Mont. Code Ann. § Rule 11 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 11
Rule 11 Form of briefs and other papers - duplication
Status: in_force

Rule 11 . Form of briefs and other papers - duplication.

(1) Form of briefs, appendices, petitions, including petitions for writs, motions, and other papers. Briefs, appendices, petitions, motions, and other papers shall be produced by any standard printing, word processing, typewriting, or equivalent process capable of producing a clear black image on paper. Such paper shall be standard quality, opaque, unglazed, recycled paper.

(2) Typeface and text style. Either a proportionately-spaced typeface of 14 points or more, or a monospaced typeface of no more than 10.5 characters per inch may be used in a brief, appendix, petition, motion, or other paper. A proportionately-spaced typeface has characters with different widths. A monospaced typeface has characters with the same advanced width. The brief's covers and the components of the brief excluded from the word count computation are exempt from the 14-point typeface requirement. Text shall be in roman, non-script text. Case names, headings, and signals may be underlined or in italics or in bold.

(3) Paper size, margins, and line spacing.

(a) All of the foregoing papers shall have pages not exceeding 8 1/2 by 11 inches with margins on the right side and left side and on the top and bottom not less than 1 inch wide, provided, however, that papers from the proceeding below (pleadings, findings of fact and conclusions of law, judgments, exhibits, and other like papers) may be:

(i) Reproduced in their original form, size, and print even though the papers exceed the foregoing size limitations; or

(ii) Reproduced in their original form, but in a reduced size and print on pages not exceeding 8 1/2 by 11 inches even though the print thereon is less than the foregoing size limitations, provided that the print is legible.

(b) Papers produced by typewriter or an equivalent process shall be double spaced except that footnotes and quoted and indented material may be single spaced. Pages shall be bound or attached on the left margin and numbered. Parties are encouraged to print and photocopy briefs, motions, and other papers in duplex format.

(4) Calculations and length.

(a) Proportionately-spaced briefs. A principal brief shall not exceed 10,000 words and a reply brief or amicus brief shall not exceed 5,000 words. This includes reply briefs which also answer a cross-appellant's principal brief.

(b) Monotype or typewritten briefs or petitions. A principal brief prepared in a monospaced typeface shall not exceed 30 pages and a reply brief or amicus brief shall not exceed 14 pages. This includes reply briefs which also answer a cross-appellant's principal brief.

(c) Petitions filed under rule 14 shall not exceed 4,000 words or 12 pages.

(d) Exclusions. The word and page limits under sections (4)(a), (b), and (c) of this rule do not include table of contents, table of citations, certificate of service, certificate of compliance, or any appendix containing statutes, rules, regulations, and other pertinent matters.

(e) Certificate of compliance. A brief must be accompanied by certification of compliance which states the document's line spacing and states either: (1) the document is proportionately spaced, together with the typeface, point size, and word count; or (2) the document uses a monospaced typeface, together with the number of characters per inch and word count, or, the number of counted pages, pursuant to section (4)(b) or (c) of this rule. A party preparing this certificate may rely on the word count of the word processing system used to prepare the brief. The certification is not included in calculating the document's length.

(5) Duplication. All requirements of duplication may be satisfied by the use of any photocopy method capable of producing a clear black image on paper, but not including ordinary carbon copy, provided that in each instance the duplication shall conform to the requirements of this rule. All papers and attachments thereto must be legible.

(6) First page and cover of briefs.

(a) The cover of the brief of the appellant shall be blue; the cover of the brief of the party filing the opening brief in a case involving a question certified to the supreme court pursuant to rule 15 shall be yellow; that of the appellee, salmon; that of an intervenor or amicus curiae, green; and that of any reply brief, gray. For recycling purposes, pastel colors shall be used for both brief covers and page separators; and stiff, waxy, or slick-surfaced covers shall not be used. The cover of the appendix, if separately printed, shall be white. Transparent or plastic covers shall not be used, and tabs shall be plain paper and not plastic-coated.

(b) There must be included on the cover page and first page of briefs the following:

(i) The title of this court;

(ii) The cause number in this court (or a blank for documents first filed);

(iii) If any, the title of the case from the tribunal in which the case originated or from which an appeal is taken, adding the designations of the parties set forth in rule 2, and the name, the venue of the tribunal, and the judge in which the case originated or from which an appeal is taken;

(iv) If the case is an original proceeding, the names of the parties, adding the designations of the parties set forth in rule 2;

(v) The names, mailing addresses, telephone, fax numbers, and email addresses (if any) of respective counsel for the parties, identifying the party counsel represents, and that same information if the party is proceeding without counsel; and

(vi) The title of the document being filed, such as "Appellant's Brief," "Petition for Supervisory Control," or "Motion to Dismiss Appeal."

(7) First page of other papers. The first page of other papers shall contain the information required by section (6)(b) i, ii, iv, and v of this rule.
Mont. Code Ann. § Rule 15 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 15
Rule 15 Office hours
Status: in_force

Rule 15 . Office hours.

(a) On judicial days, regular office hours shall be designated by the court for the transaction of business. Notice of the hours shall be posted in the court's office.

(b) The court shall establish a regular time for initial appearances and arraignments on traffic and criminal actions. Notice of the time set shall be posted in the court's office.
Mont. Code Ann. § 25-9-405 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-405
25-9-405 Assignment of periodic installments
Status: in_force

25-9-405 . Assignment of periodic installments. An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment entered under this part is enforceable only as to amounts:

(1) to secure payment of alimony, maintenance, or child support; or

(2) for the costs of products, services, or accommodations provided or to be provided by the assignee for medical or other health care.
Mont. Code Ann. § 25-4-301 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-301
25-4-301 Pleading statute of limitations
Status: in_force

25-4-301 . Pleading statute of limitations. In pleading the statute of limitations, it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section .... (giving the number of the section and subsection thereof, if it is so divided, relied upon). If such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.
Mont. Code Ann. § 25-2-201 — MT Code / Title 25 / Chapter 2 / Part 2 / Section 25-2-201
25-2-201 When change of venue required
Status: in_force

25-2-201 . When change of venue required. The court or judge shall, on motion, change the place of trial in the following cases:

(1) when the county designated in the complaint is not the proper county;

(2) when there is reason to believe that an impartial trial cannot be had in the current place of trial;

(3) when the convenience of witnesses and the ends of justice would be promoted by the change;

(4) when a party enters a pleading that challenges, as defined in 25-2-127 , a statute or session law if the statute or session law was enacted or amended within the legislative biennium, as defined in 25-2-127 ; and

(5) when a primary bill sponsor intervenes pursuant to 5-2-107 in a declaratory judgment action.
Mont. Code Ann. § 25-9-201 — MT Code / Title 25 / Chapter 9 / Part 2 / Section 25-9-201
25-9-201 Whose rights determined in judgment
Status: in_force

25-9-201 . Whose rights determined in judgment. Subject to the provisions of Rule 54(b), M.R.Civ.P., judgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants, and it may, when the justice of the case requires, determine the ultimate rights of the parties on each side as between themselves.
Mont. Code Ann. § 25-40-105 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-105
25-40-105 Proceedings pending before tribunal -- status report
Status: in_force

25-40-105 . Proceedings pending before tribunal -- status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and 25-40-107 and subsection (3) of this section, the filing operates as an application for a stay of the proceeding.

(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.

(3) A tribunal in which a proceeding is stayed under subsection (1) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

(4) A tribunal may not consider a communication made in violation of subsection (3).

(5) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
Mont. Code Ann. § Rule 21 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 21
Rule 21 Remittitur
Status: in_force

Rule 21 . Remittitur.

(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision.

(2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs that it shall issue immediately upon its decision, and must be certified by the clerk of the supreme court to the clerk of the district court.

(3) In the event that the supreme court modifies its decision in response to a petition for rehearing, remittitur shall issue immediately upon the expiration of time for filing a petition for rehearing in response to the modified decision.

(4) In the event the supreme court denies a petition for rehearing, remittitur shall issue upon denial of the petition for rehearing.
Mont. Code Ann. § 25-5-204 — MT Code / Title 25 / Chapter 5 / Part 2 / Section 25-5-204
25-5-204 Joinder of state as defendant in actions affecting title to property
Status: in_force

25-5-204 . Joinder of state as defendant in actions affecting title to property. In any action or proceeding brought in any district court of the state affecting the title to real or personal property in which the state has or claims to have an interest or claim, the state may be made a party defendant to such action or proceeding and its rights or interests adjudicated.
Mont. Code Ann. § Rule 5 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 5
Rule 5 Service and filing of pleadings and other papers, excluding summons
Status: in_force

Rule 5 . Service and filing of pleadings and other papers, excluding summons.

A. WHEN MADE.

Whenever a pleading permitted by Rule 7 is filed and served, the party served shall file and serve any further written pleading within 20 days, unless otherwise provided by law, after service unless the time period is extended pursuant to Rule 6B, M.J.R.Civ.P. The party served may file a written pleading after 20 days if no default has been entered. All original pleadings and other papers must be filed with the court. A copy must be served on all other parties or their attorneys as provided below.

B. HOW MADE.

(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service must be made upon the attorney unless service upon the party personally is ordered by the judge.

(2) Service must be made by delivering a copy to the attorney, or to the party if not represented by an attorney.

(a) Delivery of a copy to an attorney within this rule means:

(i) handing it to the attorney;

(ii) leaving it at the attorney's office with a person in charge;

(iii) if there is no one in charge, leaving it in a conspicuous place in the attorney's office; or

(iv) by mail directed to the attorney's last known address.

(b) Delivery of a copy to a party within this rule means:

(i) handing it to the party; or

(ii) by leaving it at the party's place of residence with a person of suitable age and discretion who resides there; or

(iii) by mail directed to the party's last known address.

(c) Service by mail is complete upon mailing.

C. PROOF OF SERVICE.

Proof of service must be made by an affidavit of the party or the party's attorney making service, by the certificate of the attorney making service, or by an acknowledgment in writing from the party or attorney served. The affidavit, certificate, or acknowledgment must be filed with the court.
Mont. Code Ann. § 25-35-607 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-607
25-35-607 No further pleadings
Status: in_force

25-35-607 . No further pleadings. No form of pleading other than the complaint, the order of the court/notice to defendant, and the counterclaim of the defendant, if there is one, is allowed.
Mont. Code Ann. § 25-1-401 — MT Code / Title 25 / Chapter 1 / Part 4 / Section 25-1-401
25-1-401 Deposit of money in lieu of undertaking
Status: in_force

25-1-401 . Deposit of money in lieu of undertaking. In all cases in which an undertaking or bond with sureties is required by the provisions of this code, the plaintiff or defendant may deposit with the clerk of the court, justice of the peace, or city judge, as appropriate, a sum of money equal to the amount required by the undertaking or bond, which must be taken as security in the place of the undertaking or bond. At any time, the deposit may be withdrawn by the party making it upon giving the undertaking with sufficient sureties as required by law, approved by the clerk, justice, or judge, upon notice to the adverse party or the adverse party's attorney, who may object to the sufficiency of the sureties in the same manner as though the undertaking were filed in the first instance.
Mont. Code Ann. § 25-31-101 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-101
25-31-101 Issues which cannot be presented in justice's court
Status: in_force

25-31-101 . Issues which cannot be presented in justice's court. (1) The parties to an action in a justice's court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such court; provided that, in cases of forcible entry and unlawful detainer of which justices' courts have jurisdiction, any evidence otherwise competent may be given, and any question properly involved therein may be determined.

(2) A justice's court may not hear evidence on or try any issue involving the state's liability to make a payment of money, regardless of the basis of the claim against the state.
Mont. Code Ann. § 25-2-124 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-124
25-2-124 Recovery of statutory penalty or forfeiture
Status: in_force

25-2-124 . Recovery of statutory penalty or forfeiture. The proper place of trial for the recovery of a penalty or forfeiture imposed by statute is the county where the cause or some part thereof arose, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream and opposite to the place where the offense was committed.
Mont. Code Ann. § 25-4-202 — MT Code / Title 25 / Chapter 4 / Part 2 / Section 25-4-202
25-4-202 Copy of written instrument in pleading
Status: in_force

25-4-202 . Copy of written instrument in pleading. The insertion in a pleading of a copy of a written instrument is equivalent to setting forth the instrument according to its legal effect.
Mont. Code Ann. § 25-35-806 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-806
25-35-806 Attorney fees upon appeal or removal
Status: in_force

25-35-806 . Attorney fees upon appeal or removal. (1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs.

(2) If a defendant removes a matter to justice's court under the provisions of 25-35-605 (1) but does not prevail in justice's court, the court may grant the plaintiff reasonable attorney fees, if any.
Mont. Code Ann. § 25-33-304 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-304
25-33-304 Dismissal of appeal upon delay -- costs and damages
Status: in_force

25-33-304 . Dismissal of appeal upon delay -- costs and damages. For a failure to prosecute an appeal or unnecessary delay in bringing it to a hearing, the district court may order the appeal to be dismissed, with costs; and if it appear to such court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.
Mont. Code Ann. § 25-10-401 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-401
25-10-401 Itemization of officer's fees
Status: in_force

25-10-401 . Itemization of officer's fees. No fees of any officer shall be payable until an itemized account of the same, signed by the officer, shall be presented to the person liable therefor.
Mont. Code Ann. § 25-35-701 — MT Code / Title 25 / Chapter 35 / Part 7 / Section 25-35-701
25-35-701 Proceedings to be informal
Status: in_force

25-35-701 . Proceedings to be informal. The hearing and disposition of small claims actions shall be informal.
Mont. Code Ann. § 25-35-801 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-801
25-35-801 Entry of judgment
Status: in_force

25-35-801 . Entry of judgment. Upon the conclusion of the case tried to the court, the justice shall make findings and enter judgment.
Mont. Code Ann. § 25-9-105 — MT Code / Title 25 / Chapter 9 / Part 1 / Section 25-9-105
25-9-105 Validation of defective judgments affecting realty
Status: in_force

25-9-105 . Validation of defective judgments affecting realty. Any judgment or decree of any court of this state affecting real property, provided that no action is now pending to set aside any such judgment or decree, which was, prior to January 1, 1973, copied into the proper book kept in the office of the clerk of the district court, and certified copy of which judgment or decree was, previous to July 1, 1973, recorded in the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after that date, notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission, informality, or irregularity in any of the court proceedings in the action in which such judgment or decree was entered and obtained, if time for appeal in the case has expired; and such judgment or decree shall not be deemed invalidated by reason of any such defect, omission, informality, or irregularity; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to that date. Duly certified copies of such judgment or decree or of the record thereof may be read in evidence with like effect as copies of a judgment or decree duly and regularly obtained and recorded and entered.
Mont. Code Ann. § 25-30-103 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-103
25-30-103 Summons -- time for answer
Status: in_force

25-30-103 . Summons -- time for answer. The summons in municipal court shall be signed by the clerk and shall conform to the provisions of Rules 4 and 12(a), M.R.Civ.P., except that the time for answering is 10 days.
Mont. Code Ann. § 25-7-305 — MT Code / Title 25 / Chapter 7 / Part 3 / Section 25-7-305
25-7-305 Procedure when jury prevented from giving verdict
Status: in_force

25-7-305 . Procedure when jury prevented from giving verdict. In all cases where the jury is discharged or prevented from giving a verdict by reason of accident or other cause during the progress of the trial or after the case is submitted to it, the action may be again tried immediately or at a future time, as the court may direct.
Mont. Code Ann. § 25-7-102 — MT Code / Title 25 / Chapter 7 / Part 1 / Section 25-7-102
25-7-102 Issues of law to be decided by court
Status: in_force

25-7-102 . Issues of law to be decided by court. Except as provided in Article II, section 7, of the Montana constitution, all questions of law, including the admissibility of testimony, the facts preliminary to such admission, the construction of statutes and other writings, and other rules of evidence, are to be decided by the court unless they are referred upon consent, and all discussions of law are to be addressed to the court.
Mont. Code Ann. § Rule 5 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 5
Rule 5 Time for filing notice of appeal
Status: in_force

Rule 5 . Time for filing notice of appeal.

(a) Appeals in civil cases.

(1) Notice of appeal. In civil cases notice of appeal required by Rule 4 shall be filed with the clerk of the municipal court within 30 days after the rendition of the judgment.

(2) Undertaking. An appeal is not effective until an undertaking is filed as provided by these rules.

(3) Appeal of an order of protection. An order of protection made pursuant to §§ 40-4-121 or 40-15-201 , MCA, is immediately reviewable by the district court upon filing the notice of appeal. No undertaking is required for an appeal from an order of protection.

(b) Appeal in criminal cases.

(1) Scope of appeal by state. The scope of appeal by the state is governed by § 46-20-103 , MCA.

(2) Scope of appeal by defendant. The scope of appeal by the defendant is governed by § 46-20-104 , MCA.

(3) Notice of appeal. In criminal cases an appeal from a judgment must be taken within 10 days. An appeal from an order or judgment under § 46-20-103 , MCA, must be taken within 10 days.

(4) No undertaking required in criminal cases. No undertaking for costs is required for appeals in criminal cases.
Mont. Code Ann. § 25-31-702 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-702
25-31-702 Trial to be timely
Status: in_force

25-31-702 . Trial to be timely. Unless postponed as provided in this part or transferred to another court, the trial of the action may commence at the time set by the court as specified in the notice mentioned in Rule 20, Montana Justice and City Court Rules of Civil Procedure, and after the trial has commenced, there may be no adjournment for more than 24 hours at any one time until all the issues are disposed of.
Mont. Code Ann. § 25-15-101 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-101
25-15-101 Summoning joint debtor not originally served
Status: in_force

25-15-101 . Summoning joint debtor not originally served. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Rule 4(s), M.R.Civ.P., those who were not originally served with the summons and did not appear to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons.
Mont. Code Ann. § 25-7-105 — MT Code / Title 25 / Chapter 7 / Part 1 / Section 25-7-105
25-7-105 Offer of settlement
Status: in_force

25-7-105 . Offer of settlement. (1) (a) At any time more than 60 days after service of the complaint and more than 30 days before a trial in district court begins, a party may serve upon the adverse party a written offer to settle a claim for the money or property or to the effect specified in the offer.

(b) At any time after commencement of an action and more than 10 days before a trial in a court of limited jurisdiction begins, a party may serve upon the adverse party a written offer to settle a claim for the money or property or to the effect specified in the offer.

(c) If within 10 days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the offer and notice of acceptance with the clerk of court and the court shall enter judgment. An offer not accepted is considered withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs. If the final judgment is less favorable to the offeree than the offer, the offeree shall pay the costs incurred by the offeror after the offer was made. The fact that an offer is made but not accepted does not preclude a subsequent offer.

(2) When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, either party may make a written offer of settlement. The offer has the same effect as an offer before trial, and the applicable provisions of subsection (1) apply if the offer is served within a reasonable time not less than 10 days prior to the commencement of a hearing to determine the amount or extent of liability.

(3) For the purposes of this section, costs include reasonable attorney fees.

(4) This section applies only to an action or claim for which the amount contained in a pleading is $3 million or less, exclusive of costs, interest, and service charges, and the action or claim:

(a) arises from contract or breach of contract, other than a contract of insurance, bond, surety, or warranty; or

(b) involves real property.
Mont. Code Ann. § 25-4-504 — MT Code / Title 25 / Chapter 4 / Part 5 / Section 25-4-504
25-4-504 Depositions of witnesses upon postponement
Status: in_force

25-4-504 . Depositions of witnesses upon postponement. The party obtaining a postponement of a trial in any court of record must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance be then taken by deposition before a judge or clerk of the court in which the case is pending or before such notary public as the court may indicate, which must accordingly be done, and the testimony so taken may be read on the trial with the same effect and subject to the same objections as if the witnesses were produced.
Mont. Code Ann. § Rule 9 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 9
Rule 9 Juror Questionnaire
Status: in_force

Rule 9 - Juror Questionnaire.

(a) All jurors are requested to complete a questionnaire in the form on file with the clerk in his/her general order file and which contains basic vital statistics and other pertinent information. The completed forms will only be available to the parties, the attorneys for the parties, judges and court employees. Others requesting the completed forms must file a Request for Privacy Information with the court. The jury questionnaire will be destroyed by the clerk's office within a reasonable length of time after the conclusion of the jury term.

(b) A party may request that the court approve the mailing of a supplemental questionnaire to prospective jurors by submitting a motion, with proposed supplemental questions, at least sixty days in advance of the trial date. Any other party may file a response to the proposed supplemental questions within twenty days, and the moving party may file a reply within five days. The court may approve, modify, or disapprove the proposed supplemental questions in part or in their entirety. If the court approves or modifies the supplemental questions, the requesting party or parties shall pay the costs of mailing the supplemental questionnaire, including the costs of postage, paper, and envelopes.
Mont. Code Ann. § 25-31-801 — MT Code / Title 25 / Chapter 31 / Part 8 / Section 25-31-801
25-31-801 Issue defined, types of issues
Status: in_force

25-31-801 . Issue defined, types of issues. Issues arise upon the pleadings when a fact or conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds:

(1) of law; and

(2) of fact.
Mont. Code Ann. § 25-13-302 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-302
25-13-302 Execution against principal debtor before surety
Status: in_force

25-13-302 . Execution against principal debtor before surety. Upon the rendition of any judgment, if it is shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the defendants are sureties of the principal debtor, the court may order the judgment to state that fact. Upon the issuance of an execution upon the judgment, the execution must direct the sheriff or levying officer to make the amount due on the judgment out of the goods and chattels, lands, and tenements of the principal debtor or debtors or, if sufficient amount cannot be found within the principal judgment debtor's county to satisfy the judgment, to levy and make the execution out of the property, personal or real, of the judgment debtor who was surety.
Mont. Code Ann. § 25-31-113 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-113
25-31-113 When fees payable
Status: in_force

25-31-113 . When fees payable. All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing herein contained shall restrict or prevent the bringing of suits in forma pauperis as provided by law.
Mont. Code Ann. § Rule 11 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 11
Rule 11 Filing of discovery
Status: in_force

Rule 11 . Filing of discovery.

Depositions upon oral or written examinations, interrogatories and answers thereto, requests for production of documents and responses thereto, shall not be routinely filed. When any motion is filed making reference to discovery, the party filing the motion shall submit with the motion relevant portions of unfiled documents.
Mont. Code Ann. § 25-14-203 — MT Code / Title 25 / Chapter 14 / Part 2 / Section 25-14-203
25-14-203 Oath and undertaking
Status: in_force

25-14-203 . Oath and undertaking. The receiver must take and subscribe the official oath and give an undertaking, if required by the judge.
Mont. Code Ann. § 25-9-602 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-602
25-9-602 Definitions
Status: in_force

25-9-602 . Definitions. As used in this part, the following definitions apply:

(1) "Foreign country" means a government other than:

(a) the United States;

(b) a state, district, commonwealth, territory, or insular possession of the United States; or

(c) any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the United States constitution.

(2) "Foreign-country judgment" means any judgment of a foreign country.
Mont. Code Ann. § 25-31-112 — MT Code / Title 25 / Chapter 31 / Part 1 / Section 25-31-112
25-31-112 Fees
Status: in_force

25-31-112 . Fees. The following is the schedule of fees that, except as provided in 25-35-605 , must be paid in every civil action in a justice's court:

(1) when a complaint is filed, the following fee to be paid by the plaintiff:

(a) $30 beginning July 1, 2013;

(b) $35 beginning July 1, 2014; and

(c) $40 beginning July 1, 2015;

(2) $20 when the defendant appears, to be paid by the defendant;

(3) $20 to be paid by the prevailing party when judgment is rendered. In cases in which judgment is entered by default, no charge except the fee provided in subsection (1) for the filing of the complaint may be made for any services, including issuing and return of execution.

(4) $20 for all services in an action in which judgment is rendered by confession;

(5) $20 for filing a notice of appeal and transcript on appeal, justifying and approving an undertaking on appeal, and transmitting papers to the district court with a certificate.
Mont. Code Ann. § Rule 7 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 7
Rule 7 Mandatory appellate alternative dispute resolution
Status: in_force

Rule 7 . Mandatory appellate alternative dispute resolution.

(1) Statement of purposes. The mandatory appellate alternative dispute resolution procedure is designed to achieve the following goals:

(a) Provide an alternative means to resolve certain civil appeals and to enhance public confidence in the appellate process;

(b) Help the parties avoid the additional legal expense and emotional cost of an appeal;

(c) Prioritize the use of court resources for cases that cannot be resolved between the parties;

(d) Help the parties realistically explore a settlement; and

(e) Provide a speedy and just resolution of the dispute.

(2) Appeals subject to rule. The following categories of appeals shall be subject to the provisions of this rule:

(a) Workers' compensation. All appeals from the Workers' Compensation Court.

(b) Domestic relations. Appeals in domestic relations cases, including but not limited to all dissolution issues, child custody and support issues, maintenance issues and modifications of orders entered with respect to those issues; but excluding proceedings regarding abused or neglected children, paternity disputes, adoptions, and all juvenile and contempt proceedings when the excluded matters constitute the only issues on appeal. In addition, unless each party provides written, informed consent within 15 days of the filing of the notice of appeal, the supreme court will not order appellate mediation in cases where the court has reason to suspect that one of the parties or a child of a party has been physically, sexually, or emotionally abused by the other party. An appellant or cross-appellant desiring to opt out of mandatory mediation under this provision shall certify in the notice of appeal or cross-appeal that the domestic relations case is not subject to mandatory mediation pursuant to this section of the rule.

(c) Money judgments. Appeals in actions seeking monetary damages/recovery.

(d) Appeals which the supreme court, in its discretion, designates as appropriate for mediation.

(3) Time Limitations and supplementary process.

(a) Time limitations. Upon filing a notice of appeal in the manner and time required by rules 4 and 6, the parties and the mediator shall have 75 days within which to complete the process required by this rule. However, in the event the parties are made subject to this rule only as a result of a cross-appeal, the parties shall have 75 days from the filing of the notice of cross-appeal.

(b) Supplementary process. The process required by this rule shall be supplementary to, and have no effect on, the parties' duties, obligations, and time requirements otherwise provided for in these rules; provided, however, that the parties may, by stipulation filed with the clerk of the supreme court and served on the clerk of the district court, hold the time requirements of these rules in abeyance pending completion of the process required by this rule. In the event the parties stipulate to holding time requirements of these rules in abeyance, all such time requirements shall run from the earlier of the date of the filing of the mediator's report, or the expiration of the 75-day time limit.

(4) Selection or appointment and payment of mediator - immunity.

(a) Mediators shall be selected or appointed as provided in sections (4)(b) and (d) of this rule and shall enjoy such judicial immunity as the supreme court would enjoy if performing the same functions. Upon selection or appointment, the clerk of the supreme court shall mail to the mediator a copy of the notice of selection or order of appointment of mediator, the mediator instructions, and mediator's, attorneys', and parties' mediation evaluation forms.

(b) The parties may jointly select a mediator for purposes of complying with the mediation process required by this rule within 15 days of the filing of the notice of appeal or cross-appeal which subjects the case to the requirements of this rule; in the event the parties do not jointly select a mediator, one will be assigned by the clerk of the supreme court.

(c) In the event the parties voluntarily select a mediator, the appellant shall file with the clerk of the supreme court a notice of selection of mediator, substantially complying with Form 5 in the Appendix of Forms, within the above-referenced 15-day deadline.

(d) In the event the parties do not voluntarily and timely select a mediator, the clerk of the supreme court shall appoint as a mediator for the appeal the next self-nominated attorney, in reasonably close proximity to the parties, if possible, on a list maintained by the clerk for that purpose pursuant to section (4)(e) of this rule. The order of appointment, substantially complying with Form 6 in the Appendix of Forms, shall be signed by the clerk of the supreme court and served upon the mediator and the parties to the appeal. The parties may substitute a mediator of their choice for the mediator appointed by the clerk only if, within 10 days of the clerk's appointment, they file a written stipulation signed by all parties agreeing upon a substitute mediator. The parties must also serve a copy of such stipulation upon the mediator appointed by the clerk.

(e) The clerk of the supreme court shall maintain 3 lists of resident Montana attorneys who are members in good standing of the State Bar of Montana, have been licensed as attorneys for no less than 5 years, and have indicated their desire to be appointed as mediators for purposes of this rule by completing and submitting to the clerk an original and 2 copies of the mediator background information form available from the clerk. The separate lists will reflect those attorneys desiring appointment as mediators for the workers' compensation, domestic relations, and/or money judgment appeals which are subject to this rule.

(f) The parties shall share the mediator's fee and incidental expenses equally. However, in money judgment cases where there is $5,000 or less at issue and the judgment is for $5,000 or less, any mediator appointed by the clerk of the supreme court under section (4)(d) shall serve pro bono, and the mediator's incidental expenses shall be shared equally by the parties. All pro bono appointments shall be so indicated in the order of appointment.

(g) If a party is unable to pay for mediation and if the parties are unable to secure the services of a mediator who is willing to serve without fee or at a reduced rate, the party may opt out of the mandatory alternative dispute resolution process by filing with the clerk of the supreme court an affidavit stating the party is unable to afford appellate mediation. Such an affidavit must be filed within the 15 days allowed for the parties to select a mediator under rule 7(4)(b). If the affidavit is filed after the appointment of a mediator, the affidavit will be rejected.

(5) Mediation process. The mediation process required by this rule shall comply with the procedures provided in this section.

(a) The mediation required by this rule is an informal, confidential, nonadversarial process in which an impartial third person, the mediator, assists the parties to an appeal in resolving the differences between them. The decision-making authority remains with the parties; the mediator has no authority to compel a resolution or to render a judgment on any issue. The role of the mediator is to encourage and assist the parties to reach their own mutually-acceptable resolution by facilitating communication; helping to clarify issues, interests, and the appellate perspective; fostering joint problem-solving; and exploring settlement alternatives.

(b) Upon selection or appointment to mediate an appeal as provided by this rule, the mediator shall schedule a mediation conference between the parties for the purpose of attempting to resolve the issues on appeal.

(c) The conference shall be held in person; provided, however, that if distance, time, or other considerations make an in-person conference impractical, the mediator may hold the conference online or by telephone at such time and place as the mediator may determine. The mediation shall proceed in substantial compliance with the requirements of this rule and the guidelines and format set forth in the mediator's instruction sheet.

(d) The appellant, or the cross-appellant in those cases where only the cross-appeal results in the case being subject to this rule, shall submit the required statement of position to the mediator and to the responsive party within 15 days of the date the notice of selection or order of appointment of the mediator is filed under section (4) of this rule. The responsive party shall have 7 days to submit a responsive statement of position. In the event of a cross-appeal, the appellant shall have an additional 7 days to submit its statement of position relative to the issues raised by the cross-appeal.

(e) The parties' respective submissions shall not exceed 10 pages in length, double spaced, on standard letter-sized paper; provided, however, that the parties may attach such exhibits of record and transcript excerpts as the parties may wish the mediator to consider.

(f) The parties shall serve on the mediator and each party their written statement of position substantially complying with Form 7 in the Appendix of Forms and containing, at a minimum, the following:

(i) A statement of issue(s) on appeal and the manner in which each issue was preserved;

(ii) A statement of the standard of review applicable to each issue;

(iii) The position of the party with respect to each issue, with citations to legal authority; and

(iv) In the case of the appellant and any cross-appellant, a copy of the order or judgment from which the appeal is taken.

(g) In addition to the statements of position to be served on the mediator and opposing parties, each party may submit to the mediator a separate confidential submission containing such additional information relative to its position regarding settlement as it may wish to tender in order to facilitate the mediation process required by this rule. Unless otherwise agreed, such a submission shall not exceed 5 pages. The confidential submission, if any, shall be served on the mediator contemporaneously with the service of the party's statement of position.

(h) Each party, or a representative of each party with authority to participate in settlement negotiations and affect a complete compromise of the case, shall participate in the mediation conference. If an insurance carrier, other indemnitor, or self-insurance administrator is involved, a representative with ultimate settlement authority shall participate in the mediation conference.

(6) Proceedings confidential. The mediation process shall be confidential. All proceedings held, submissions tendered, and statements made by anyone in the course of the mediation process required by this rule constitute offers to compromise and statements made in compromise negotiations pursuant to M. R. Evid. 408 and are inadmissible pursuant to the terms of that rule.

(7) Completion of mediation process.

(a) Immediately upon the conclusion of the mediation conference, the mediator shall file a mediator's report substantially complying with Form 8 in the Appendix of Forms with the clerk of the supreme court, and serve copies on the parties.

(b) If the mediator files a report, with proper notice to the parties, indicating that the matter has been settled, the court will dismiss the appeal 30 days later absent a motion to keep the cause number open.

(c) None of the forms, notices, or stipulations to be filed with the clerk of the supreme court shall contain any information relating to the parties' respective positions regarding the issues on appeal, the parties' positions regarding settlement, or any substantive matter which is the subject of the litigation; the exclusive and sole purposes of forms and notices to be filed with the clerk of the supreme court are to maintain status records and statistics, to ensure orderly compliance with the process required by this rule, and to provide a mechanism for returning the case to the ordinary appeal process where mediation has not resolved the case and resulted in a stipulation for dismissal.

(d) The parties are encouraged to continue to pursue settlement efforts in the event the mediation process required by this rule does not resolve the appeal and the case returns to the ordinary appeal process.

(8) Sanctions. Substantial noncompliance with this rule may, on motion of a party or by the supreme court sua sponte, result in the assessment of mediator fees, imposition of monetary sanctions, costs, dismissal of the appeal, or such other sanction as the supreme court deems appropriate.
Mont. Code Ann. § 25-1-104 — MT Code / Title 25 / Chapter 1 / Part 1 / Section 25-1-104
25-1-104 Failure to prosecute -- dismissal on initiative of court
Status: in_force

25-1-104 . Failure to prosecute -- dismissal on initiative of court. In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.
Mont. Code Ann. § 25-10-501 — MT Code / Title 25 / Chapter 10 / Part 5 / Section 25-10-501
25-10-501 Bill of costs
Status: in_force

25-10-501 . Bill of costs. The party in whose favor judgment is rendered and who claims the party's costs shall deliver to the clerk and serve upon the adverse party, within 5 days after the verdict or notice of the decision of the court or referee or, if the entry of the judgment on the verdict or decision is stayed, then before the entry is made, a memorandum of the items of the party's costs and necessary disbursements in the action or proceeding. The memorandum must be verified by the oath of the party, the party's attorney or agent, or the clerk of the party's attorney, stating that to the best of the person's knowledge and belief, the items are correct and that the disbursements have been necessarily incurred in the action or proceeding.
Mont. Code Ann. § 25-4-404 — MT Code / Title 25 / Chapter 4 / Part 4 / Section 25-4-404
25-4-404 Cross-claim to be asserted in answer
Status: in_force

25-4-404 . Cross-claim to be asserted in answer. When the judgment may determine the ultimate rights of two or more defendants as between themselves, a defendant who requires a determination shall demand it in the answer. The controversy between the defendants may not delay a judgment to which the plaintiff is entitled unless the court otherwise directs.
Mont. Code Ann. § 25-7-206 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-206
25-7-206 Procedure when insufficient number attend
Status: in_force

25-7-206 . Procedure when insufficient number attend. (1) If a sufficient number of jurors drawn and notified do not attend to form a jury, the judge or the jury commissioner, pursuant to an order of the court to be entered in the minutes, shall, in the presence of two witnesses, draw a sufficient number of ballots from the box to complete the jury. The sheriff shall notify the persons thus drawn to attend immediately or at a time fixed by court. If for any reason a sufficient number of jurors to try the issue is not obtained from the persons notified, the court may make or order further drawings until a sufficient number is obtained.

(2) Each person notified shall attend at the time required by the notice and, unless excused by the court or set aside, shall serve as a juror upon the trial. For a neglect or refusal to do so, the person may be fined in the same manner as any other trial juror regularly drawn and notified. The person is subject to the same exceptions and challenges as any other trial juror.
Mont. Code Ann. § 25-9-605 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-605
25-9-605 Standards for recognition of foreign-country judgment
Status: in_force

25-9-605 . Standards for recognition of foreign-country judgment. (1) Except as provided in subsections (2) and (3), a court of this state shall recognize a foreign-country judgment to which this part applies.

(2) A court of this state may not recognize a foreign-country judgment if:

(a) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(b) the foreign court did not have personal jurisdiction over the defendant; or

(c) the foreign court did not have jurisdiction over the subject matter.

(3) A court of this state need not recognize a foreign-country judgment if:

(a) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(b) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(c) the judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;

(d) the judgment conflicts with another final and conclusive judgment;

(e) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that court;

(f) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(g) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(h) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(4) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) exists.
Mont. Code Ann. § 25-2-114 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-114
25-2-114 Right of defendant to move for change of place of trial
Status: in_force

25-2-114 . Right of defendant to move for change of place of trial. If an action is brought in a county not designated as the proper place of trial, a defendant may move for a change of place of trial to a designated county.
Mont. Code Ann. § Rule 17 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 17
Rule 17 Costs
Status: in_force

Rule 17 . Costs.

Jury fees and other costs as defined in 3-15-203 , M.C.A., and Title 25, chapter 10, M.C.A., must be taxed as costs against the losing party as determined by the court, following the procedures set forth in Title 25, chapter 10.
Mont. Code Ann. § 25-13-601 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-601
25-13-601 Waiver of exemptions in unsecured note unenforceable
Status: in_force

25-13-601 . Waiver of exemptions in unsecured note unenforceable. Any waiver of statutory exemption from execution in an unsecured promissory note shall be unenforceable.
Mont. Code Ann. § Rule 17 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 17
Rule 17 Oral arguments
Status: in_force

Rule 17 . Oral arguments.

(1) Standards. Oral argument will be allowed upon order of the supreme court. All cases not designated for oral argument will be decided on the basis of the briefs and the record on appeal.

(2) Order regarding argument. The supreme court shall, by order, schedule and specify the date, time, and place for the oral argument.

(3) Time allowed for argument. The supreme court's order granting oral argument will designate the amount of time each party will be allowed at oral argument.

(4) Order and content of oral argument. The appellant or applicant is entitled to open and conclude the argument. Closing argument shall be limited to rebuttal of appellee's or respondent's argument.

(5) Cross and separate appeals. If there is a cross-appeal, rule 12(4) determines which party is the appellant and which is the appellee for purposes of oral argument. If separate appellants support the same argument, care shall be taken to avoid duplication of argument at the hearing.

(6) Use of physical exhibits at argument.

(a) Use of physical exhibits and enlargements during oral argument is distracting to the supreme court and is discouraged.

(b) Handouts are permissible provided there are sufficient copies for members of the supreme court and opposing counsel.

(c) Any physical exhibit, handout, or enlargement that attempts to supplement the briefs with additional arguments shall not be permitted. If opposing counsel objects to a physical exhibit, enlargement, or handout, counsel may make an objection on the record at an appropriate time.

(7) Arguments recorded. Oral arguments are electronically recorded. Absent a recusal, a justice not able to attend oral argument will participate in the supreme court's deliberations after listening to the electronic recording.

(8) Miscellaneous. The supreme court, sua sponte, or upon motion and good cause shown, may direct that oral argument times be extended or shortened; that the order or designation of parties arguing be modified; or that amicus curiae argue. Normally, any time granted to amicus curiae for oral argument will be subtracted from the time allotted to the party whose argument the amicus supports. Amicus curiae seeking leave to present oral argument must indicate whether such party consents to the motion.
Mont. Code Ann. § 25-13-505 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-505
25-13-505 Personal property subject to a security interest
Status: in_force

25-13-505 . Personal property subject to a security interest. Personal property subject to a security interest may be taken on execution issued at the suit of a creditor of the debtor under the security agreement; but before the property is so taken, the officer levying the writ must pay or tender to the secured party the amount of the security agreement debt and interest or must deposit the same with the county treasurer of the county in which the financing statement covering the security agreement is filed, if such statement is filed with a county clerk and recorder, or if such statement is filed with another filing officer pursuant to law, then with such other filing officer, payable to the order of the secured party.
Mont. Code Ann. § 25-10-305 — MT Code / Title 25 / Chapter 10 / Part 3 / Section 25-10-305
25-10-305 Paralegal defined -- use of title
Status: in_force

25-10-305 . Paralegal defined -- use of title. (1) As used in 25-10-304 and this section, "paralegal" means a person qualified through education, training, or work experience who is employed or retained to perform, under supervision by a licensed attorney, substantive legal work that:

(a) requires a substantial knowledge of legal concepts; and

(b) in the absence of the paralegal, would be performed by an attorney.

(2) An individual may use the title "paralegal" if the individual:

(a) has received an associate's degree in paralegal studies from an accredited institution or a baccalaureate degree in paralegal studies from an accredited college or university;

(b) has received a baccalaureate degree in any discipline from an accredited college or university and has completed not less than 18 semester credits of course work offered by a qualified paralegal studies program;

(c) has received certification by the national association of legal assistants or the national federation of paralegal associations;

(d) has received a high school diploma or its equivalent, has performed not less than 4,800 hours of substantive legal work under the supervision of a licensed attorney documented by the certification of the attorney or attorneys under whom the work was done, and has completed at least 5 hours of approved continuing legal education in the area of legal ethics and professional responsibility; or

(e) has graduated from an accredited law school and has not been disbarred or suspended from the practice of law by any jurisdiction.

(3) A person may not practice as a paralegal except under the supervision of a licensed attorney and is prohibited from engaging in the unauthorized practice of law.
Mont. Code Ann. § Rule 11 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 11
Rule 11 Substitution of parties
Status: in_force

Rule 11 . Substitution of parties.

A. SUBSTITUTION. If an original party to an action dies, becomes incompetent, transfers the party's interest, or is succeeded in office and the claim survives the absence of the original party, the justice or city court may order substitution of the proper party. The substitution is governed by Rule 10A.

B. FAILURE TO MAKE SUBSTITUTION. If substitution is not made within twenty (20) days after being ordered, the action must be dismissed without prejudice.
Mont. Code Ann. § 25-35-702 — MT Code / Title 25 / Chapter 35 / Part 7 / Section 25-35-702
25-35-702 Witnesses -- evidence -- subpoena power
Status: in_force

25-35-702 . Witnesses -- evidence -- subpoena power. The plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing in the same manner as in other cases arising in justice's court or by written evidence, and the judge may direct the production of evidence that the judge considers appropriate. The small claims court has the subpoena power granted to justices' courts in all civil cases.
Mont. Code Ann. § 25-5-103 — MT Code / Title 25 / Chapter 5 / Part 1 / Section 25-5-103
25-5-103 Suing party by fictitious name
Status: in_force

25-5-103 . Suing party by fictitious name. When the plaintiff does not know the name of the defendant, the defendant may be designated in any pleading or proceeding by any name. When the defendant's true name is discovered, the pleadings or proceedings may be amended accordingly.
Mont. Code Ann. § Rule 12 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 12
Rule 12 Exhibits
Status: in_force

Rule 12 - Exhibits.

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

(b) Exhibits may be withdrawn by the party offering them thirty days after a judgment has become final. Forty-five days after a judgment has become final, the clerk may apply to the court for an order to dispose of exhibits, and shall notify the parties of the application. Twenty-one days after mailing of the notice the court may enter its order authorizing the clerk to dispose of exhibits.
Mont. Code Ann. § 25-13-706 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-706
25-13-706 Rejection of subsequent bids after refusal to pay
Status: in_force

25-13-706 . Rejection of subsequent bids after refusal to pay. When a purchaser refuses to pay, the officer may reject any subsequent bid of that purchaser.
Mont. Code Ann. § 25-4-102 — MT Code / Title 25 / Chapter 4 / Part 1 / Section 25-4-102
25-4-102 Transfer when judge unable to hear motion or return of order
Status: in_force

25-4-102 . Transfer when judge unable to hear motion or return of order. When a notice of motion is given or an order to show cause is made returnable before a judge out of court and, at the time fixed for the motion or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by the judge's order to some other judge.
Mont. Code Ann. § 25-7-201 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-201
25-7-201 When a jury is to be selected
Status: in_force

25-7-201 . When a jury is to be selected. The procedure in this part for selecting a jury must be pursued as often as an issue is brought to trial by a jury.
Mont. Code Ann. § 25-10-101 — MT Code / Title 25 / Chapter 10 / Part 1 / Section 25-10-101
25-10-101 When costs allowed, of course, to plaintiff
Status: in_force

25-10-101 . When costs allowed, of course, to plaintiff. Costs are allowed, of course, to the plaintiff upon a judgment in the plaintiff's favor in the following cases:

(1) in an action for the recovery of real property or damages to real property;

(2) in an action to recover the possession of personal property when the value of the property exceeds $50, with the value determined by the jury, court, or referee by whom the action is tried;

(3) in an action for the recovery of money or damages, exclusive of interest, when plaintiff recovers over $50;

(4) in a special proceeding;

(5) in an action that involves the title or possession or right of possession of real estate;

(6) in an action that involves the legality of any tax, impost, assessment, toll, or municipal fine;

(7) in quo warranto proceedings;

(8) in an action to foreclose a lien or pledge, to prevent or abate a nuisance, or for an injunction; or

(9) in an action for property damage arising out of the ownership, maintenance, or use of a motor vehicle if the plaintiff is entitled to attorney fees under 25-10-303 .
Mont. Code Ann. § Rule 2 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 2
Rule 2 Commencement of action
Status: in_force

Rule 2 . Commencement of action.

(a) A civil action is begun by filing a complaint with the justice or city court. A concise written statement of the cause of action is considered a complaint. A person as defined in Rule 4(A)(1) may file individually or through an attorney. All others, as defined in Rules (4)(A) 2, 3, 4, and 5, must file through an attorney. The individual or the attorney must sign the complaint. Other requirements for the complaint are set out in Rule 7.

(b) Filing Fees.

Before a complaint will be filed and an action commenced, the plaintiff must pay the filing fee specified by statute. However, indigent parties may request a waiver of this requirement as set forth in M.C.A. 25-10-404 and, if the waiver is granted, may proceed without prepaying the filing fee.
Mont. Code Ann. § Rule 15 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 15
Rule 15 Right to jury trial
Status: in_force

Rule 15 . Right to jury trial.

A. RIGHT PRESERVED. The right of a trial by jury as declared by the constitutions of the United States and the State of Montana or as given by statute must be preserved to the parties inviolate.

B. DEMAND. At any time after the commencement of the action and not later than 5 days after the service of the last pleading directed to the issue, a party may demand a trial by jury, as allowed by law, of any issue of fact by filing in the court and serving upon the other parties a written demand for a jury trial. The demand may be stated in a pleading of the party.

C. HOW WAIVED. A jury may be waived:

(1) by consent of the parties entered in the docket;

(2) by the failure of any party to demand a jury trial under this rule;

(3) by the failure of either party to appear at the time fixed for the trial of an issue of fact.
Mont. Code Ann. § 25-4-111 — MT Code / Title 25 / Chapter 4 / Part 1 / Section 25-4-111
25-4-111 Lost papers
Status: in_force

25-4-111 . Lost papers. If an original pleading or paper be lost, the court may authorize a copy thereof to be filed and used instead of the original.
Mont. Code Ann. § 25-9-411 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-411
25-9-411 Medical malpractice noneconomic damages limitation
Status: in_force

25-9-411 . (Temporary) Medical malpractice noneconomic damages limitation. (1) (a) In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed the applicable noneconomic damage limit as provided in subsection (1)(c). All claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed the applicable noneconomic damage limit as provided in subsection (1)(c). This limitation applies whether:

(i) based on the same act or a series of acts that allegedly caused the injury, injuries, death, or deaths on which the action or actions are based; or

(ii) the act or series of acts were by one or more health care providers.

(b) If a single incident of malpractice injures multiple, unrelated patients, the limitation on awards contained in subsection (1)(a) applies to each patient and all claims deriving from injuries to that patient.

(c) The noneconomic damage limit is $300,000. The noneconomic damage limit increases as follows:

(i) $350,000, effective January 1, 2026;

(ii) $400,000, effective January 1, 2027;

(iii) $450,000, effective January 1, 2028;

(iv) $500,000, effective January 1, 2029; and

(v) effective January 1, 2030, and on January 1 of each subsequent year, the limit must be increased by 2% of the prior year's limit. The court administrator's office shall publish the adjusted limit within 14 days of January 1 of each year. Regardless of when the court administrator's office publishes the adjusted limit, the adjusted limit must go into effect on January 1 of each year.

(d) The limit on past and future noneconomic damages in subsection (1)(a) applicable to a claimant's claim is the limit, as adjusted pursuant to subsection (1)(c), that is in effect on the date the claimant first files a claim with the Montana medical legal panel. If the claim is not subject to the Montana Medical Legal Panel Act provided for in Title 27, chapter 6, the limit on past and future noneconomic damages pursuant to subsection (1)(a) that is applicable to a claimant's claim is the limit, as adjusted pursuant to subsection (1)(c), that is in effect on the date the claimant first files suit in Montana district court or any other court with jurisdiction over the case.

(2) (a) For the purposes of the limitation on awards contained in subsection (1), a claimant has the burden of proving separate injuries, each arising from a different act or series of acts. An award or combination of awards in excess of the limit applicable to the claimant's claim must be reduced to the limit applicable as provided in subsection (1), after which the court shall make other reductions that are required by law. If a combination of awards for past and future noneconomic loss is reduced in the same action, future noneconomic loss must be reduced first and, if necessary to reach the applicable limit, past noneconomic loss must then be reduced. If a combination of awards is reduced to the applicable limit, a claimant's share of the applicable limit must be the same percentage as the claimant's share of the combined awards before reduction.

(b) For each claimant, further reductions must be made in the following order:

(i) first, reductions under 27-1-702 ;

(ii) second, reductions under 27-1-703 ; and

(iii) third, setoffs and credits to which a defendant is entitled.

(3) An award of future damages for noneconomic loss may not be discounted to present value.

(4) The applicable limit provided for in subsection (1) may not be disclosed to a jury.

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

(a) "Claimant" includes but is not limited to:

(i) a person suffering bodily injury;

(ii) a person making a claim as a result of bodily injury to or the death of another;

(iii) a person making a claim on behalf of someone who suffered bodily injury or death;

(iv) the representative of the estate of a person who suffered bodily injury or death; or

(v) a person bringing a wrongful death action.

(b) "Health care provider" means a physician, physician assistant, dentist, podiatrist, optometrist, chiropractor, physical therapist, or nurse licensed under Title 37 or a health care facility licensed under Title 50, chapter 5.

(c) "Malpractice claim" means a claim based on a negligent act or omission by a health care provider in the rendering of professional services that is the proximate cause of a personal injury or wrongful death.

(d) "Noneconomic loss" means subjective, nonmonetary loss, including but not limited to:

(i) physical and mental pain or suffering;

(ii) emotional distress;

(iii) inconvenience;

(iv) subjective, nonmonetary loss arising from physical impairment or disfigurement;

(v) loss of society, companionship, and consortium, other than household services;

(vi) injury to reputation; and

(vii) humiliation.

(e) "Patient" means a person who receives services from a health care provider. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
Mont. Code Ann. § 25-1-102 — MT Code / Title 25 / Chapter 1 / Part 1 / Section 25-1-102
25-1-102 Limitations on commencing actions
Status: in_force

25-1-102 . Limitations on commencing actions. (1) Civil actions can only be commenced within the periods prescribed in Title 27, chapter 2, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute.

(2) The word "action", as used in this section, is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.
Mont. Code Ann. § 25-31-205 — MT Code / Title 25 / Chapter 31 / Part 2 / Section 25-31-205
25-31-205 Actions for forcible entry or unlawful detainer
Status: in_force

25-31-205 . Actions for forcible entry or unlawful detainer. All actions for the recovery of the possession of real property must be commenced in the county in which the real property, or any part thereof, affected by such action or actions is situated.
Mont. Code Ann. § Rule 22 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 22
Rule 22 Stay of judgment or order pending appeal
Status: in_force

Rule 22 . Stay of judgment or order pending appeal.

(1) Motion for stay in the district court.

(a) A party shall file a motion in the district court for any of the following relief:

(i) To stay a judgment or order of the district court pending appeal;

(ii) For approval of a supersedeas bond; or

(iii) For an order suspending, modifying, restoring, or granting an injunction pending appeal.

(b) If the appellant desires a stay of execution, the appellant must, unless the requirement is waived by the opposing party, obtain the district court's approval of a supersedeas bond which shall have 2 sureties or a corporate surety as may be authorized by law. The bond shall be conditioned for the satisfaction of the judgment or order in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment or order is affirmed, and to satisfy in full such modification of the judgment or order and such costs, interest, and damages as the supreme court may adjudge and award. When the judgment or order is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment or order remaining unsatisfied, costs on appeal, interest, and damages for delay, unless the district court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment or order determines the disposition of property in controversy as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the district court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(c) The district court retains the power to entertain and rule upon a motion filed pursuant to this rule despite the filing of a notice of appeal or the pendency of an appeal.

(d) The district court must promptly enter a written order on a motion filed under this rule and include in findings of fact and conclusions of law, or in a supporting rationale, the relevant facts and legal authority on which the district court's order is based. A copy of any order made after the filing of a notice of appeal must be promptly filed with the clerk of the supreme court.

(2) Motion in the supreme court.

(a) On the grant or denial of a motion for relief under section (1)(a) of this rule, a motion for relief from the district court order may be filed in the supreme court within 11 days of the date of entry of the district court order. The motion must:

(i) Demonstrate good cause for the relief requested, supported by affidavit;

(ii) Include copies of relevant documents from the record;

(iii) Include a copy of the district court's order issued pursuant to section (1)(d) of this rule; and

(iv) Not exceed 10 pages of text including the affidavit, but exclusive of the documents described in section (2)(a)(ii) and (iii) of this rule.

(b) Response or objection to motion.

(i) A response or objection to a motion filed under section (2) of this rule may be filed within 11 days of the filing of the motion.

(ii) The response or objection shall comply with section (2)(a)(i), (ii), and (iv) of this rule.

(3) In the interests of justice, the supreme court may grant, modify, or deny the relief requested under section (2) of this rule.

(4) Except in extraordinary circumstances supported by affidavit, motions under this rule which have not been filed in accordance with sections (1) and (2)(a) of this rule, and motions filed without prior notice to the opposing party, will be denied summarily.

(5) Security other than bond - stipulation of the parties.

(a) In all cases under this rule where supersedeas bond or other terms that secure the opposing party's rights are required, the court, in its discretion, may allow alternative forms of security other than a bond, when adequate equivalent security is provided and the appealing party can show that the judgment creditor's recovery is not in jeopardy.

(b) In all cases, the parties may by written stipulation waive the filing of security.

(6) Stay in a criminal case. Sections 46-20-204 and -205 govern stays in criminal cases.
Mont. Code Ann. § 25-30-105 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-105
25-30-105 Jury trial
Status: in_force

25-30-105 . Jury trial. In civil causes arising under the state law, either party shall be entitled to a jury trial, as provided in justices' courts, except that the police officer shall perform the duties thereto prescribed to the sheriff or constable.
Mont. Code Ann. § 25-7-208 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-208
25-7-208 Ballots of jurors who have been sworn
Status: in_force

25-7-208 . Ballots of jurors who have been sworn. The ballots with the names of the jurors so sworn must be then deposited in another box and there kept apart from the other ballots with the names of jurors until that jury is discharged. After the jury is discharged, the ballots with the names of the jurors thereon must be returned to the box from which they were first taken.
Mont. Code Ann. § 25-9-303 — MT Code / Title 25 / Chapter 9 / Part 3 / Section 25-9-303
25-9-303 Filing of transcript of docket of federal court -- lien -- expiration
Status: in_force

25-9-303 . Filing of transcript of docket of federal court -- lien -- expiration. (1) A transcript of the original docket of a judgment that is rendered in the circuit or district court of the United States, ninth circuit, district of Montana, and that is certified by the clerk of court may be filed with the district court clerk of any county. From the time of the filing, the judgment becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien expires. Except as provided in subsection (2), the lien continues for 10 years unless the judgment is previously satisfied.

(2) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
Mont. Code Ann. § 25-40-120 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-120
25-40-120 Uniformity of application and construction
Status: in_force

25-40-120 . Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 25-13-105 — MT Code / Title 25 / Chapter 13 / Part 1 / Section 25-13-105
25-13-105 Compelling repayment -- surety on appeal
Status: in_force

25-13-105 . Compelling repayment -- surety on appeal. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the judgment.
Mont. Code Ann. § 25-3-501 — MT Code / Title 25 / Chapter 3 / Part 5 / Section 25-3-501
25-3-501 Service of telegraphic or telephonic copy
Status: in_force

25-3-501 . Service of telegraphic or telephonic copy. (1) Any summons, writ, or order in a civil action or proceeding and all other papers requiring service may be transmitted by telegraph or telephone for service in any place. The telegraphic or telephonic copy of the writ, order, or paper transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by the officer or person, if any return is required, in the same manner and with the same effect in all respects as the original might be delivered to the officer or person. The officer or person serving or executing the writ, order, or paper has the same authority and is subject to the same liabilities as if the copy were the original.

(2) The original, when a writ or order, must also be filed in the court from which it was issued, and a certified copy of the writ or order must be preserved in the telegraph or telephone office from which it is sent. In sending the writ or order, either the original or certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph or telephone bears a seal, either private or official, it is not necessary for the operator, in sending the document, to telegraph or telephone a description of the seal or any words or device on the seal, but the seal may be expressed in the telegraphic or telephonic copy by the letters "L.S." or by the word "seal".
Mont. Code Ann. § 25-10-302 — MT Code / Title 25 / Chapter 10 / Part 3 / Section 25-10-302
25-10-302 Inclusion of attorney's fees in bill of costs
Status: in_force

25-10-302 . Inclusion of attorney's fees in bill of costs. The attorney fees mentioned in 25-10-303 , 30-9A-607 , 71-1-233 , and 71-3-124 and paralegal fees as a component of attorney fees as provided in 25-10-304 need not be included in the cost bill if they are made a part of the judgment.
Mont. Code Ann. § 25-9-404 — MT Code / Title 25 / Chapter 9 / Part 4 / Section 25-9-404
25-9-404 Payment of attorney fees
Status: in_force

25-9-404 . Payment of attorney fees. A judgment must order payment of attorney fees and litigation expenses separately from an order for periodic payments of future damages. The attorney fees and expenses must be paid either in a lump sum or by periodic payments pursuant to an agreement entered into between the claimant and the claimant's attorney. An agreement for the immediate lump-sum payment of that portion of the attorney fees incurred to recover future damages to be paid by periodic payments must be calculated on the basis of the present value of the future damages.
Mont. Code Ann. § 25-1-1107 — MT Code / Title 25 / Chapter 1 / Part 11 / Section 25-1-1107
25-1-1107 Proof of service -- requirements
Status: in_force

25-1-1107 . Proof of service -- requirements. A proof of service of process signed by a registered process server must include the process server's registration number.
Mont. Code Ann. § 25-13-702 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-702
25-13-702 Penalty for selling without notice or destruction of notice
Status: in_force

25-13-702 . Penalty for selling without notice or destruction of notice. An officer selling without the notice prescribed by 25-13-701 forfeits $500 to the aggrieved party in addition to the party's actual damages. A person willfully taking down or defacing the notice posted, if done before the sale or satisfaction of the judgment, if the judgment is satisfied before sale, forfeits $500.
Mont. Code Ann. § 25-14-312 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-312
25-14-312 Discharge upon failure of plaintiff to advance money for support of prisoner
Status: in_force

25-14-312 . Discharge upon failure of plaintiff to advance money for support of prisoner. Whenever a prisoner is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor or the creditor's agent or attorney shall advance to the jailer, on the commitment, sufficient money for the support of the prisoner for 1 week and shall make the same advance for every successive week of imprisonment, and in case of failure to do so, the jailer shall discharge the prisoner from custody, and the discharge has the same effect as if made by order of the creditor.
Mont. Code Ann. § Rule 14 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 14
Rule 14 Filing and service of briefs
Status: in_force

Rule 14 . Filing and service of briefs.

(a) Time for filing briefs. The appellant shall serve and file a brief within 15 days after the date on which the record is filed. The respondent shall serve and file an answer brief within 15 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 10 days after the brief of the respondent. The district court may extend the time for filing a brief. The request for extension must be made within the time originally prescribed or within an extension previously granted.

(b) Number of copies to be filed and served. A signed original brief and one copy shall be filed with the clerk of the district court. A copy of each brief shall be served upon all other parties to the appeal.

(c) Consequences of failure to file brief. Except for subsection (d), if an appellant fails to file a brief within the time provided by this rule, or within the time extended, the appeal shall be deemed without merit and subject the appeal to summary dismissal by the district court. Failure to file an answer brief by the respondent shall be deemed an admission that the appeal is well taken and subject to summary ruling by the district court. Reply briefs are optional and failure to file will not subject the appeal to summary ruling.

(d) Protective orders. No briefs shall be required upon filing a notice of appeal or notice of removal pursuant to §§ 40-4-124 or 40-15-302 , MCA, except upon order of the district court.
Mont. Code Ann. § 25-35-807 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-807
25-35-807 Execution of judgment
Status: in_force

25-35-807 . Execution of judgment. Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice's court judgments.
Mont. Code Ann. § 25-31-405 — MT Code / Title 25 / Chapter 31 / Part 4 / Section 25-31-405
25-31-405 Designating unknown person as defendant
Status: in_force

25-31-405 . Designating unknown person as defendant. When the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons and in any other process or proceeding in the action by a fictitious name or by as much of the defendant's name as is known, adding a description identifying the person intended. The person designated must be regarded as a defendant in the action and as sufficiently described in the action for all purposes. When the defendant's name or the remainder of the defendant's name is known or becomes known, the justice before whom the action is pending shall amend the proceedings already taken by the insertion of the true or full name in place of the fictitious name or part of a name, and all subsequent proceedings must be taken under the name inserted.
Mont. Code Ann. § 25-35-606 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-606
25-35-606 Defendant's counterclaim
Status: in_force

25-35-606 . Defendant's counterclaim. (1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff's claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). The defendant shall cause the counterclaim to be served on the plaintiff not less than 72 hours before the date set for the hearing. Service must be made in the same manner in which service of the order of court/notice to defendant is made on the defendant. A defendant may not assert as a counterclaim any claim not arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim.

(2) A counterclaim or setoff may not exceed $6,500. If a counterclaim or setoff is asserted in excess of $6,500, the jurisdiction of the small claims court over the plaintiff's claim is not defeated, but the court shall limit its determination of the counterclaim or setoff to the question of whether the plaintiff's claim is discharged, leaving the defendant to prosecute the balance of the defendant's claim in an appropriate justice or district court action.

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

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

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

Plaintiff

vs. Counterclaim

..................... Case No. .....

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

Defendant(s)

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

Comes now the defendant, being first duly sworn, and alleges that the defendant is entitled to counterclaim against the plaintiff in the plaintiff's pending action in the sum of $........., for .............................. .................................................................

which sum is now due, together with defendant's costs expended in this action.

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

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

Defendant

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

Defendant's address

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

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

Justice of the peace

By: .................

Clerk, small claims division
Mont. Code Ann. § 25-7-401 — MT Code / Title 25 / Chapter 7 / Part 4 / Section 25-7-401
25-7-401 View by jury of the premises
Status: in_force

25-7-401 . View by jury of the premises. When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation or of the place at which any material fact occurred, it may order the jurors to be conducted in a body, under the charge of an officer and one person representing each party, to the place, which shall be shown to them by the persons appointed by the court for that purpose. While the jury is thus absent, no person other than the persons so appointed shall speak to it on any subject connected with the trial, and such persons shall not speak to the jury upon any matters connected with the subject of the action but may point out to the jury the property in litigation or the place at which any material fact occurred.
Mont. Code Ann. § 25-35-608 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-608
25-35-608 Fees
Status: in_force

25-35-608 . Fees. (1) The clerk of the justice's court shall collect a fee of:

(a) $20 from the plaintiff upon the filing of the sworn complaint; and

(b) $10 from the defendant upon the defendant's appearance and contesting of the complaint or execution of a counterclaim.

(2) The laws relating to paupers' affidavits apply to actions before the small claims court.
Mont. Code Ann. § 25-2-115 — MT Code / Title 25 / Chapter 2 / Part 1 / Section 25-2-115
25-2-115 Multiple proper counties
Status: in_force

25-2-115 . Multiple proper counties. If this part designates more than one county as a proper place of trial for any action, an action brought in any such county is brought in a proper county and no motion may be granted to change the place of trial upon the ground that the action is not brought in a proper county under 25-2-201 (1). If an action is brought in a county not designated as a proper place of trial, a defendant may move for a change of place of trial to any of the designated counties.
Mont. Code Ann. § 25-9-610 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-610
25-9-610 Procedure for recognition of foreign-country judgment
Status: in_force

25-9-610 . Procedure for recognition of foreign-country judgment. (1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment.

(2) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Mont. Code Ann. § Rule 13 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 13
Rule 13 Regulation of Attorneys not Admitted to Practice in Montana
Status: in_force

Rule 13 - Regulation of Attorneys not Admitted to Practice in Montana.

An attorney seeking to be admitted to practice before the court on a particular case, who is not admitted to the Bar of Montana, and who is authorized to practice law in the highest courts of another state, must at the time of his or her first appearance in a district court in Montana, or within fourteen days, and before any further proceedings in the matter, join with an attorney who is admitted to practice in Montana and who is a resident of Montana.

In order to hold secure the just, speedy and inexpensive determination of every action, such local counsel must be furnished with all factual, evidentiary and legal information necessary to act on behalf of the party and must also be vested with full and complete authority to act on behalf of and bind the party in all matters connected with the litigation.

A failure of local counsel to take any action required by the Rules of Civil Procedure or these Rules by lack of authority shall, for the purpose of imposing sanctions, be treated as a refusal to act.
Mont. Code Ann. § 25-4-502 — MT Code / Title 25 / Chapter 4 / Part 5 / Section 25-4-502
25-4-502 No postponement when expected evidence admitted
Status: in_force

25-4-502 . No postponement when expected evidence admitted. The court may also require the moving party to state, upon affidavit, the evidence that the party expects to obtain, and if the adverse party admits that the evidence would be given and that it be considered as actually given on the trial or offered and overruled as improper, the trial may not be postponed.
Mont. Code Ann. § 25-30-109 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-109
25-30-109 Pretrial conferences or hearings -- appearance by telephone conference
Status: in_force

25-30-109 . Pretrial conferences or hearings -- appearance by telephone conference. (1) At the discretion of the court, a party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if:

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

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

(2) The party requesting the telephone conference is responsible for arranging the telephone conference and paying the associated costs.
Mont. Code Ann. § 25-9-103 — MT Code / Title 25 / Chapter 9 / Part 1 / Section 25-9-103
25-9-103 Death of party after verdict -- no lien
Status: in_force

25-9-103 . Death of party after verdict -- no lien. If a party dies after a verdict or decision upon any issue of fact and before judgment, the court may nevertheless render judgment. The judgment is not a lien on the real property of the deceased party but is payable in the course of administration on the deceased party's estate.
Mont. Code Ann. § 25-40-106 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-106
25-40-106 Emergency order
Status: in_force

25-40-106 . Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party.
Mont. Code Ann. § 25-35-802 — MT Code / Title 25 / Chapter 35 / Part 8 / Section 25-35-802
25-35-802 Costs
Status: in_force

25-35-802 . Costs. The prevailing party in an action before the small claims court is entitled to the party's costs.
Mont. Code Ann. § 25-35-602 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-602
25-35-602 Form of complaint and order of court/notice to defendant
Status: in_force

25-35-602 . Form of complaint and order of court/notice to defendant. The sworn complaint and order of the court must be made in substantially the following form:

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

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

Plaintiff

vs. Complaint

..................... Case No. .....

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

Defendant(s)

Comes now the plaintiff, being first duly sworn, upon oath, and complains and alleges that the defendant is indebted to plaintiff in the sum of $......, for ............... which sum is now due, owing, and unpaid despite demands for the payment of the sum, together with plaintiff's costs expended in this action.

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

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

Plaintiff

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

Plaintiff's address

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

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

Justice of the peace

By: ........

Clerk, small claims division

ORDER OF COURT/ NOTICE TO DEFENDANT

THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT(S):

You are directed to appear and answer the complaint at:

.................... .................... on ..... at ....... Reset for ..... at ....... Reset for ..... at ....... Reset for ..... at .......

and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim. You are further notified that in case you do not appear, judgment will be taken against you by default for the relief demanded in the complaint and for costs of this action, including costs of service of the complaint and order of the court/notice to defendant.

You are further notified that within 10 days of service upon you of this complaint and order you may remove this action from the small claims court to justice's court and that your failure to remove constitutes a waiver of your rights to trial by jury and to representation by counsel.

To the Sheriff, Constable, or Server of Process of the county, greetings:

Make legal service and return on the defendant at .....

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

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

Justice of the peace

By: .......

Clerk, small claims division
Mont. Code Ann. § 25-12-103 — MT Code / Title 25 / Chapter 12 / Part 1 / Section 25-12-103
25-12-103 Appeal bonds in civil actions
Status: in_force

25-12-103 . Appeal bonds in civil actions. (1) Except as provided in subsection (2), in order to ensure that financial considerations do not adversely impact the right of appeal, in civil litigation under any legal theory, the supersedeas bond to be furnished in order to stay the execution of the judgment during the entire course of appellate review, including review by the United States supreme court, may not exceed $50 million, regardless of the amount of the judgment.

(2) If an appellee proves by a preponderance of the evidence that an appellant is dissipating assets or is likely to dissipate assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the amount of the judgment.
Mont. Code Ann. § 25-31-710 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-710
25-31-710 Pretrial conferences or hearings -- appearance by telephone conference
Status: in_force

25-31-710 . Pretrial conferences or hearings -- appearance by telephone conference. (1) A party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if:

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

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

(c) at least 10 days before the pretrial conference or other hearing, the party or the party's attorney intending to appear by telephone conference provides written notice to the court and to all parties or the attorneys for the parties.

(2) The party requesting the telephone conference is responsible for arranging the telephone conference and paying the associated costs.
Mont. Code Ann. § 25-14-103 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-103
25-14-103 Debtors of judgment debtor and those holding debtor's property to answer
Status: in_force

25-14-103 . Debtors of judgment debtor and those holding debtor's property to answer. After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment or upon proof, by affidavit or otherwise, to the satisfaction of the judge that any person or corporation has property of the judgment debtor or is indebted to the judgment debtor in an amount exceeding $50, the judge may, by an order, require the person or corporation or any officer or member of the corporation to appear at a specified time and place before the judge or a referee appointed by the judge and answer concerning the debt.
Mont. Code Ann. § 25-9-202 — MT Code / Title 25 / Chapter 9 / Part 2 / Section 25-9-202
25-9-202 Designation in judgment of principal debtors and sureties
Status: in_force

25-9-202 . Designation in judgment of principal debtors and sureties. Upon the rendition of any judgment, if it shall be shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the said defendants are sureties of such principal debtor, the court may order the judgment so to state.
Mont. Code Ann. § 25-9-606 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-606
25-9-606 Personal jurisdiction
Status: in_force

25-9-606 . Personal jurisdiction. (1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

(a) the defendant was served with process personally in the foreign country;

(b) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

(c) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(d) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country;

(e) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or

(f) the defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action or claim for relief arising out of that operation.

(2) The list of bases for personal jurisdiction in subsection (1) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (1) as sufficient to support a foreign-country judgment.
Mont. Code Ann. § Rule 1 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 1
Rule 1 Scope of rules
Status: in_force

Rule 1 . Scope of rules.

These rules govern the procedure in the justice or city courts of the state of Montana in all suits of a civil nature except in small claims actions and where otherwise provided by law. These rules must be construed and administered to secure the just, speedy, and inexpensive determination of every action. Parties should also consult the Montana Uniform Rules for the Justice and City Courts, and all statutory provisions relating to procedure in Montana's justice and city courts, including but not limited to Title 25, chapter 31 of the Montana Code Annotated.
Mont. Code Ann. § 25-4-302 — MT Code / Title 25 / Chapter 4 / Part 3 / Section 25-4-302
25-4-302 Pleading an account
Status: in_force

25-4-302 . Pleading an account. It is not necessary for a party to set forth in a pleading the items of an account alleged in the pleading, but the party shall deliver to the adverse party, within 5 days or additional time that the court may allow or may be agreed to by the parties, after a demand in writing, a copy of the account or be precluded from giving evidence of the account. The court or judge may order a further account when the one delivered is too general or is defective in any particular.
Mont. Code Ann. § 25-7-103 — MT Code / Title 25 / Chapter 7 / Part 1 / Section 25-7-103
25-7-103 When issues of fact to be decided by jury
Status: in_force

25-7-103 . When issues of fact to be decided by jury. All questions of fact, where the trial is by jury, other than those mentioned in 25-7-102 are to be decided by the jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this code.
Mont. Code Ann. § 25-3-602 — MT Code / Title 25 / Chapter 3 / Part 6 / Section 25-3-602
25-3-602 Operation of vehicle considered consent to service on secretary of state
Status: in_force

25-3-602 . Operation of vehicle considered consent to service on secretary of state. The acceptance by a nonresident of the rights and privileges conferred by the laws of this state to use the highways, roads, and streets of the state and its political subdivisions, as evidenced by the nonresident operating a motor vehicle on the highways, roads, and streets, is considered equivalent to and construed to be an appointment by the nonresident of the secretary of state of the state of Montana to be the nonresident's true and lawful attorney upon whom may be served all lawful summonses and processes against the nonresident growing out of any accident, collision, or liability in which the nonresident may be involved while operating a motor vehicle upon the highways, roads, and streets. The acceptance or operation is a signification of the nonresident's agreement that any summons or process against the nonresident that is served on the secretary of state is of the same legal force and validity as if served on the nonresident personally within the state of Montana.
Mont. Code Ann. § 25-31-601 — MT Code / Title 25 / Chapter 31 / Part 6 / Section 25-31-601
25-31-601 Who may act as attorney
Status: in_force

25-31-601 . Who may act as attorney. (1) Parties in justice's court may appear and act in person or by attorney.

(2) Any person, except the constable by whom the summons or jury process was served, may act as attorney for a party.

(3) Except as provided in 35-8-301 , a member with a majority interest in a limited liability company as defined in 35-8-102 may act as attorney for the limited liability company.
Mont. Code Ann. § 25-13-503 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-503
25-13-503 Property claimed by third persons
Status: in_force

25-13-503 . Property claimed by third persons. If personal property levied upon be claimed by a third person, the same proceedings shall be had as provided in attachment in 27-18-602 .
Mont. Code Ann. § Rule 2 — MT Code / Title 25 / Chapter 30A / Part 2100 / Section Rule 2
Rule 2 District court review on appeal
Status: in_force

Rule 2 . District court review on appeal.

(a) Review limited to record. Appeal from a municipal court judgment is confined to the record and questions of law.

(b) Record on appeal. The record on appeal to the district court consists of an electronic recording or stenographic transcription of a cause tried, together with all papers filed in the cause.
Mont. Code Ann. § 25-9-609 — MT Code / Title 25 / Chapter 9 / Part 6 / Section 25-9-609
25-9-609 Uniformity of interpretation
Status: in_force

25-9-609 . Uniformity of interpretation. This part must be construed to effectuate the general purpose to make uniform the law of those states that enact it.
Mont. Code Ann. § 25-13-805 — MT Code / Title 25 / Chapter 13 / Part 8 / Section 25-13-805
25-13-805 Redemption by debtor from spouse
Status: in_force

25-13-805 . Redemption by debtor from spouse. If the spouse of a judgment debtor redeem, the judgment debtor, within 1 year after the date of sale, may redeem by paying the spouse or the spouse's successors in interest or the sheriff for the benefit of the spouse or the successors in interest of the spouse the amount paid to effect the redemption, with interest thereon at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of such payment, together with any taxes or assessments that may have been paid by the spouse or the successors in interest of the spouse, with like interest thereon.
Mont. Code Ann. § 25-3-203 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-203
25-3-203 Prepayment of cost of service
Status: in_force

25-3-203 . Prepayment of cost of service. An officer or registered process server receiving papers for service may not be required to serve papers for service unless the person on whose behalf the service is made or that person's agent or attorney first pays the cost of the service upon a demand by the officer or registered process server.
Mont. Code Ann. § 25-35-605 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-605
25-35-605 Removal to justice's court -- effect of failure to remove
Status: in_force

25-35-605 . Removal to justice's court -- effect of failure to remove. (1) Any action commenced in small claims court may be removed to justice's court by a defendant upon the filing of a notice of removal with the justice within 10 days of the service of the complaint and order. From the time of filing of the notice of removal, the court to which the action is removed has and exercises the same jurisdiction over it as though the action had been originally commenced in justice's court.

(2) Upon the filing of a notice of removal, the court shall give notice of that fact to all other parties to the action. All rules and statutes governing proceedings originally commenced in justice's court, except rules of pleading but including rules and statutes governing appeals from justice's court, are applicable to proceedings removed to justice's court, except that a plaintiff is not required to replead unless the court so orders, and a fee may not be required of a plaintiff for the filing of a complaint if a fee for filing was paid in small claims court.

(3) Failure to request removal within the time provided in subsection (1) constitutes a waiver by the defendant of the right to a trial by jury and representation by an attorney, and the justice shall inform the defendant of that fact prior to commencement of the hearing.
Mont. Code Ann. § Rule 22 — MT Code / Title 25 / Chapter 30A / Part 2400 / Section Rule 22
Rule 22 Title
Status: in_force

Rule 22 . Title.

These rules shall be known as the Uniform Municipal Court Rules of Appeal to District Court and may be cited as U.M.C.R.App.
Mont. Code Ann. § Rule 11 — MT Code / Title 25 / Chapter 19 / Part 1 / Section Rule 11
Rule 11 Judgments and Decrees
Status: in_force

Rule 11 - Judgments and Decrees.

Whenever a judgment or decree is signed by the presiding judge it shall be delivered to the clerk and immediately filed in the records of the court and the fee required by law shall be paid to the clerk. Failure of parties to observe this Rule shall be deemed a contempt of court.
Mont. Code Ann. § 25-30-104 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-104
25-30-104 Reply to counterclaim or new matter
Status: in_force

25-30-104 . Reply to counterclaim or new matter. Whenever the answer contains a counterclaim or any new matter, the plaintiff shall within 5 days after the service and filing of the answer reply to the counterclaim or new matter in the manner and form provided for in Rules 7(a), 8(d)(2) and (d)(3), and 10(b), M.R.Civ.P.
Mont. Code Ann. § 25-10-703 — MT Code / Title 25 / Chapter 10 / Part 7 / Section 25-10-703
25-10-703 Payment of costs by county
Status: in_force

25-10-703 . Payment of costs by county. When a county is a party and costs are awarded against it, they must be paid out of the county treasury.
Mont. Code Ann. § 25-10-405 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-405
25-10-405 Governmental entities not required to prepay fees -- exceptions
Status: in_force

25-10-405 . Governmental entities not required to prepay fees -- exceptions. The state, a county, a municipality, or any subdivision thereof or any officer when prosecuting or defending an action on behalf of the state, a county, a municipality, or a subdivision thereof is not required to pay or deposit any fee or amount to or with any officer during the prosecution or defense of an action, except the fee under 25-1-201 (1)(p) for filing a motion for substitution of a judge, the fee under 25-1-201 (1)(r) for filing a pleading by facsimile or e-mail, and all fees for photocopies, postage and handling, certifications, authentications, and record searches.
Mont. Code Ann. § 25-40-114 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-114
25-40-114 Coercive or violent relationship
Status: in_force

25-40-114 . Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.

(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.

(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:

(a) the party or the prospective party requests beginning or continuing a process; and

(b) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
Mont. Code Ann. § 25-40-111 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-111
25-40-111 Disclosure of information
Status: in_force

25-40-111 . Disclosure of information. Except as provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
Mont. Code Ann. § 25-3-206 — MT Code / Title 25 / Chapter 3 / Part 2 / Section 25-3-206
25-3-206 Execution by elisor
Status: in_force

25-3-206 . Execution by elisor. (1) Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court or a judge, and denominated an elisor in the following cases:

(a) The sheriff and coroner are both parties.

(b) Either of these officers is a party, and the process is against the other.

(c) Either of these officers is a party, and there is a vacancy in the office of the other.

(d) It appears by affidavit to the satisfaction of the court in which the proceeding is pending or the judge that both of these officers are disqualified or, by reason of any bias, prejudice, or other cause, would not act promptly or impartially.

(2) When process is delivered to an elisor, the elisor shall execute and return the process in the same manner that the sheriff is required to execute similar process. The court or judge may at any time on the court's or judge's own motion appoint an elisor.
Mont. Code Ann. § 25-9-702 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-702
25-9-702 Definitions
Status: in_force

25-9-702 . Definitions. In this part, the following definitions apply:

(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.

(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.

(3) "Conversion date" means the banking day preceding the date on which money, in accordance with this part, is:

(a) paid to a claimant in an action or distribution proceeding;

(b) paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or

(c) used to recoup, setoff, or counterclaim in different money in an action or distribution proceeding.

(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims are asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.

(5) "Foreign money" means money other than money of the United States of America.

(6) "Foreign-money claim" means a claim upon an obligation to pay or a claim for recovery of a loss, expressed in or measured by a foreign money.

(7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.

(8) "Money of the claim" means the money determined as proper pursuant to 25-9-705 .

(9) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(10) "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.

(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.

(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
Mont. Code Ann. § 25-15-106 — MT Code / Title 25 / Chapter 15 / Part 1 / Section 25-15-106
25-15-106 Trial of issues -- limit on verdict
Status: in_force

25-15-106 . Trial of issues -- limit on verdict. The issues formed may be tried as in other cases. However, when the defendant denies in the answer any liability on the obligation upon which the judgment was rendered, if a verdict is found against the defendant, the judgment may not be in excess of the amount remaining unsatisfied on the original judgment, with interest on that amount.
Mont. Code Ann. § 25-10-203 — MT Code / Title 25 / Chapter 10 / Part 2 / Section 25-10-203
25-10-203 Costs of postponement
Status: in_force

25-10-203 . Costs of postponement. When an application is made to the court or referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same.
Mont. Code Ann. § 25-10-304 — MT Code / Title 25 / Chapter 10 / Part 3 / Section 25-10-304
25-10-304 Paralegal fees as component of attorney fees
Status: in_force

25-10-304 . Paralegal fees as component of attorney fees. In any case or proceeding in which attorney fees are awarded to the prevailing party, the court may, as a component of the attorney fees, include reasonable fees of a paralegal, as defined in 25-10-305 .
Mont. Code Ann. § 25-40-116 — MT Code / Title 25 / Chapter 40 / Part 1 / Section 25-40-116
25-40-116 Privilege against disclosure for collaborative law communication -- admissibility -- discovery
Status: in_force

25-40-116 . Privilege against disclosure for collaborative law communication -- admissibility -- discovery. (1) Subject to 25-40-117 and 25-40-118 , a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.

(2) In a proceeding, the following privileges apply:

(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
Mont. Code Ann. § 25-10-303 — MT Code / Title 25 / Chapter 10 / Part 3 / Section 25-10-303
25-10-303 Attorney fees -- motor vehicle claim
Status: in_force

25-10-303 . Attorney fees -- motor vehicle claim. In an action involving solely the recovery of property damages arising out of the ownership, maintenance, or use of a motor vehicle, in which the plaintiff secures a judgment equal to or greater than the amount of damages claimed by the plaintiff in the plaintiff's last written offer to the defendant or the defendant's agent prior to the filing of the cause of action, the court shall allow plaintiff's reasonable attorney fees, which must be fixed by the court, notwithstanding any agreement between the parties to the contrary. If the defendant or the defendant's agent fails to make any offer within 15 days of the date requested to do so by the plaintiff, the plaintiff may file the cause of action and, if successful in the action, is entitled to reasonable attorney fees under this section.
Mont. Code Ann. § Rule 11 — MT Code / Title 25 / Chapter 30A / Part 2300 / Section Rule 11
Rule 11 Application and manner of proceeding
Status: in_force

Rule 11 . Application and manner of proceeding.

(a) Application to municipal court. A party in a civil case who desires to proceed on appeal in forma pauperis shall file in the municipal court a motion for leave so to proceed together with an affidavit showing, in the detail prescribed by Form 2 of the Appendix of Forms, the party's inability to pay the fees and costs of the appeal or to give security therefor, the party's belief that the party is entitled to redress, and a statement of the issues the party intends to present on appeal. If the motion is granted, the party may proceed on appeal without further application to the district court and without payment of fees or costs or the giving of security therefor. If the motion is denied, the municipal court shall state the reasons for the denial.

(b) Application to the district court. If the motion for leave to proceed on appeal in forma pauperis is denied by the municipal court, a motion for leave so to proceed may be filed in the district court within 10 days after entry of the order of denial. The motion shall be accompanied by a copy of the affidavit filed in the municipal court and of the statement of reasons for denial given by the municipal court.
Mont. Code Ann. § 25-3-504 — MT Code / Title 25 / Chapter 3 / Part 5 / Section 25-3-504
25-3-504 Designating unknown persons as defendants
Status: in_force

25-3-504 . Designating unknown persons as defendants. (1) In the situations listed in Rule 4(o)(1), M.R.Civ.P., persons whose names are unknown to plaintiff may be made parties defendant, either on the filing of the complaint, cross-complaint, or complaint in intervention, as the case may be, or at any time thereafter by amendment thereof, by the name and description of unknown owners, unknown heirs, or unknown devisees of any deceased person or by all of such designations.

(2) (a) When persons are made parties defendant by the designation of unknown owners, it shall not be necessary to add to such designation in the title of the action a description of the property involved, whether real, personal, or mixed, of which such persons are claimed or supposed to be unknown owners or claimants or parties in interest, but a description of the property involved shall be included in the body of the summons for publication in the action.

(b) When persons are made defendant by the style and description of unknown heirs or devisees, there shall be added to such designation of them the name of the deceased person of whom they shall be claimed or supposed to be the heirs or devisees.
Mont. Code Ann. § 25-9-710 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-710
25-9-710 Prejudgment and judgment interest
Status: in_force

25-9-710 . Prejudgment and judgment interest. (1) Except as provided in subsection (2), recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, with respect to a foreign-money claim, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.

(2) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment or governing conduct by a party or its attorney causing undue delay or expense.

(3) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
Mont. Code Ann. § 25-9-709 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-709
25-9-709 Conversions of foreign money in distribution proceeding
Status: in_force

25-9-709 . Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
Mont. Code Ann. § 25-14-304 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-304
25-14-304 Hearing on application
Status: in_force

25-14-304 . Hearing on application. At the time and place specified in the notice described in 25-14-302 , the person must be taken before the judge, who shall examine the person under oath concerning the person's estate, property, and effects, the disposal of the estate, property, and effects, and the person's ability to pay the judgment for which the person is committed. The judge may also hear any other legal or pertinent evidence that may be produced by the debtor or the creditor.
Mont. Code Ann. § 25-35-503 — MT Code / Title 25 / Chapter 35 / Part 5 / Section 25-35-503
25-35-503 Removal from district court
Status: in_force

25-35-503 . Removal from district court. A district court judge may require any action filed in district court to be removed to the small claims court if the amount in controversy does not exceed $7,000. The small claims court shall hear any action so removed from the district court.
Mont. Code Ann. § Rule 14 — MT Code / Title 25 / Chapter 23 / Part 1 / Section Rule 14
Rule 14 Pretrial conferences
Status: in_force

Rule 14 . Pretrial conferences.

A. OBJECTIVES. In any action, the court may, in its discretion, direct the parties' attorneys or the parties to appear before it for one or more conferences before trial for the following purposes:

(1) expediting the disposition of the action;

(2) establishing early and continuing control so that the case will not be delayed because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial with more thorough preparation; and

(5) facilitating the settlement of the case. All pretrial scheduling shall be the duty of the judge.

B. SUBJECTS TO BE DISCUSSED AT PRE-TRIAL CONFERENCES. The participants at any conference under this rule may consider and take action with respect to:

(1) the formulation and simplification of the issues, including the elimination of frivolous claims or defenses;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding the authentication of documents, and advance rulings from the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and of cumulative evidence;

(5) the identification of witnesses and documents, the need and schedule for filing and exchanging pretrial briefs, and the date or dates for further conferences and for trial;

(6) the possibility of settlement;

(7) the form and substance of the pretrial order;

(8) the disposition of pending motions;

(9) the time for submission of proposed findings of fact and conclusions of law in a non-jury action, or proposed instructions to the jury and form of verdict in a jury action, and such other matters as may aid in the disposition of the action.

Each party or an attorney for each party participating in any conference before trial must have authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed. After any conference held pursuant to this rule, an order must be entered reciting the action taken. This order shall control the subsequent course of the action unless modified by a subsequent order.

C. SANCTIONS. If a party or a party's attorney fails to obey a pretrial order, if no appearance is made on behalf of a party at the pretrial conference, if a party or a party's attorney is substantially unprepared to participate in the conference, or if a party or a party's attorney fails to participate in good faith, the judge, upon the judge's own motion, may make orders as are just and may deal with the offending party pursuant to Title 3, chapter 10, part 4. In lieu of or in addition to any other sanction, the judge may require the party or the party's attorney, or both, to pay the reasonable expenses, including attorney fees, incurred because of any noncompliance with this rule unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.
Mont. Code Ann. § Rule 4 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 4
Rule 4 Docket and index
Status: in_force

Rule 4 . Docket and index.

(a) The court shall assign each citation and complaint a docket or case number. All docket or case numbers shall be in numerical order.

(b) The court shall maintain an alphabetical index to the docket as provided under Section 3-10-503 , MCA.
Mont. Code Ann. § 25-13-609 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-609
25-13-609 Personal property exempt subject to value limitations
Status: in_force

25-13-609 . Personal property exempt subject to value limitations. A judgment debtor is entitled to exemption from execution of the following:

(1) the judgment debtor's interest, not to exceed $7,000 in aggregate value, to the extent of a value not exceeding $1,250 in any item of property, in household furnishings and goods, appliances, jewelry, wearing apparel, books, firearms and other sporting goods, animals, feed, crops, and musical instruments;

(2) the judgment debtor's interest, not to exceed $4,000 in value, in one motor vehicle; and

(3) the judgment debtor's interest, not to exceed $4,500 in aggregate value, in any implements, professional books, and tools, of the trade of the judgment debtor or a dependent of the judgment debtor.
Mont. Code Ann. § 25-30-101 — MT Code / Title 25 / Chapter 30 / Part 1 / Section 25-30-101
25-30-101 Applicability of district court and justice's court rules
Status: in_force

25-30-101 . Applicability of district court and justice's court rules. (1) The provisions of 3-10-222 , 3-10-231 through 3-10-234 , and 3-10-704 through 3-10-706 ; 25-31-102 (2), 25-31-115 , 25-31-402 , 25-31-405 , parts 7 through 11 of chapter 31 of this title (except 25-31-1002 ), and chapter 33 of this title; and chapter 9, part 10 of chapter 16, chapter 17, and part 15 of chapter 18 of Title 27 are applicable to municipal courts except when they are inconsistent with the provisions of this chapter and chapter 6 of Title 3, the words "municipal court" being substituted for justice's court and "judge" for justice of the peace.

(2) Except as otherwise provided by this chapter, chapter 6 of Title 3, and the supreme court's rules on disqualification of judges, the proceedings and practice in municipal court must be the same as in district court.
Mont. Code Ann. § 25-13-610 — MT Code / Title 25 / Chapter 13 / Part 6 / Section 25-13-610
25-13-610 Tracing exempt personal property
Status: in_force

25-13-610 . Tracing exempt personal property. (1) If money or other property exempt under 25-13-608 and 25-13-609 has been sold or has been lost, damaged, or destroyed and the judgment debtor has been indemnified for the property, the debtor is entitled for 6 months to an exemption of proceeds that are traceable, such as in a bank or savings account.

(2) Earnings exempt under 25-13-614 remain exempt for 45 days after receipt by and while in the possession of the judgment debtor in a form into which the exempt earnings are traceable.

(3) Proceeds are traceable under this section by application of the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor.
Mont. Code Ann. § Rule 30 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 30
Rule 30 Judicial waiver appeals
Status: in_force

Rule 30 . Judicial waiver appeals.

(1) Scope. This rule applies to an appeal from an order denying or dismissing a petition filed by a minor under age 16 to waive parental consent to an abortion, pursuant to Title 50, Chapter 20. In such appeals, this rule supersedes the other appellate rules to the extent they may be inconsistent with this rule.

(2) Notice of appeal.

(a) A minor may appeal an order denying or dismissing a petition to waive parental consent by filing a notice of appeal with the clerk of the supreme court. The notice of appeal may be filed in person, by mail, or by fax. If a transcript or written order is available, it should be attached to the notice of appeal, but such notice shall not be defective if it does not include such transcript or order.

(b) If a notice of appeal is incorrectly filed in a youth or district court, the clerk thereof shall immediately notify the clerk of the supreme court of such filing, and shall transmit a copy of the notice of appeal by fax or e-mail for filing with the supreme court.

(c) The notice of appeal must indicate that the appeal is being filed pursuant to this rule, but the court will apply this rule to cases within its scope whether they are so identified or not.

(d) Blank notice of appeal forms and copies of these rules will be available at all court locations and will be mailed, emailed, or faxed to a minor upon request.

(e) No filing fees or fee for any service may be required of a minor who files an appeal under this provision.

(3) Record on appeal; standard of review. A youth court that conducts proceedings for judicial waiver of consent shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence, findings, and conclusions be maintained. The record on appeal consists of the confidential record of the youth court, including all papers and exhibits filed in the youth court, the written findings and conclusions of the youth court, and, if available, a recording or transcript of the proceedings before the youth court. If the appellant has counsel, counsel shall serve the clerk of the youth court with a copy of the notice of appeal, request the record from the clerk of the youth court, and arrange for expedited preparation of the transcript immediately upon filing the notice of appeal. If the appellant does not have counsel, the clerk of the supreme court shall request the record immediately upon receiving notice that a self-represented minor has filed a notice of appeal, and the clerk of the youth court shall arrange for expedited preparation of any transcript directly with the court reporter. Upon receiving a request for the record from counsel for the appellant or from the clerk of the supreme court, the clerk of the youth court shall forthwith transmit the record to the supreme court by fax, e-mail, overnight mail or in another manner that will cause it to arrive within 48 hours, including weekends and holidays, after the youth court's receipt of the request for the record.

(4) Brief. A brief is not required. However, the minor may file a memorandum in support of the appeal within 48 hours, including weekends and holidays, after filing the notice of appeal.

(5) Disposition. The supreme court may designate a panel of five or more of its members to consider the appeal. The supreme court shall review the decision of the youth court de novo. The supreme court shall enter an order stating its decision within 72 hours, not including weekends and holidays, after the record referred to in (3) is filed. The supreme court shall issue an opinion explaining the decision as soon as practicable following entry of the order.

(6) Confidentiality.

(a) Documents, proceedings, and audio or video recordings in an appeal under this rule are sealed. All persons are strictly prohibited from notifying the minor's parents, guardian, or custodian that the minor is pregnant or wants to have an abortion, and from disclosing this information to any person. The court shall not release the name of, or any other identifying information concerning, a minor who files a judicial waiver appeal.

(b) All statistical and general information that the court system may have concerning judicial waiver appeals is confidential, except the number of appeals filed, granted, and denied statewide each year is public information.

(7) Attorney. If the minor is not represented by an attorney, the clerk of the supreme court shall appoint the office of the state public defender to represent the minor in the appeal. If counsel was assigned to represent the minor in the youth court, the appointment continues through the appeal. All counsel shall immediately be served with copies of the Court's order by fax or e-mail. In the event a minor waives the right to have counsel appointed on appeal, then notice of the court's order will be served upon her at the address or location she has provided to the clerk of the supreme court. The minor or her counsel shall be provided a certified copy of the order upon request.

(8) Filing defined. For purposes of this rule only, an appeal is deemed filed at the time and on the date it is received by the clerk of the supreme court.

(9) Special rule for interpreting time requirements. If the end of a time limit set out in this rule falls upon a weekend or holiday, then the time limit is extended to noon on the next business day.
Mont. Code Ann. § Rule 7 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 7
Rule 7 Stay of judgment pending appeal
Status: in_force

Rule 7 . Stay of judgment pending appeal.

(a) Stay in civil cases.

(1) Stay of judgment or order. Except when an undertaking is required under Rule 6(a), upon filing a notice of appeal from a judgment or order the appellant may apply to the municipal court on notice or ex parte for a stay of the execution of the judgment or order. The municipal court in its discretion may grant said stay for such period of time and under such conditions as the court deems proper, including restraining the party from disposing of, encumbering, or concealing the party's property. The municipal court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to insure payment of costs on appeal in a civil case. The provisions of Rule 8 apply to a surety upon a bond given pursuant to this rule.

(2) Stay when undertaking filed. On the filing of the undertaking required under Rule 6, the municipal court must stay the execution of the judgment or order.

(3) Stay of execution when undertaking filed. If an execution be issued, on the filing of the undertaking, the municipal court judge must direct the execution officer to stay all proceedings on the same. Such execution officer must, upon the payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees on the execution are not paid, the execution officer may retain so much of the property or proceeds thereof as may be necessary to pay the same.

(4) Sale of perishable property. If the judgment or order appealed from directs the sale of perishable property, the municipal court may order the property to be sold and the proceeds thereof to be deposited, to abide the judgment of the district court.

(b) Stay in criminal cases.

(1) Stay of imprisonment. If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment shall be stayed by the municipal court.

(2) Stay of fine and costs. If an appeal is taken, a sentence to pay a fine, or a fine and costs, shall be stayed by the municipal court.

(3) Application to the district court. On application, the district court in the interest of justice may suspend, modify, restore, or grant any order made under this rule.

(4) Effect of appeal by the state. An appeal taken by the state in no case stays or affects the operation of the judgment or order in favor of the defendant until judgment or order is reversed by the district court.

(c) Stay of protective orders. An appeal from a protective order does not stay or affect the protective order. On application, the district court may stay a protective order. The district court may require certain conditions be met to protect the alleged victim before issuing a stay of the protective order.
Mont. Code Ann. § 25-10-404 — MT Code / Title 25 / Chapter 10 / Part 4 / Section 25-10-404
25-10-404 Poor persons not required to prepay fees -- definition
Status: in_force

25-10-404 . Poor persons not required to prepay fees -- definition. (1) Except as provided in subsections (3) and (6), a person may request a waiver of fees by filing an affidavit, supported by a financial statement, stating that the person has a good cause of action or defense and is unable to pay the costs or procure security to secure the cause of action or defense. Except as provided in subsections (2) and (6), upon issuance of an order of the court or administrative tribunal approving a request for waiver of fees, the person may commence and prosecute or defend an action in any of the courts and administrative tribunals of this state and the officers of the courts and administrative tribunals shall issue and serve all writs and perform all services in the action without demanding or receiving their fees in advance, except the fees under 25-1-201 (1)(d) and (1)(r).

(2) If a judge or presiding officer of an administrative tribunal is not available to approve a request for a waiver of fees prior to filing a pleading, the pleading must be filed subject to subsequent approval. If the request is subsequently denied, the fees must be paid before the case may proceed further.

(3) A person represented by an entity that provides free legal services to indigent persons is not required to file the financial statement required by subsection (1).

(4) The department of justice shall, by rule, prescribe the form of the financial statement required by subsection (1) for use in determining indigence. The form may require the disclosure of income and assets, including but not limited to the ownership of real and personal property, cash, and savings.

(5) A prisoner in the legal custody of the department of corrections who files a complaint or appeals a judgment in a civil action or proceeding without prepaying the required fees or security shall, in addition to filing the affidavit required in subsection (1), submit a certified copy of the prisoner's trust fund account statement, obtained from the facility in which the prisoner is confined, for the 6-month period immediately preceding any filing.

(6) If an indigent prisoner in the legal custody of the department of corrections files a civil complaint or an appeal from a civil judgment, the prisoner shall pay the total cost of the filing fee. If a prisoner is unable to pay the total filing fee, the court shall order the prisoner to make partial payments of any fees required by law when funds exist. The court shall consider the indigence policy of the department when determining whether funds exist.

(7) A prisoner may not be prohibited from filing a civil complaint or appealing a civil judgment or criminal conviction because of lack of assets or money to pay the initial partial filing fee. The court shall dismiss an action if the prisoner fails to pay either the partial or full amount of the filing fee as ordered by the court.

(8) As used in this section, "prisoner" means a person who is convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, or a diversionary program and who is subject to incarceration, detention, or admission to any facility.
Mont. Code Ann. § 25-13-901 — MT Code / Title 25 / Chapter 13 / Part 9 / Section 25-13-901
25-13-901 Terminated
Status: in_force

25-13-901 . Terminated. Sec. 6, Ch. 472, L. 1987.
Mont. Code Ann. § 25-3-105 — MT Code / Title 25 / Chapter 3 / Part 1 / Section 25-3-105
25-3-105 Person serving process -- penalty for obstruction -- exception
Status: in_force

25-3-105 . Person serving process -- penalty for obstruction -- exception. (1) A process server registered under Title 37, chapter 60, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person's employment while serving process is a public servant for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302 .

(2) A person who obstructs a person serving process is guilty of obstruction of a public servant and is punishable as provided in 45-7-302 .

(3) An unregistered person who serves 10 or fewer services of process in a calendar year, as provided in 25-1-1101 (1), is not acting as a public servant.
Mont. Code Ann. § 25-13-504 — MT Code / Title 25 / Chapter 13 / Part 5 / Section 25-13-504
25-13-504 Garnishment of public officers
Status: in_force

25-13-504 . Garnishment of public officers. The provisions of 27-18-406 , relating to the garnishment of public officers, apply to the levy of an execution.
Mont. Code Ann. § 25-7-703 — MT Code / Title 25 / Chapter 7 / Part 7 / Section 25-7-703
25-7-703 Procedure upon objection
Status: in_force

25-7-703 . Procedure upon objection. The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections.
Mont. Code Ann. § 25-14-106 — MT Code / Title 25 / Chapter 14 / Part 1 / Section 25-14-106
25-14-106 Immunity of witnesses to criminal proceedings
Status: in_force

25-14-106 . Immunity of witnesses to criminal proceedings. A party or witness examined in proceedings authorized by parts 1 and 2 of this chapter is not excused from answering a question on the ground that the party's or witness's examination will tend to convict the party or witness of the commission of a fraud or to prove that the party or witness has been a party or privy to or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose or that the party or witness or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt that was due to the judgment debtor or to a person in the judgment debtor's behalf. However, an answer cannot be used as evidence against the person answering in a criminal action or criminal proceeding.
Mont. Code Ann. § 25-31-706 — MT Code / Title 25 / Chapter 31 / Part 7 / Section 25-31-706
25-31-706 No postponement when expected evidence admitted
Status: in_force

25-31-706 . No postponement when expected evidence admitted. The court may require the party making the application to state, upon affidavit, the evidence that the party expects to obtain, and if the adverse party admits that the evidence would be given and that it is considered as actually given at the trial or offered and overruled as improper, the trial may not be postponed.
Mont. Code Ann. § Rule 4 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 4
Rule 4 How and when to take an appeal or cross-appeal
Status: in_force

Rule 4 . How and when to take an appeal or cross-appeal.

(1) Judgments defined.

(a) Final judgment. A final judgment conclusively determines the rights of the parties and settles all claims in controversy in an action or proceeding, including any necessary determination of the amount of costs and attorney fees awarded or sanction imposed.

(b) Interlocutory judgment. An interlocutory judgment is an order or decree that determines a preliminary or subordinate question or issue and which enables the court to render a final judgment but does not finally decide the cause.

(2) How commenced.

(a) An appeal is taken by timely filing a notice of appeal in accordance with rule 10(1) of these rules in the office of the clerk of the supreme court substantially complying with Form 1 in the Appendix of Forms, along with payment of the filing fee prescribed by statute or the affidavit to proceed without advance payment of fees prescribed in the Appendix of Forms as Form 3. A copy of the notice of appeal shall be contemporaneously served for filing in the office of the clerk of the district court and served on all parties.

(b) A cross-appeal is taken by timely filing a notice of cross-appeal in accordance with rule 10(1) of these rules in the office of the clerk of the supreme court substantially complying with Form 2 in the Appendix of Forms, along with the filing fee prescribed by statute or the affidavit to proceed without advance payment of fees prescribed in the Appendix of Forms as Form 3. A copy of the notice of cross-appeal shall be contemporaneously served for filing in the office of the clerk of the district court and served on all parties.

(c) Except where the supreme court grants an out-of-time appeal under section (6) of this rule, the timely filing of a notice of appeal or cross-appeal is required in order to invoke the appellate jurisdiction of the supreme court.

(d) A notice of appeal or cross-appeal shall not be filed by the clerk of the supreme court unless accompanied by the filing fee prescribed by statute or the affidavit to proceed without advance payment of fees prescribed in the Appendix of Forms as Form 3. If the notice of appeal or notice of cross-appeal is filed by facsimile in accordance with rule 10(1)(b) of these rules, either the filing fee or the affidavit to proceed without advance payment of fees must be paid (or filed) and actually received by the clerk of the supreme court within 5 business days of the facsimile filing; otherwise the filing shall be treated as void.

(3) Joint or consolidated appeals.

(a) If 2 or more parties are entitled to appeal from a judgment or order of the district court and their interests are such as to make joinder practicable, they may file a joint notice of appeal or cross-appeal, or may join an appeal or cross-appeal after filing separate notices.

(b) Appeals or cross-appeals may be consolidated by order of the supreme court upon its own motion or upon motion of a party or parties.

(4) Content of notice of appeal or cross-appeal.

(a) The notice of appeal or cross-appeal shall specify the party or parties taking the appeal or cross-appeal, and shall designate the final judgment or order or part thereof from which the appeal is taken. An appeal from a judgment draws into question all previous orders and rulings excepted or objected to which led up to and resulted in the judgment.

(b) If an appeal is taken after certification by the district court under M. R. Civ. P. 54(b), the notice of appeal shall state that fact, and a copy of the certification order shall be attached to the notice. Upon the filing of such a notice, the clerk of the supreme court shall immediately forward copies thereof to the supreme court. The appeal shall not proceed further until the supreme court has reviewed the certification order, determined that the certification complies with M. R. Civ. P. 54(b) and rule 6(6), and entered an order allowing the appeal to proceed.

(c) The attorney for the appellant or cross-appellant, or the party, if not represented by an attorney, shall certify that the appeal or cross-appeal is or is not subject to the mediation process required by rule 7.

(d) The attorney for the appellant or cross-appellant, or the party, if not represented by an attorney, shall certify that a copy of the notice of appeal or cross-appeal was served by mailing a copy thereof to the clerk of the district court and to counsel of record and every party not represented by counsel.

(e) In the event the appellant or cross-appellant fails to comply with sections (4)(a) through (d) of this rule, the clerk of the supreme court shall issue a written notice, substantially complying with Form 4 in the Appendix of Forms, directing the appellant or cross-appellant to file an amended notice of appeal or cross-appeal within 11 days. A notice issued by the clerk of the supreme court pursuant to this section shall not affect the original filing date of the notice of appeal or cross-appeal.

(f) An appeal or cross-appeal shall not be dismissed for informality of form or title so long as the information required in section (4) of this rule is contained in the notice of appeal or cross-appeal. In the discretion of the supreme court, an appeal may be dismissed for failure of the appellant or cross-appellant to comply with section (4)(e) of this rule.

(5) Time for filing notice of appeal or cross-appeal.

(a) Appeals in civil cases.

(i) In civil cases, including proceedings regarding abused or neglected children under Title 41, Chapter 3, the notice of appeal shall be filed with the clerk of the supreme court within 30 days from the date of entry of the judgment or order from which the appeal is taken. In all other cases in which the United States of America or the State of Montana, or any political subdivision thereof, or any officer or agency thereof is a party, the notice of appeal shall be filed within 60 days from the entry of the judgment or order from which appeal is taken. If notice of entry of judgment or order is required to be served under M. R. Civ. P. 77(d), the 30 days or 60 days, as the case may be, shall not begin to run until service of the notice of entry of judgment or order.

(ii) A notice of appeal filed after the announcement of a decision or order, but before either entry of the written judgment or order from which the appeal is taken or service of the notice of entry of judgment, shall be treated as filed on the day of such entry. The district court is not deprived of jurisdiction to enter the written judgment or order by the premature filing of a notice of appeal.

(iii) A notice of appeal filed prior to the district court's ruling on any necessary determination of the amount of costs and attorney fees awarded, or sanctions imposed, may be dismissed sua sponte and shall be dismissed upon the motion of any party. The district court is not deprived of jurisdiction to enter its order on a timely motion for attorney fees, costs, or sanctions by the premature filing of a notice of appeal, in accordance with Rule 58(e), M. R. Civ. P.

(iv) If a timely notice of appeal is filed by a party, any other party may file a notice of cross-appeal within 15 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by section (5)(a) of this rule, whichever last expires.

(v) If a timely motion pursuant to the Montana Rules of Civil Procedure is filed in the district court by any party:

(A) Under rule 50(b) for judgment;

(B) Under rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if granted;

(C) Under rule 59 to alter or amend judgment;

(D) Under rule 59 for a new trial; or

(E) Under rule 60(b) for relief from a judgment or order, the time for appeal for all parties shall run from the entry of the order granting or denying any such motion or, if applicable, from the time such motion is deemed denied at the expiration of the 60-day period established by M. R. Civ. P. 59(f). No notice of entry of judgment or order is required when any of the foregoing motions are granted, denied, or deemed denied. A notice of appeal filed before the disposition of any of the above motions, whether by entry of an order or by deemed denial, shall be treated as filed on the date of such entry or deemed denial. The district court is not deprived of jurisdiction to enter its order on any such motion by the premature filing of a notice of appeal.

(b) Appeals in criminal cases.

(i) An appeal from a judgment entered pursuant to section 46-18-116 must be taken within 60 days after entry of the judgment from which appeal is taken. A notice of appeal filed after the oral pronouncement of a decision or sentence but before entry of the written judgment or sentence is treated as filed on the date of the written entry. The district court is not deprived of jurisdiction to enter the written judgment or order by the premature filing of a notice of appeal.

(ii) After filing a notice of appeal, retained criminal defense counsel will remain as counsel of record on appeal until and unless counsel either obtains and files with the clerk of the supreme court the client's written consent to counsel's withdrawal, or obtains a supreme court order allowing counsel to withdraw.

(iii) An appeal from a judgment or order made appealable by section 46-20-103 must be taken within 20 days of the entry of the written judgment or order from which appeal is taken.

(6) Out-of-time appeal. In the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice, the supreme court may grant an out-of-time appeal. An out-of-time appeal must be requested by verified petition supported by affidavits, records, and other evidence establishing the existence of the extraordinary circumstances claimed. Extraordinary circumstances do not include mere mistake, inadvertence, or excusable neglect.
Mont. Code Ann. § 25-31-402 — MT Code / Title 25 / Chapter 31 / Part 4 / Section 25-31-402
25-31-402 Security for costs
Status: in_force

25-31-402 . Security for costs. A justice may, in all cases, require a deposit of money or an undertaking as security for costs of court before issuing a summons.
Mont. Code Ann. § 25-10-701 — MT Code / Title 25 / Chapter 10 / Part 7 / Section 25-10-701
25-10-701 Public officers not to be personally taxed
Status: in_force

25-10-701 . Public officers not to be personally taxed. No officer prosecuting or defending as provided in 25-10-405 shall be taxed with costs or damages, but such costs or damages, if any, shall be taxed to the state, county, or municipality, as the case may be.
Mont. Code Ann. § 25-5-104 — MT Code / Title 25 / Chapter 5 / Part 1 / Section 25-5-104
25-5-104 Action against business association
Status: in_force

25-5-104 . Action against business association. When two or more persons associated in any business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the same manner as if all had been named defendants and had been sued upon their joint liability.
Mont. Code Ann. § 25-33-104 — MT Code / Title 25 / Chapter 33 / Part 1 / Section 25-33-104
25-33-104 Papers to be transmitted
Status: in_force

25-33-104 . Papers to be transmitted. Upon the filing of the notice of appeal and the undertaking when required by 25-33-201 , 25-33-203 , and 25-33-205 , the justice or judge shall, within 10 days, upon the payment of the fees for filing, transmit to the clerk of the district court a certified copy of the docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal, and the undertaking. The justice or judge may be compelled by the district court, by an order entered upon motion, to transmit the papers and may be fined for neglect or refusal to transmit the papers. A certified copy of the order may be served on the justice or judge by the party or the party's attorney.
Mont. Code Ann. § 25-13-405 — MT Code / Title 25 / Chapter 13 / Part 4 / Section 25-13-405
25-13-405 Clerk to record returned execution when levy on real property
Status: in_force

25-13-405 . Clerk to record returned execution when levy on real property. If any real estate is levied upon, the clerk shall record the execution and the return of the execution at large and certify the execution and return as true copies in a book to be called the "execution book", which must be indexed, with the names of the plaintiffs and defendants in execution alphabetically arranged, and kept open at all times during office hours for the inspection of the public, without charge. It is evidence of the contents of the originals whenever they or any part of the originals may be destroyed or mutilated.
Mont. Code Ann. § 25-13-709 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-709
25-13-709 Conveyance of personal property not capable of manual delivery
Status: in_force

25-13-709 . Conveyance of personal property not capable of manual delivery. When the purchaser of any personal property not capable of manual delivery pays the purchase price, the officer making the sale shall execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the property on the day the execution or attachment was levied.
Mont. Code Ann. § 25-13-308 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-308
25-13-308 Execution against person of judgment debtor
Status: in_force

25-13-308 . Execution against person of judgment debtor. If the writ is against the person of the judgment debtor, it must require the sheriff to arrest the debtor and commit the debtor to the jail of the county until the debtor pays the judgment, with interest, or is discharged, according to law.
Mont. Code Ann. § 25-9-703 — MT Code / Title 25 / Chapter 9 / Part 7 / Section 25-9-703
25-9-703 Scope
Status: in_force

25-9-703 . Scope. (1) This part applies only to a foreign-money claim in an action or distribution proceeding.

(2) This part applies to foreign-money issues even if other law under the conflict-of-laws rules of this state applies to other issues in the action or distribution proceeding.
Mont. Code Ann. § Rule 24 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 24
Rule 24 Sureties
Status: in_force

Rule 24 . Sureties.

(1) Surety's justification. A party may file an objection to the sufficiency of any bond or undertaking within 30 days after the filing of such bond or undertaking. The party filing the bond or undertaking, or the surety or sureties used by the party to file the bond or undertaking, shall file a response with the district court within 20 days after the service of notice of any objection. The failure of the party filing the bond or undertaking, or its surety or sureties, to file a response to the objection, shall dissolve any stay preventing the execution of the judgment or order from which the party filed the appeal.

(2) Enforcement of surety's liability. The provisions of sections 25-1-402 , 25-13-105 , 33-26-101 , 33-26-102 , and 72-31-101 apply to cases on appeal that require an undertaking or supersedeas bond with a surety.

(3) Proceedings against a surety. If a party gives security in the form of a bond or stipulation or other undertaking with 1 or more sureties, each surety submits to the jurisdiction of the district court and the supreme court and irrevocably appoints the district court's clerk as the surety's agent on whom any papers affecting the surety's liability on the bond or undertaking may be served. On motion, a surety's liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that the district court or the supreme court prescribes may be served on the clerk of the district court, who promptly must mail a copy to each surety whose address is known.
Mont. Code Ann. § 25-1-1112 — MT Code / Title 25 / Chapter 1 / Part 11 / Section 25-1-1112
25-1-1112 Action on bond
Status: in_force

25-1-1112 . Action on bond. (1) Any person who recovers damages for an injury caused by a service of process, made by a registered process server, that did not comply with the law governing service of process in this state may recover the amount of damages from the bond required under 25-1-1111 .

(2) If there has been recovery against a registered process server's bond, the registered process server shall file a new bond within 30 days or reinstate the bond. If the bond has not been reinstated or filed within 30 days, the department of labor and industry shall revoke the process server's registration within a timeframe established by rule.
Mont. Code Ann. § 25-13-401 — MT Code / Title 25 / Chapter 13 / Part 4 / Section 25-13-401
25-13-401 To whom execution issued
Status: in_force

25-13-401 . To whom execution issued. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff or levying officer of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff or levying officer of the county where the property or some part thereof is situated. Executions may be issued at the same time to different counties.
Mont. Code Ann. § 25-12-102 — MT Code / Title 25 / Chapter 12 / Part 1 / Section 25-12-102
25-12-102 Cases in which appeal may be taken
Status: in_force

25-12-102 . Cases in which appeal may be taken. A party aggrieved may appeal in the cases prescribed in the Rules of Appellate Procedure.
Mont. Code Ann. § Rule 16 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 16
Rule 16 Motions
Status: in_force

Rule 16 . Motions.

(1) Form and content. Unless another form is prescribed by these rules, an application for an order or other relief shall be made by filing a motion in writing for such order or relief with the clerk of the supreme court. The motion shall state with particularity the grounds therefor and shall set forth the order or relief sought. Counsel shall also note therein that opposing counsel has been contacted concerning the motion and whether opposing counsel objects to the motion. Failure to include this statement may result in denial of the motion. If a motion is supported by affidavits or other papers, whether required by these rules or otherwise, or submitted in a party's discretion, they shall be served and filed with the motion. At the time of filing a procedural motion, counsel shall present a proposed order, together with sufficient copies for service upon all parties, as well as stamped envelopes addressed to all parties. The supreme court may authorize disposition of motions for procedural orders by a single justice.

(2) Response. Any party may file a response in opposition within 11 days after service of the motion, or within such time as the supreme court may direct.

(3) Limitations and other requirements. The motion, including supporting argument and authority, shall be submitted in a single document limited to 1,250 words or less if proportionately spaced or 5 pages of text if prepared in monospaced typeface or if typewritten. The motion shall set forth a succinct statement of the issue or problem, a brief argument including a list of supporting authority and a parenthetical statement of the holding or rule of any case cited, and a succinct statement of the relief sought. The response shall comply with the format and word or page limitations of this section. No reply shall be filed.

(4) Motions to voluntarily dismiss. Except for an Anders motion pursuant to section 46-8-103 (2), a party's motion to voluntarily dismiss that party's cause, appeal, or cross-appeal must be signed by both the moving party and that party's counsel.

(5) Motions to dismiss by stipulation. A cause, appeal, or cross-appeal may be dismissed by the supreme court upon stipulation signed by counsel of record and parties not represented by counsel.
Mont. Code Ann. § Rule 6 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 6
Rule 6 Application of these rules
Status: in_force

Rule 6 . Application of these rules.

(1) What a court may review upon appeal from a judgment. A party may appeal from a final judgment in an action or special proceeding and from those final orders specified in sections (2), (3), and (4) of this rule. Upon appeal from a final judgment entered in an action or special proceeding in a district court, this court may review the judgment, as well as all previous orders and rulings excepted or objected to which led to and resulted in the judgment.

(2) Orders appealable in criminal cases. In criminal cases, the parties are directed to the provisions of sections 46-20-103 and -104.

(3) Orders appealable in civil cases. In civil cases, an aggrieved party may appeal from the following, provided that the order is the court's final decision on the referenced matter:

(a) From an order made after final judgment, including an order vacating or refusing to vacate a default judgment, and an order granting or denying a motion for new trial or to alter or amend a judgment;

(b) From a "deemed denied" motion that was made pursuant to M. R. Civ. P. 50(b), 52(b), 59, or 60(b);

(c) From an order denying a motion to dismiss for lack of subject matter jurisdiction;

(d) From an order permitting or refusing to permit an action to be maintained as a class action, or an order finally and definitively rejecting a proposed class action settlement;

(e) From an order granting or dissolving, or refusing to grant or dissolve, an injunction or an attachment;

(f) From an order granting or denying a motion to change venue on the basis that the county designated in the complaint is not the proper county;

(g) From an order appointing or refusing to appoint a receiver, or giving directions with respect to a receivership, or refusing to vacate an order appointing or affecting a receiver;

(h) From an order directing the delivery, transfer, or surrender of property;

(i) From an order in a partition action directing or refusing to direct a partition to be made;

(j) From a contempt judgment or order in a family law proceeding when, and only when, the judgment or order appealed from includes an ancillary order entered as a result of the contemptuous conduct which affects the substantial rights of the parties involved; and

(k) From an order granting or denying a motion for substitution of judge.

(4) Orders appealable in estate, guardianship, and probate matters. In estate, guardianship, and probate matters, the following orders are considered final and must be appealed immediately, and failure to do so will result in waiver of the right to appeal:

(a) An order granting or refusing to grant, or revoking or refusing to revoke, letters testamentary or of administration or guardianship;

(b) An order admitting or refusing to admit a will to probate, in favor of or against the validity of a will, or revoking or refusing to revoke the probate thereof;

(c) An order setting apart or refusing to set apart property or an order making or refusing to make an allowance for a surviving spouse or child;

(d) An order directing or refusing to direct the partition, sale, or conveyance of real property;

(e) An order refusing, allowing, or directing the distribution of any estate or part thereof, or the payment of a debt, claim, legacy, or distributive share;

(f) An order settling an account of an executor, administrator, or guardian; and

(g) An order confirming or refusing to confirm a report of an appraiser setting apart a homestead.

(5) Orders and judgments that are not appealable. Although not exhaustive, the following judgments and orders are among those that are not appealable:

(a) In cases involving multiple parties or multiple claims for relief, an order or judgment which adjudicates fewer than all claims as to all parties, and which leaves matters in the litigation undetermined; subject, however, to the provisions of section (6) of this rule;

(b) Orders denying motions for summary judgment or motions to dismiss, or granting partial summary judgment;

(c) In proceedings regarding abused or neglected children, orders granting temporary investigative authority and/or protective services, and orders of temporary custody;

(d) Judgments or orders made in cases of civil or criminal contempt, except as provided in section (3)(j) of this rule and section 3-1-523 ;

(e) Orders granting or denying sanctions; and

(f) Interlocutory judgments, except as provided in sections (3)(j) and (6) of this rule.

(6) Certification of a judgment as final for purposes of appeal. Notwithstanding the provisions of section (5)(a) of this rule, a district court may direct the entry of final judgment as to an otherwise interlocutory order or judgment, only upon an express determination that there is no just reason for delay, pursuant to M. R. Civ. P. 54(b). In so doing, the district court must balance the competing factors present in the case to determine if it is in the interest of sound judicial administration and public policy to certify the judgment as final, and the court shall, in accordance with existing case law, articulate in its certification order the factors upon which it relied in granting certification, to facilitate prompt and effective review. A certification order failing to meet these requirements shall be subject to summary dismissal pursuant to rule 4(4)(b).
Mont. Code Ann. § 25-13-205 — MT Code / Title 25 / Chapter 13 / Part 2 / Section 25-13-205
25-13-205 Judgments against county or county officer
Status: in_force

25-13-205 . Judgments 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 officer's name of office, when the judgment is to be paid by the county, 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 issued, upon the delivery of a proper voucher for payment.
Mont. Code Ann. § 25-10-711 — MT Code / Title 25 / Chapter 10 / Part 7 / Section 25-10-711
25-10-711 Award of costs against government entity when suit or defense is frivolous or pursued in bad faith -- legislative branch conduct not considered -- award of costs related to legislative veto override poll
Status: in_force

25-10-711 . Award of costs against government entity when suit or defense is frivolous or pursued in bad faith -- legislative branch conduct not considered -- award of costs related to legislative veto override poll. (1) Except as provided in subsection (2), in any civil action brought by or against the state, a political subdivision, or an agency of the state or a political subdivision, the opposing party, whether plaintiff or defendant, is entitled to the costs enumerated in 25-10-201 and reasonable attorney fees as determined by the court if:

(a) the opposing party prevails against the state, political subdivision, or agency; and

(b) the court finds that the claim or defense of the state, political subdivision, or agency that brought or defended the action was frivolous or pursued in bad faith.

(2) The conduct of the legislative branch in passing legislation may not be considered in a bad faith analysis. This subsection applies to any award of costs or attorney fees against a government entity regardless of whether the defense is frivolous or pursued in bad faith.

(3) In an action in which a party seeks a writ of mandamus to compel a legislative veto override poll and the result of the poll does not override the veto, the opposing party is not considered to have prevailed. This subsection applies to an award of costs against a government entity even if a court finds that the defense was frivolous or pursued in bad faith.

(4) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law to the contrary. The award of costs must be reasonable and considered under 25-10-712 .
Mont. Code Ann. § Rule 10 — MT Code / Title 25 / Chapter 30A / Part 2200 / Section Rule 10
Rule 10 Transmission of the record
Status: in_force

Rule 10 . Transmission of the record.

(a) Time for transmission--civil cases. The record on appeal shall be transmitted to the clerk of the district court within 10 days after the filing of the notice of appeal or within an extension by order entered under subdivision (g) of this rule. The appellant shall comply with Rule 9(b) and take any other action necessary to enable the clerk of the municipal court to assemble and transmit the record.

(b) Time for transmission--criminal cases. The record on appeal shall be transmitted to the clerk of the district court within 30 days after the filing of the notice of appeal or within an extension by order entered under subdivision (g) of this rule. The appellant shall comply with Rule 9(b) and take any other action necessary to enable the clerk of the municipal court to assemble and transmit the record.

(c) Duty of municipal court to transmit the record. When the record is complete for purposes of appeal, the clerk of the municipal court shall transmit it to the clerk of the district court. The clerk of the municipal court shall forward the electronic recording of the case to the district court, together with all papers and exhibits filed, certified to be accurate and complete. When the record is received and filed with the clerk of the district court, the clerk of the district court shall notify the parties in writing.

(d) Electronic recording. The electronic recording will not be transcribed for transmission to the district court, except as provided by subdivision (f).

(e) Stenographic record. A stenographic record is not required. A stenographic record will not be transcribed if the proceedings have been electronically recorded. If no electronic recording of the proceedings was made and it was stenographically recorded, the clerk of the municipal court shall transmit the transcript of the case to the district court. The appellant shall order from the reporter a transcript of the proceedings for transmission to the district court. The reporter shall certify the correctness of the transcript. Copies of the transcript shall be sent to all the parties. The appellant shall be liable for the costs of the transcript.

If the transcript is not filed with the clerk of the municipal court within the time for transmission to the district court, or within an extension previously granted, the clerk of the municipal court shall forward to the district court the record of the case without the transcript.

(f) Duty of appellant. It is the duty of the appellant to perfect the appeal. The appellant may have parts or all of the electronic recording transcribed for transmission to the district court. The appellant shall be liable for the costs of the transcript. It is the duty of the appellant to present the district court with a record sufficient to enable it to rule upon the issues of law raised. Failure to present the district court with a sufficient record on appeal may result in dismissal of the appeal.

(g) Extension of time. The municipal court may extend the time for transmitting the record. The municipal court shall not extend the time to a day more than 30 days past the time for transmission of the record under this rule.

(h) Transmission effected. Transmission of the record is effected when the clerk of the municipal court mails or otherwise forwards the record to the district court. The clerk of the municipal court shall indicate, by endorsement on the record or otherwise, the date the record is transmitted to the district court.

(i) District court fees--civil cases. In a civil case appealed to the district court, the appellant within 5 days of the transmission of the record shall pay to the clerk of the district court the district court fee required under § 25-1-201 , MCA. Upon the failure of the appellant to pay the district court fee the district court may order dismissal of the appeal, except for appeals in forma pauperis under Rule 11.
Mont. Code Ann. § 25-7-209 — MT Code / Title 25 / Chapter 7 / Part 2 / Section 25-7-209
25-7-209 Ballots of jurors not sworn
Status: in_force

25-7-209 . Ballots of jurors not sworn. The ballot with the name of a juror who is absent when the juror's name is drawn or called or is set aside or excused from serving on that trial must be again returned to the box containing the undrawn ballots as soon as the jury is sworn.
Mont. Code Ann. § 25-14-309 — MT Code / Title 25 / Chapter 14 / Part 3 / Section 25-14-309
25-14-309 Effect of discharge
Status: in_force

25-14-309 . Effect of discharge. The prisoner, after being discharged, is forever exempt from arrest or imprisonment for the same debt unless the prisoner is convicted of having willfully sworn falsely upon examination before the judge or in taking the oath prescribed in 25-14-306 .
Mont. Code Ann. § 25-4-503 — MT Code / Title 25 / Chapter 4 / Part 5 / Section 25-4-503
25-4-503 Postponement on other grounds
Status: in_force

25-4-503 . Postponement on other grounds. Upon good cause shown and in furtherance of justice, the court may, in its discretion, postpone a trial or proceeding upon other grounds than the absence of evidence under such conditions as the court may direct.
Mont. Code Ann. § 25-13-701 — MT Code / Title 25 / Chapter 13 / Part 7 / Section 25-13-701
25-13-701 Notice of sale on execution
Status: in_force

25-13-701 . Notice of sale on execution. (1) Before the sale of the property on execution, notice must be given as follows:

(a) in case of perishable property, by posting written notice of the time and place of the sale in three public places in the county where the sale is to take place for a time that is reasonable considering the character and condition of the property;

(b) in case of other personal property, by posting a similar notice in three public places in the county where the sale is to take place for not less than 5 days or more than 10 days and by publishing a copy of the notice at least 1 week before the sale in a newspaper of general circulation published in the county if there is one;

(c) in case of real property, by posting a similar notice, particularly describing the property, for 20 days in three public places in the county where the property is situated and also where the property is to be sold, which may be either at the courthouse or on the premises, and publishing a copy of the notice once a week for the same period in some newspaper published in the county if there is one. The notice must be substantially as follows:

SHERIFF'S SALE

............, Plaintiff,

vs.

............, Defendant,

To be sold at sheriff's sale on the .... day of ...., 20..., at .............. (Here insert brief description of property.)

Signed .............., Sheriff

(2) Any sheriff publishing a notice that is not in accordance with the form set forth in subsection (1)(c) and that costs more than that notice is not entitled to any costs for publication of the notice but is personally liable for the payment of the publication.
Mont. Code Ann. § Rule 21 — MT Code / Title 25 / Chapter 24 / Part 1 / Section Rule 21
Rule 21 Time computation
Status: in_force

Rule 21 . Time computation.

(a) Time shall be computed as provided under Rule 6 of the Montana Justice and City Courts Rules of Civil Procedure.

(b) When the period of time prescribed or allowed is ten days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded.
Mont. Code Ann. § 25-35-601 — MT Code / Title 25 / Chapter 35 / Part 6 / Section 25-35-601
25-35-601 Commencement of action -- assistance to claimant
Status: in_force

25-35-601 . Commencement of action -- assistance to claimant. (1) A small claims action is commenced whenever any person appears before a justice of the peace or the justice's clerk and executes a sworn small claims complaint in substantially the same form as set forth in 25-35-602 .

(2) The justice shall assist any claimant in preparing the complaint or instruct the clerk to provide the assistance. The attorney general shall prepare a pamphlet explaining in plain language the procedures for prosecuting and defending a claim in small claims court and distribute copies of the pamphlet to each small claims court. The justice or the justice's clerk shall give the plaintiff a copy when the plaintiff appears to execute a complaint, and a copy must be attached to the order of the court/notice to defendant.
Mont. Code Ann. § 25-13-904 — MT Code / Title 25 / Chapter 13 / Part 9 / Section 25-13-904
25-13-904 Terminated
Status: in_force

25-13-904 . Terminated. Sec. 6, Ch. 472, L. 1987.
Mont. Code Ann. § 25-13-103 — MT Code / Title 25 / Chapter 13 / Part 1 / Section 25-13-103
25-13-103 Execution after death of party
Status: in_force

25-13-103 . Execution after death of party. Notwithstanding the death of a party after the judgment, execution on the judgment may be issued or it may be enforced as follows:

(1) In case of the death of the judgment creditor, it may be enforced upon the application of the creditor's executor, administrator, or successor in interest.

(2) In case of the death of the judgment debtor, if the judgment is for the recovery of real or personal property or the enforcement of a lien on the property, execution may be issued with the same effect as if the debtor were still living.
Mont. Code Ann. § 25-33-306 — MT Code / Title 25 / Chapter 33 / Part 3 / Section 25-33-306
25-33-306 Effect of judgment of district court
Status: in_force

25-33-306 . Effect of judgment of district court. Judgments rendered in the district court on appeal shall have the same force and effect and may be enforced in the same manner as judgments in actions commenced in the district court.
Mont. Code Ann. § Rule 5 — MT Code / Title 25 / Chapter 21 / Part 1 / Section Rule 5
Rule 5 Proceeding without the required filing fee
Status: in_force

Rule 5 . Proceeding without the required filing fee.

(1) Motion and affidavit to proceed without paying the filing fee - general. A party in a civil appeal or in an original proceeding for a writ in the supreme court who desires to proceed without payment of the required filing fee shall file a combined motion and affidavit in the supreme court for leave to so proceed, as prescribed by Form 3, showing the party's financial condition and inability to pay the filing fee, the party's belief that the party is entitled to redress, and a short statement of the issues the party intends to present. If necessary to determine a party's financial condition, the supreme court may remand a combined motion and affidavit to the district court for fact-finding.

(2) Motion and affidavit to proceed without paying the filing fee - incarcerated person. A person incarcerated in a correctional institution or facility who is a party in a civil appeal or in an original proceeding for a writ in the supreme court and who desires to proceed without payment of the required filing fee shall file a combined motion and affidavit in the supreme court for leave to so proceed, together with an unnotarized form as otherwise prescribed by Form 3, showing the party's financial condition and inability to pay the filing fee, the party's belief that the party is entitled to redress, and a short statement of the issues the party intends to present.

(3) Determination of indigency - party with appointed counsel. If a party has appointed counsel in an appeal or in an original proceeding for a writ, the party is entitled to proceed without paying the filing fee without further action by the party or the supreme court.

(4) Action by supreme court. The supreme court clerk's office is authorized to act on any motion to proceed without payment of the required filing fee. A party may ask the supreme court to review the supreme court clerk's determination. Within 14 days after the clerk's denial of such a motion, the party must either pay the filing fee or file a request for review by the supreme court. The party may present new evidence to the court in its request for review. The supreme court shall review the supreme court clerk's determination de novo.

(5) Limitations of waiver. The grant of a motion to proceed without payment of the required filing fee waives the filing fee but does not entitle the party to waive other fees or costs, such as transcript preparation costs or attorney fees.
Mont. Code Ann. § 25-4-112 — MT Code / Title 25 / Chapter 4 / Part 1 / Section 25-4-112
25-4-112 Papers with technical defects
Status: in_force

25-4-112 . Papers with technical defects. An affidavit, notice, or other paper without the title of the action or proceeding in which it is made or with a defective title is as valid and effectual for any purpose as if duly entitled if it intelligibly refers to such action or proceeding.
Mont. Code Ann. § 25-13-301 — MT Code / Title 25 / Chapter 13 / Part 3 / Section 25-13-301
25-13-301 Form and contents of writ
Status: in_force

25-13-301 . Form and contents of writ. (1) The writ of execution must:

(a) be issued in the name of the state of Montana, sealed with the seal of the court, and subscribed by the clerk;

(b) be directed to the sheriff or levying officer;

(c) intelligibly refer to the judgment, stating the court and the county where it was entered and, if it is for money, the amount of money and the amount actually due on the judgment; and

(d) require the sheriff or levying officer to act substantially as provided in this part.

(2) In executions, the amount of the execution must be computed and stated as near as may be possible in dollars and cents, rejecting fractions of a cent.

(3) A writ of execution served upon an employer of the judgment debtor must be accompanied by a document that reasonably describes the exemptions from execution provided in 25-13-614 .

(4) A notice of levy must contain information sufficient to identify the judgment debtor. If the information is not sufficient to identify the judgment debtor, the writ of execution must be returned to the sheriff or levying officer. If the writ of execution is returned to the sheriff or levying officer for lack of sufficient information, the person returning the writ of execution shall indicate that the information provided was not sufficient to identify the judgment debtor.