reglab/housing_qa huggingface dataset:
MT Code § Rule 27 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 21. Rules of Appellate Procedure|Part 1. Rules|Rule 27. Notice involving constitutional questions where the state is not a party

  Rule 27. Notice involving constitutional questions where the state is not a party.   Irrespective of the requirements of M. R. Civ. P. 5.1, a party who challenges the constitutionality of any act of the Montana legislature in any action, suit, or proceeding in the supreme court to which neither the state nor any agency or any officer or employee thereof, in the officer's or employee's official capacity, is a party, must give notice to the supreme court and to the Montana attorney general of the existence of the constitutional issue. This notice must be in writing, specify the section of the Montana Code Annotated or chapter of the session law to be construed, and must be given no later than 11 days from the date that the notice of appeal or notice of cross-appeal is filed or the date of filing of an original proceeding in the supreme court. No later than 20 days from the date that the notice of constitutional challenge is filed, the attorney general shall notify the supreme court and all parties in writing as to whether the attorney general will intervene in the appeal on the constitutional issue.   History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, May 6, 2009, eff. October 1, 2009; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
MT Code § Rule 28 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 21. Rules of Appellate Procedure|Part 1. Rules|Rule 28. Minutes of supreme court

  Rule 28. Minutes of supreme court.   The clerk of the supreme court shall attest the minutes of the supreme court as true and correct.   History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
MT Code § Rule 29 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 21. Rules of Appellate Procedure|Part 1. Rules|Rule 29. Suspension of the rules

  Rule 29. Suspension of the rules.   (1) Application for suspension. In the interest of expediting decision on any matter before it, or for other good cause shown, the supreme court may, except as otherwise provided in section (2) of this rule, suspend the requirements or provisions of these rules on application of a party supported by affidavit, and may order proceedings in accordance with its direction.   (2) Exceptions. This rule may not be invoked with respect to proceedings governed by rule 7. Any request for an out-of-time appeal shall be governed solely by rule 4(6).   History: En. Sup. Ct. Ord. No. AF 07-0016, July 3, 2007, eff. October 1, 2007; amd. Sup. Ct. Ord. No. AF 07-0016, April 26, 2011, eff. October 1, 2011.
MT Code § Rule 1 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 1. Scope of rules

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 2 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 2. Commencement of action

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. and renum. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 5 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 5. Service and filing of pleadings and other papers, excluding summons

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 6 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 6. Time

  Rule 6. Time.   A. COMPUTATION. When the computation of any period of time prescribed or allowed by these rules is by order of a court or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last day of the period so computed must be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.   B. EXTENSION. When by these rules, by a notice given under these rules, or by order of a court an act is required or allowed to be done at or within a specified time, the judge for cause shown may extend the period if a motion is made before the expiration of the period originally prescribed or extended by previous permission of the court or after expiration of the specified period if failure to act was the result of excusable neglect.   C. ADDITIONAL TIME AFTER SERVICE BY MAIL. Whenever a party has the right or is required to do an act or take a proceeding within a prescribed period after service of a notice or other paper and the notice or other paper is served by mail, 3 days must be added to the prescribed period.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
MT Code § Rule 8 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 8. Amendment of pleadings

  Rule 8. Amendment of pleadings.   A. WHEN ALLOWED. Each party may amend its pleading one time, without leave of court, if the amended pleading is filed within the following times:   (1) The plaintiff's amended complaint, if any, must be filed no later than 10 days after defendant's answer to the original complaint if served upon plaintiff.   (2) The defendant's amended answer, if any, must be filed no later than 10 days after the filing of the original answer. The amended answer may add a counterclaim consistent with Rule 7C. Further amendments may be granted only upon written consent of the opposing party or upon leave of the court for good cause shown.   B. ANSWER TO AMENDED COMPLAINT. A defendant shall file and serve an answer within 20 days of the service of an amended complaint.   C. REPLY TO AMENDED COUNTERCLAIM. A plaintiff must file and serve a reply within 20 days after service of an amended counterclaim.   D. LIMIT. No other pleading to an amended pleading may be allowed, except that the court may order a reply to the amended answer.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 9 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 9. Motions and other papers

  Rule 9. Motions and other papers.   A. APPLICATION. An application to the court for an order must be by motion, which, unless made during a hearing or trial, must be in writing. A motion must state with particularity the grounds for the motion and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing on the motion.   B. OPPOSITION. Any party opposing a motion must do so in writing within 10 days of service.   C. GENERAL RULES. The rules applicable to captions, signing, and other matters of form and the method and proof of service of pleadings apply to all motions and other papers provided for by these rules.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
MT Code § Rule 10 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 10. Naming of parties to action

  Rule 10. Naming of parties to action.   A. PARTIES.   (1) Actions must be prosecuted or defended in the name of the person who benefits from or is responsible for the satisfaction of any judgment rendered in justice or city court. That person is considered the real party in interest.   (2) A personal representative, administrator, guardian, conservator, fiduciary, bailee, trustee of an express trust, party with whom or in whose name a contract has been made for the benefit of another, or party authorized by statute may be named as a party to an action. In such a case, the pleadings must contain information concerning the circumstances or statute that enables the person to appear in the party's name and not in the name of the person for whose benefit the action is prosecuted or defended.   B. AMENDMENT -- DISMISSAL. Upon motion of the opposing party or upon the court's own motion, the court must require an amendment of the pleadings to name the real party in interest. If the real party in interest is not named within 5 days, the action will be dismissed without prejudice.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 11 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 11. Substitution of parties

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 12 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 12. Joinder of claims and parties necessary for just adjudication

  Rule 12. Joinder of claims and parties necessary for just adjudication.   A. INVOLUNTARY JOINDER. A person subject to service of process must be joined if in the person's absence:   (1) complete relief cannot be accorded among those already parties;   (2) the person will not be able to protect the person's interest in the subject of the action without being named; or   (3) there is the likelihood of double, multiple, or otherwise inconsistent obligations incurred by reason of the person's claimed interest.   B. PERMISSIVE JOINDER. All persons may join in an action if they assert any right to relief, whether jointly or as individuals, arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or of fact common to all will arise in the action.   C. MISJOINDER. Misjoinder of parties not grounds for dismissal. The judge may add or dismiss parties by order either on motion of a party or on the judge's own initiative at any stage of the proceedings and on terms that are just. Claims against a party or parties may be added or severed and proceed to joint or separate trials as considered necessary by the judge in order to render a full adjudication of all claims in an orderly manner.   D. CLASS ACTIONS. Class actions may not be permitted in justice or city court proceedings.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 15 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 15. Right to jury trial

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 16 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 16. Failure to appear or proceed

  Rule 16. Failure to appear or proceed.   A. DEFENDANT. If a defendant, who has been properly served, fails to appear at the time fixed for trial, the trial may proceed at the request of the adverse party or parties.   B. PLAINTIFF. If a plaintiff fails to appear at the time fixed for trial, the judge shall dismiss the plaintiff's claim with prejudice and award costs to the defendant. The trial may proceed on any other pending claims of any other parties.   C. TIME. If a party fails to pursue disposition of a matter filed in a justice or city court in a timely manner, the court may, on it's own motion, dismiss the matter without prejudice. A dismissal at the court's discretion under this Rule 16C must be by written notice of the court to all parties and may not be made for at least 90 days after the last action. The notice must state that unless good cause is shown by a party or a party's attorney within 30 days of the court's notice, the matter must be dismissed without prejudice. If good cause is shown, in writing, by a party or a party's attorney, the court may set the matter for trial and no dismissal may be entered by the court.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 17 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 17. Costs

  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.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 18 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 18. Jury

  Rule 18. Jury.   A. NUMBER OF JURORS. A jury in a justice or city court consists of six persons, but the parties may agree to fewer than six.   B. IMPANELING. The jury in a civil action in justice or city court must be impaneled as provided in 25-7-202 through 25-7-209 and 25-7-221 through 25-7-224. Where the words "clerk" or "district court" occur in those sections, the words refer to the justice or city court in application under this rule.   C. SICKNESS OF JUROR. If a juror becomes sick and is unable to perform the juror's duty after impaneling of the jury but before verdict, the judge may order the juror discharged and proceed with the other jurors, swear in an alternate juror, continue the case, or discharge the jury and impanel a new jury.   D. PREVENTION OF JURY FROM GIVING VERDICT. When a jury is discharged or prevented from giving a verdict by reason of accident or other cause during the course of the trial, the judge may try the action with another jury again at a future time.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
MT Code § Rule 19 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 19. Order of trial

  Rule 19. Order of trial.   In a nonjury trial or in a jury trial after the jury has been impaneled, the trial must proceed in the following order, unless the court, for good cause, otherwise directs:   (1) The party on whom rests the burden of the issues may briefly state a case and the evidence by which the party expects to sustain it.   (2) The adverse party may next briefly state a defense and the evidence the party expects to offer in support of it, or the party may reserve the opening statement for the beginning of the case.   (3) The party on whom rests the burden of the issues must first produce evidence. The adverse party will then produce evidence.   (4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case.   (5) The court shall charge the jury with its duties, instructing it in all matters of law that it finds necessary for the jury's information in rendering a verdict. Proposed instructions may be offered to the court by the parties. Instructions shall be offered if ordered at the pretrial conference.   (6) (a) The order for final argument is plaintiff, defendant, and rebuttal by plaintiff of defendant's argument. No further argument is allowed. If several defendants having several defenses appear by different counsel, the court shall determine their relative order in the evidence and argument.   (b) In arguing the case to the jury, a party or counsel may argue and comment upon the law of the case as given in the instructions of the court, as well as upon the evidence in the case.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 20 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 20. Notice of trial

  Rule 20. Notice of trial.   After all parties served with process have appeared or some have appeared and the remaining have been defaulted, the judge, upon request of any party, shall fix a day for trial of the cause and shall provide notice of the trial date to the plaintiffs and defendants who have appeared.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
MT Code § Rule 22 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 22. Relief from judgment

  Rule 22. Relief from judgment.   A. RELIEF. A judge may, on such terms as may be just and on the payment of costs, relieve a party from any judgment or other order taken against the party by mistake, inadvertence, surprise, or excusable neglect, but the application for relief must be made within 30 days after entry of the judgment and upon an affidavit showing good cause for it. The party applying for relief shall serve the application and give notice of hearing to all other parties. The court shall set a hearing within 10 days after receipt of the application.   B. CLERICAL MISTAKES. Clerical mistakes or errors arising from oversight or omission in pleadings, judgments, orders, and other parts of the record may be corrected by the court at any time on its own initiative or on the motion of any party and after any notice the court may order.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
MT Code § Rule 24 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 23. Montana Justice and City Court Rules of Civil Procedure|Part 1. Rules|Rule 24. Appeal to district court

  Rule 24. Appeal to district court.   Appeals from a justice or city court to a district court are governed by Title 25, chapter 33, except that the undertaking on appeal, when the judgment is for the payment of money, may be in the form of an appeal bond or a deposit of money in a sum equal to the amount of the judgment, including costs.   History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
MT Code § Rule 1 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 24. Montana Uniform Rules for the Justice and City Courts|Part 1. Rules|Rule 1. Scope of rules

  Rule 1. Scope of rules.   (a) These rules, together with the Montana Justice and City Court Rules of Civil Procedure, govern the practice in all justice and city courts of the State of Montana.   (b) No local rules shall be adopted in conflict with these rules.   History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993.