MT Code § Rule 8 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part III. Pleadings and Motions|Rule 8. General Rules of Pleading

  Rule 8. General Rules of Pleading.   (a) Claim for Relief. A pleading which states a claim for relief must contain:   (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and   (2) a demand for the relief sought, which may include relief in the alternative or different types of relief.   (b) Defenses; Admissions and Denials.   (1) In General. In responding to a pleading, a party must:   (A) state in short and plain terms its defenses to each claim asserted against it; and   (B) admit or deny the allegations asserted by an opposing party.   (2) Denials -- Responding to the Substance. A denial must fairly respond to the substance of the allegation.   (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading -- including the jurisdictional grounds -- may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.   (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.   (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.   (6) Effect of Failing to Deny. An allegation -- other than one relating to the amount of damages -- is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.   (c) Affirmative Defenses.   (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including, but not limited to:   • accord and satisfaction;   • action on advice of counsel;   • arbitration and award;   • assumption of risk;   • comparative negligence;   • discharge in bankruptcy;   • duress;   • estoppel;   • failure of consideration;   • fraud;   • illegality;   • injury by fellow servant;   • laches;   • license;   • payment;   • release;   • res judicata;   • statute of frauds;   • statute of limitations; and   • waiver.   (2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.   (d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.   (1) In General. Each allegation must be simple, concise, and direct. No technical form is required.   (2) Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.   (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.   (e) Construing Pleadings. Pleadings must be construed so as to do justice.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.