs generally allowable. A party to whom costs are awarded in an action is entitled to include in the party's bill of costs the party's necessary disbursements, as follows:

(1) the legal fees of witnesses, including mileage, or referees and other officers;

(2) the expenses of taking depositions;

(3) the legal fees for publication when publication is directed;

(4) the legal fees paid for filing and recording papers and certified copies of papers necessarily used in the action or on the trial;

(5) the legal fees paid stenographers for per diem or for copies;

(6) the reasonable expenses of printing papers for a hearing when required by a rule of court;

(7) the reasonable expenses of making transcript for the supreme court;

(8) the reasonable expenses for making a map or maps if required and necessary to be used on trial or hearing; and

(9) other reasonable and necessary expenses that are taxable according to the course and practice of the court or by express provision of law.
Mont. Code Ann. § 25-4-103 — MT Code / Title 25 / Chapter 4 / Part 1 / Section 25-4-103
25-4-103 Vacating or modifying order made without notice
Status: in_force

25-4-103 . Vacating or modifying order made without notice. An order made out of court without notice to the adverse party may be vacated or modified, without notice, by the judge who made it, or it may be vacated or modified on notice in the manner in which other motions are made.
Mont. Code Ann. § 25-1-1111 — MT Code / Title 25 / Chapter 1 / Part 11 / Section 25-1-1111
25-1-1111 Bond required -- levy limited
Status: in_force

25-1-1111 . Bond required -- levy limited. (1) After completing the requirements in Title 37, chapter 60, for registration, a process server shall provide the department of labor and industry with proof of a surety bond of $10,000 for an individual or $100,000 for a firm, conditioned upon compliance with this part, all laws governing service of process in this state, and the requirements of Title 37, chapter 60. A clerk of court holding a surety bond for a process server under this section as of June 30, 2007, shall transfer the original bond and any supporting documentation to the board on July 1, 2007.

(2) A levying officer may not levy on a judgment that exceeds the value of the bond.
Mont. Code Ann. § 25-9-607 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-607
25-9-607 Stay of proceedings pending appeal of foreign-country judgment
Status: in_force

25-9-607 . Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Mont. Code Ann. § 25-1-1104 — MT Code / Title 25 / Chapter 1 / Part 11 / Section 25-1-1104
25-1-1104 Handbook for process servers
Status: in_force

25-1-1104 . Handbook for process servers. (1) The department of labor and industry shall publish a handbook for process servers and levying officers.

(2) The department of labor and industry shall develop and administer an examination for applicants for registration as a process server based on the handbook.

(3) The department of labor and industry may charge a reasonable examination fee to cover the costs of publishing the handbook and administering the examination provided for in this section.
Mont. Code Ann. § Rule 24 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 24
Rule 24 Appeal to district court
Status: in_force

Rule 24 . Appeal to district court.

Appeals from a justice or city court to a district court are governed by Title 25, chapter 33, except that the undertaking on appeal, when the judgment is for the payment of money, may be in the form of an appeal bond or a deposit of money in a sum equal to the amount of the judgment, including costs.
Mont. Code Ann. § 25-13-303 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-303
25-13-303 Execution when only some of defendants served
Status: in_force

25-13-303 . Execution when only some of defendants served. When a writ of execution is issued on a judgment recovered against two or more persons in an action upon a joint contract, in which action all the defendants were not served with summons or did not appear, it must direct the sheriff or levying officer to satisfy the judgment out of the joint property of all the defendants and the individual property only of the defendants who were served or who appeared in the action.
Mont. Code Ann. § Rule 2 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 2
Rule 2 Motions
Status: in_force

Rule 2 - Motions.

(a) Prerequisites to Filing a Motion. The text of the motion must state that other parties have been contacted and state whether any party objects to the motion. Parties that have not yet appeared in the action or whose default has been entered need not be contacted. When a motion is unopposed, the word "unopposed" must appear in the title of the motion

(b) Filing Briefs in Support of Motions. The moving party shall file with the court a supporting brief upon filing a motion. The brief may be accompanied by appropriate supporting documents. Except as provided in M. R. Civ. P. 56(c), within fourteen days after service of the movant's brief, the opposing party shall file an answer brief which also may be accompanied by appropriate supporting documents. Within fourteen days after service of the opposing party's answer brief, the movant may file a reply brief or other appropriate responsive documents.

(c) Failure to File Briefs. Failure to file briefs may subject the motion to summary ruling. The moving party's failure to file a brief shall be deemed an admission that the motion is without merit. Failure to file an answer brief by the opposing party within the time allowed shall be deemed an admission that the motion is well taken. Reply briefs by movant are optional, and failure to file will not subject a motion to summary ruling.

(d) Oral Argument. The court may order oral argument sua sponte or upon application of a party for good cause shown.

(e) When Motion Deemed Submitted. Unless oral argument is ordered, or unless the time is enlarged by the court, the motion is deemed submitted at the expiration of any of the applicable time limits set forth above. If oral argument is ordered, the motion will be deemed submitted at the close of argument unless the court orders additional briefs, in which case the motion will be deemed submitted as of the date designated as the time for filing the final brief.

(f) Subject to subsection (e), above, the moving party shall file a notice with the court within five days after the filing of a reply brief, or if no reply brief is filed, within five days after the filing of all response briefs, advising the court that the matter is fully submitted and ready for decision. A copy of the notice shall be sent to the presiding judge's chambers.

(g) In the event of conflict, the Montana Rules of Civil Procedure shall control. Time computation shall be governed by M. R. Civ. P. 6.
Mont. Code Ann. § Rule 16 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 16
Rule 16 Failure to appear or proceed
Status: in_force

Rule 16 . Failure to appear or proceed.

A. DEFENDANT. If a defendant, who has been properly served, fails to appear at the time fixed for trial, the trial may proceed at the request of the adverse party or parties.

B. PLAINTIFF. If a plaintiff fails to appear at the time fixed for trial, the judge shall dismiss the plaintiff's claim with prejudice and award costs to the defendant. The trial may proceed on any other pending claims of any other parties.

C. TIME. If a party fails to pursue disposition of a matter filed in a justice or city court in a timely manner, the court may, on it's own motion, dismiss the matter without prejudice. A dismissal at the court's discretion under this Rule 16C must be by written notice of the court to all parties and may not be made for at least 90 days after the last action. The notice must state that unless good cause is shown by a party or a party's attorney within 30 days of the court's notice, the matter must be dismissed without prejudice. If good cause is shown, in writing, by a party or a party's attorney, the court may set the matter for trial and no dismissal may be entered by the court.
Mont. Code Ann. § 25-13-608 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-608
25-13-608 Property exempt without limitation -- exceptions
Status: in_force

25-13-608 . Property exempt without limitation -- exceptions. (1) A judgment debtor is entitled to exemption from execution of the following:

(a) professionally prescribed health aids for the judgment debtor or a dependent of the judgment debtor;

(b) benefits the judgment debtor has received or is entitled to receive under federal social security or local public assistance legislation, except as provided in subsection (2);

(c) veterans' benefits, except as provided in subsection (2);

(d) disability or illness benefits, except as provided in subsection (2);

(e) except as provided in subsection (2), individual retirement accounts, as defined in 26 U.S.C. 408(a), to the extent of deductible contributions made before the suit resulting in judgment was filed and the earnings on those contributions, Roth individual retirement accounts, as defined in 26 U.S.C. 408A, to the extent of qualified contributions made before the suit resulting in judgment was filed and the earnings on those contributions, and rollover contributions, as defined in 26 U.S.C. 408(d)(3);

(f) benefits paid or payable for medical, surgical, or hospital care to the extent they are used or will be used to pay for the care;

(g) maintenance and child support;

(h) a burial plot for the judgment debtor and the debtor's family;

(i) benefits or payments paid or payable from a retirement system or plan within Title 19, chapters 3, 5 through 9, and 13, as provided by 19-2-1004 ;

(j) benefits or payments paid or payable from a retirement system or plan within Title 19, chapter 20, as provided by 19-20-706 ;

(k) the judgment debtor's interest in any unmatured life insurance contracts owned by the judgment debtor;

(l) as provided in 25-13-603 , a 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 to the extent of contributions made before the suit resulting in judgment was filed and the earnings on those contributions; and

(m) payments from the end of watch trust provided in 2-15-2040 through 2-15-2045 .

(2) Veterans' and social security legislation benefits based upon remuneration for employment, disability benefits, and assets of individual retirement accounts are not exempt from execution if the debt for which execution is levied is for:

(a) child support; or

(b) maintenance to be paid to a spouse or former spouse.
Mont. Code Ann. § 25-7-303 — MT Code / Title 25 / Chapter 7 / Part 3 / Section 25-7-303
25-7-303 Activity of court during jury's absence
Status: in_force

25-7-303 . Activity of court during jury's absence. While the jury is absent, the court may adjourn from time to time in respect to other business, but it is nevertheless open for every purpose connected with the case submitted to the jury until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict at the opening of the court in case of an agreement during a recess or adjournment for the day.
Mont. Code Ann. § 25-10-205 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-205
25-10-205 Costs of securing witnesses -- substitution of judge
Status: in_force

25-10-205 . Costs of securing witnesses -- substitution of judge. Whenever a motion for substitution of a judge is filed after the action or proceeding is set for trial or hearing, the party filing the motion shall pay to the opposite party all costs necessarily incurred in securing the attendance of witnesses between the date the order was made fixing the day of hearing or trial and the time the motion was filed, and such costs so paid are not recoverable in the action or proceeding.
Mont. Code Ann. § 25-13-823 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-823
25-13-823 Restraint of waste during redemption period
Status: in_force

25-13-823 . Restraint of waste during redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of the property at the time of sale or entitled to possession afterward, during the period allowed for redemption, to continue to use the property in the same manner in which it was previously used, to use it in the ordinary course of husbandry, to make the necessary repairs of buildings on the property, or to use wood or timber on the property for the repair of buildings on the property, for the repair of fences, or for fuel for the person's family while the person occupies the property.
Mont. Code Ann. § 25-5-202 — MT Code / Title 25 / Chapter 5 / Part 2 / Section 25-5-202
25-5-202 Who may defend when spouse sued
Status: in_force

25-5-202 . Who may defend when spouse sued. If a husband and wife are sued together, each spouse may defend for the spouse's own right, and if the other spouse fails to defend, the spouse who does choose to defend may defend for the other spouse's right also.
Mont. Code Ann. § 25-9-706 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-706
25-9-706 Determining amount of money of certain contract claims
Status: in_force

25-9-706 . Determining amount of money of certain contract claims. (1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

(2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.

(3) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
Mont. Code Ann. § 25-9-608 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-608
25-9-608 Saving clause
Status: in_force

25-9-608 . Saving clause. This part does not prevent the recognition of a foreign-country judgment in situations not covered by this part.
Mont. Code Ann. § 25-7-224 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-224
25-7-224 Peremptory challenges to jurors
Status: in_force

25-7-224 . Peremptory challenges to jurors. (1) Each party is entitled to four peremptory challenges, except as provided for under subsection (2).

(2) When a six-person jury is authorized by law, each side shall have two peremptory challenges. When the parties agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in open court, with the approval of the court, upon the number of peremptory challenges to be allowed, not to exceed four.

(3) Peremptory challenges shall be taken as provided in Rule 47(b), M.R.Civ.P.
Mont. Code Ann. § Rule 16 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 16
Rule 16 Attorney's Copied or Electronically-Generated Signature
Status: in_force

Rule 16 - Attorney's Copied or Electronically-Generated Signature.

(a) An attorney's copied or electronically-generated signature shall be deemed original for all court-filed documents.

(b) Pursuant to M. R. Civ. P. 5(b)(E), some or all of the parties may stipulate to provide service of all papers required to be served under M. R. Civ. P. 5(a)(1) by electronic means, including papers provided in response to written discovery requests. All parties that choose to accept service by electronic means shall sign a stipulation to be filed with the Court. Any party that chooses not to stipulate to service by electronic means must be served by one of the other methods identified in M. R. Civ. P. 5(b).
Mont. Code Ann. § 25-10-503 — MT Code / Title 25 / Chapter 10 / Part 5 / Section 25-10-503
25-10-503 How costs on appeal claimed
Status: in_force

25-10-503 . How costs on appeal claimed. Whenever costs are awarded to a party by an appellate court, if the party claims the costs, the party shall, within 30 days after the remittitur is filed with the clerk in the original proceeding, deliver to the clerk a memorandum of the party's costs, verified as prescribed in 25-10-501 , and then the party may have an execution for the costs as upon a judgment.
Mont. Code Ann. § 25-14-303 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-303
25-14-303 Service of notice
Status: in_force

25-14-303 . Service of notice. The notice specified in 25-14-302 must be served upon the plaintiff or the plaintiff's agent or attorney at least 1 day before the hearing of the application. If the plaintiff is not a resident of the county and does not have an agent or attorney in the county, the notice will not be served.
Mont. Code Ann. § Rule 13 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 13
Rule 13 Decorum
Status: in_force

Rule 13 . Decorum.

(a) When the court convenes all persons in attendance in the courtroom shall rise until the judge has taken the bench.

(b) The judge of the court shall, when presiding in open court, wear judicial robes.

(c) All persons shall, when in the courtroom, wear appropriate clothing.
Mont. Code Ann. § 25-3-604 — MT Code / Title 25 / Chapter 3 / Part 6 / Section 25-3-604
25-3-604 Secretary of state's record of process served
Status: in_force

25-3-604 . Secretary of state's record of process served. The secretary of state shall keep a record of all such summonses and process, which shall show the day of service.
Mont. Code Ann. § 25-4-314 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-314
25-4-314 Permissive delivery of statement with summons
Status: in_force

25-4-314 . Permissive delivery of statement with summons. A copy of the statement setting forth the nature and amount of damages being sought may be delivered to the defendant at the time of service of the summons and complaint but may not be filed for 20 days after the complaint is filed.
Mont. Code Ann. § Rule 6 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 6
Rule 6 Simplified Procedure for Civil Actions
Status: in_force

Rule 6 - Simplified Procedure for Civil Actions.

(a) The purpose of this rule is to protect the right to trial by jury in civil actions; to provide maximum access to the district courts and opportunity for citizens to participate in the civil justice system in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to facilitate limited discovery and decrease expenses; and to provide opportunities for counsel to train in civil trial practice.

(b) This rule applies to all civil actions in which a jury trial has been requested. Attorneys are required to educate and consult with their clients about this Simplified Procedure and all parties shall be prepared to elect or decline the Simplified Procedure process at the initial scheduling conference.

(c) Simplified Procedure means that the action shall be subject to the following requirements and limitations unless otherwise ordered by the court:

(1) Trial Setting. Following issuance of the scheduling order, the court shall set the case for trial on a date certain within six months or as soon as the court's schedule allows. A maximum of three trial days shall be allowed absent leave of court. The parties are not required to attend a settlement conference.

(2) Initial Disclosures. Each party shall produce initial disclosures fourteen days from the date of the Scheduling Order. The disclosing party shall sign all disclosures under oath. The initial disclosures must contain the following information:

(i) The name and, if known, the address and telephone number of each individual likely to have discoverable information--along with the subjects of that information--that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

(ii) A copy--or a description by category and location of such items that cannot be copied--of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

(iii) A computation of each category of damages claimed by the disclosing party--who must also make available for inspection and copying as under M. R. Civ. P. 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and

(iv) Any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

(3) Lay Witness Statements. Each party shall serve written disclosure statements identifying the name, address, telephone number, and a detailed statement of the expected testimony for each witness (not the party) the party intends to call at trial. For adverse witnesses, written disclosure of the expected subject matters of the witness's testimony, rather than a detailed statement of the expected testimony, shall be sufficient. Subject to the court's Scheduling Order, it is expected Lay Witness Statements will be filed within two months of the court's Scheduling Order.

(4) Expert Witness Reports. Expert testimony shall be disclosed through detailed written reports which may be drafted by counsel but shall be signed by the expert, and shall include the subject areas, bases, list of material relied upon, and specific opinions intended to be offered at trial. Such written expert reports shall be sufficiently detailed that expert depositions are not permitted absent leave of court. Subject to the court's Scheduling Order, it is expected Expert Witness Reports will be filed within three months of the court's Scheduling Order.

(5) Discovery. Interrogatories shall be limited to twenty-five including subparts. Requests for production shall be limited to twenty-five including subparts. Depositions shall be limited to three per party. Subject to the court's Scheduling Order, it is expected discovery will be closed within four months of the court's Scheduling Order.

(6) Discovery Disputes. Discovery disputes shall be resolved through telephonic or in-person hearings with the court. Written discovery motions are not permitted without leave of court.

(7) Pretrial Motions. Motions made pursuant to M. R. Civ. P. 12 or 56 shall not be filed absent leave of court. Motions in limine shall be filed consistent with the court's Scheduling Order.

(d) Changed Circumstances. In a case governed by this Rule, any time prior to trial, on the court's own motion or upon a specific showing of substantially changed circumstances sufficient to render the application of Simplified Procedure under this Rule unfair, and a showing of good cause for the timing of the motion to terminate, the court shall terminate application of this Rule and enter such orders as are appropriate under the circumstances.
Mont. Code Ann. § 25-7-601 — MT Code / Title 25 / Chapter 7 / Part 6 / Section 25-7-601
25-7-601 Waiver of findings of fact
Status: in_force

25-7-601 . Waiver of findings of fact. The findings of fact may be waived by the several parties to an issue of fact by:

(1) failing to appear at the trial;

(2) consent in writing filed with the clerk;

(3) oral consent in open court entered in the minutes.
Mont. Code Ann. § 25-10-106 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-106
25-10-106 Several defendants not united in interest
Status: in_force

25-10-106 . Several defendants not united in interest. When there are several defendants in the actions mentioned in 25-10-101 , not united in interest and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their favor.