reglab/housing_qa huggingface dataset:
MT Code § Rule 19 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 19. Required Joinder of Parties

  Rule 19. Required Joinder of Parties.   (a) Persons Required to be Joined if Feasible.   (1) Required Party. A person who is subject to service of process must be joined as a party if:   (A) in that person's absence, the court cannot accord complete relief among existing parties; or   (B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:   (i) as a practical matter impair or impede the person's ability to protect the interest; or   (ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.   (2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.   (3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.   (b) When Joinder is not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:   (1) the extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;   (2) the extent to which any prejudice could be lessened or avoided by:   (A) protective provisions in the judgment;   (B) shaping the relief; or   (C) other measures;   (3) whether a judgment rendered in the person's absence would be adequate; and   (4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.   (c) Pleading the Reasons for Nonjoinder. When asserting a claim for relief, a party must state:   (1)  the name, if known, of any person who is required to be joined if feasible but is not joined; and   (2) the reasons for not joining that person.   (d) Exception for Class Actions. This rule is subject to Rule 23.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 20 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 20. Permissive Joinder of Parties

  Rule 20. Permissive Joinder of Parties.   (a) Persons Who May Join or Be Joined.   (1) Plaintiffs. Persons may join in one action as plaintiffs if:   (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and   (B) any question of law or fact common to all plaintiffs will arise in the action.   (2) Defendants. Persons may be joined in one action as defendants if:   (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and   (B) any question of law or fact common to all defendants will arise in the action.   (3) Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.   (b) Protective Measures. The court may issue orders -- including an order for separate trials -- to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 21 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 21. Misjoinder and Non-Joinder of Parties

  Rule 21. Misjoinder and Non-Joinder of Parties. Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 22 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 22. Interpleader

  Rule 22. Interpleader.   (a) Joinder, cross-claim, or counterclaim.   (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:   (A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or   (B) the plaintiff denies liability in whole or in part to any or all of the claimants.   (2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.   (b) Substitution.   (1) Grounds. A defendant in a contract or property action may substitute as the defendant a person who is not a party and who demands the same debt or property at issue in the action, upon motion made:   (A) before the defendant files an answer;   (B) with due notice to the person not a party and to the plaintiff; and   (C) upon affidavit that a person not a party to the action:   (i) makes against the defendant a demand for the same debt or property, and   (ii) is not colluding with the defendant.   (2) Deposit of Debt or Delivery of Property. A defendant substituted under this rule must, at the court's discretion, either:   (A) deposit in court the amount of the debt at issue; or   (B) deliver the property at issue or its value to such person as the court may direct.   (3) Discharge of Liability. A defendant's deposit of debt or delivery of property under subsection (b)(2) discharges the defendant's liability to either the plaintiff or the substitute defendant.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 23.1 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 23.1. Derivative Actions

  Rule 23.1. Derivative Actions.   (a) Prerequisites. This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association.   (b) Pleading Requirements. The complaint must be verified and must:   (1) allege that the plaintiff was a shareholder or member at the time of the transaction complained of, or that the plaintiff's share or membership later devolved on it by operation of law;   (2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and   (3) state with particularity:   (A) any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if necessary, from the shareholders or members; and   (B) the reasons for not obtaining the action or not making the effort.   (c) Settlement, Dismissal, and Compromise. A derivative action may be settled, voluntarily dismissed, or compromised only with the court's approval. Notice of a proposed settlement, voluntary dismissal, or compromise must be given to shareholders or members in the manner that the court orders.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 23.2 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 23.2. Actions Relating to Unincorporated Associations

  Rule 23.2. Actions Relating to Unincorporated Associations. This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise must correspond with the procedure in Rule 23(e).   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 24 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 24. Intervention

  Rule 24. Intervention.   (a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:   (1) is given an unconditional right to intervene by statute; or   (2) claims an interest relating to the property or transaction which is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless the existing parties adequately represent that interest.   (b) Permissive Intervention.   (1) In General. On timely motion, the court may permit anyone to intervene who:   (A) is given a conditional right to intervene by statute; or   (B) has a claim or defense that shares with the main action a common question of law or fact.   (2) By a Government Officer or Agency. On timely motion, the court may permit a state governmental officer or agency to intervene if a party's claim or defense is based on:   (A) a statute or executive order administered by the officer or agency; or   (B) any regulation, order, requirement, or agreement issued or made under the statute or executive order.   (3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.   (c) Notice and Pleading Required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 25 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part IV. Parties|Rule 25. Substitution of Parties

  Rule 25. Substitution of Parties.   (a) Death.   (1) Substitution if the Claim is not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent may be dismissed.   (2) Continuation among the Remaining Parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.   (3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting the death must be served in the same manner.   (b) Incompetency. If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party's representative. The motion must be served as provided in Rule 25(a)(3).   (c) Transfer of Interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(3).   (d) Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 29 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part V. Depositions and Discovery|Rule 29. Stipulation Regarding Discovery Procedure

  Rule 29. Stipulation Regarding Discovery Procedure. Unless the court orders otherwise, the parties may stipulate that:   (a) a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified -- in which event it may be used in the same way as any other deposition; and   (b) other procedures governing or limiting discovery be modified.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 31 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part V. Depositions and Discovery|Rule 31. Depositions by Written Questions

  Rule 31. Depositions by Written Questions.   (a) When a Deposition May Be Taken.   (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.   (2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2):   (A) if the parties have not stipulated to the deposition and:   (i) the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants;   (ii) the deponent already has been deposed in the case; or   (B) if the deponent is confined in prison.   (3) Service; Required Notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.   (4) Questions Directed to an Organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with Rule 30(b)(6).   (5) Questions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.   (b) Delivery to the Officer; Officer's Duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f) to:   (1) take the deponent's testimony in response to the questions;   (2) prepare and certify the deposition; and   (3) send it to the party, attaching a copy of the questions and of the notice.   (c) Notice of Completion or Filing.   (1) Completion. The party who noticed the deposition must notify all other parties when it is completed.   (2) Filing. A party who files the deposition must promptly notify all other parties of the filing.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 33 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part V. Depositions and Discovery|Rule 33. Interrogatories to Parties

  Rule 33. Interrogatories to Parties.   (a) In General.   (1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 50 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).   (2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.   (b) Answers and Objections.   (1) Responding Party. The interrogatories must be answered:   (A) by the party to whom they are directed;   (B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party.   (2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.   (3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.   (4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.   (5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.   (c) Use. An answer to an interrogatory may be used to the extent allowed by the Montana Rules of Evidence.   (d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically-stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:   (1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and   (2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 38 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 38. Right to a Jury Trial; Demand

  Rule 38. Right to a Jury Trial; Demand.   (a) Right Preserved. The right of trial by jury as declared by the Montana Constitution -- or as provided by a Montana statute -- is preserved to the parties inviolate.   (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:   (1) serving the other parties with a written demand -- which may be included in a pleading -- no later than 14 days after the last pleading directed to the issue is served; and   (2) filing the demand in accordance with Rule 5(d).   (c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may -- within 14 days after being served with the demand or within a shorter time ordered by the court -- serve a demand for a jury trial on any other or all factual issues triable by jury.   (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 39 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 39. Trial by Jury or by the Court

  Rule 39. Trial by Jury or by the Court.   (a) When a Demand is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:   (1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record; or   (2) the court, on motion or on its own, finds that on some or all of those issues there is no right to a jury trial.   (b) When no Demand is Made. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.   (c) Advisory Jury; Jury Trial by Consent. In an action not triable of right by a jury, the court, on motion or on its own:   (1) may try any issue with an advisory jury; or   (2) may, with the parties' consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 40 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 40. Scheduling Cases for Trial

  Rule 40. Scheduling Cases for Trial. Each court must provide by rule for scheduling trials. The court must give priority to actions entitled to priority by a Montana statute.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.