reglab/housing_qa huggingface dataset:
MT Code § Rule 41 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 41. Dismissal of Actions

  Rule 41. Dismissal of Actions.   (a) Voluntary Dismissal.   (1) By the Plaintiff.   (A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable state statute, the plaintiff may dismiss an action without a court order by filing:   (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or   (ii) a stipulation of dismissal signed by all parties who have appeared.   (B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice.   (2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.   (b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule -- except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 -- operates as an adjudication on the merits.   (c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim. This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made:   (1) before a responsive pleading is served; or   (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.   (d) Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:   (1) may order the plaintiff to pay all or part of the costs of that previous action; and   (2) may stay the proceedings until the plaintiff has complied.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 42 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 42. Consolidation; Separate Trials

  Rule 42. Consolidation; Separate Trials.   (a) Consolidation. If actions before the court involve a common question of law or fact, the court may:   (1) join for hearing or trial any or all matters at issue in the actions;   (2) consolidate the actions; or   (3) issue any other orders to avoid unnecessary cost or delay.   (b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any statutory or constitutional right to a jury trial.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 43 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 43. Taking Testimony

  Rule 43. Taking Testimony.   (a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless a Montana statute, the Montana Rules of Evidence, these rules, or other rules adopted by the supreme court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.   (b) Affirmation Instead of an Oath. When these rules require an oath, a solemn affirmation suffices.   (c) Evidence on a Motion. When a motion relies on facts outside the record, the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.   (d) Interpreter. The court may appoint an interpreter of its choosing; fix reasonable compensation to be paid from funds provided by law or by one or more parties; and tax the compensation as costs.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 44 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 44. Proving an Official Record

  Rule 44. Proving an Official Record.   (a) Means of Proving.   (1) Domestic Record. Each of the following evidences an official record -- or an entry in it -- that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or judicial jurisdiction of the United States:   (A) an official publication of the record; or   (B) a copy attested by the officer with legal custody of the record -- or by the officer's deputy -- and accompanied by a certificate that the officer has custody. The certificate must be made under seal:   (i) by a judge of a court of record in the district or political subdivision where the record is kept; or   (ii) by any public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.   (2) Foreign Record.   (A) In General. Each of the following evidences a foreign official record -- or an entry in it -- that is otherwise admissible:   (i) an official publication of the record; or   (ii) the record -- or a copy -- that is attested by an authorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the United States and the country where the record is located are parties.   (B) Final Certification of Genuineness. A final certification must certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.   (C) Other Means of Proof. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court may, for good cause, either:   (i) admit an attested copy without final certification; or   (ii) permit the record to be evidenced by an attested summary with or without a final certification.   (b) Lack of Record. A written statement that a diligent search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with (a)(2)(C)(ii).   (c) Other Proof. A party may prove an official record -- or an entry or lack of an entry in it -- by any other method authorized by law.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 44.1 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 44.1. Determining Foreign Law

  Rule 44.1. Determining Foreign Law. A party who intends to raise an issue about a foreign country's law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court's determination must be treated as a ruling on a question of law.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 46 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 46. Objecting to a Ruling or Order

  Rule 46. Objecting to a Ruling or Order. A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 48 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 48. Juries -- Verdict

  Rule 48. Juries -- Verdict. At least two-thirds in number of any jury may render a verdict or finding, and such verdict or finding so rendered shall have the same force and effect as if all such jury concurred therein. The parties may stipulate that the jury shall consist of less number than 12.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 49 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 49. Special Verdicts and Interrogatories

  Rule 49. Special Verdicts and Interrogatories.   (a) Special Verdict.   (1) In General. The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. The court may do so by:   (A) submitting written questions susceptible of a categorical or other brief answer;   (B) submitting written forms of the special findings that might properly be made under the pleadings and evidence; or   (C) using any other method that the court considers appropriate.   (2) Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue.   (3) Issues not Submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.   (b) General Verdict with Answers to Written Questions.   (1) In General. The court may submit to the jury forms for a general verdict, together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing, and must direct the jury to do both.   (2) Verdict and Answers Consistent. When the general verdict and the answers are consistent, the court must approve, for entry under Rule 58, an appropriate judgment on the verdict and answers.   (3) Answers Inconsistent with the Verdict. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may:   (A) approve, for entry under Rule 58, an appropriate judgment according to the answers, notwithstanding the general verdict;   (B) direct the jury to further consider its answers and verdict; or   (C) order a new trial.   (4) Answers Inconsistent with Each Other and the Verdict. When the answers are inconsistent with each other and one or more is also inconsistent with the general verdict, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new trial.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 51 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VI. Trials|Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error

  Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error.   (a) Requests.   (1) Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.   (2) After the Close of the Evidence. After the close of the evidence, a party may:   (A) file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and   (B) with the court's permission, file untimely requests for instructions on any issue.   (b) Instructions. The court:   (1) must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;   (2) must give the parties an opportunity to object on the record and out of the jury's hearing before the instructions and arguments are delivered; and   (3) may instruct the jury at any time before the jury is discharged.   (c) Objections.   (1) How to Make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.   (2) When to Make. An objection is timely if:   (A) a party objects at the opportunity provided under Rule 51(b)(2); or   (B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.   (d) Assigning Error; Plain Error.   (1) Assigning Error. A party may assign as error:   (A) an error in an instruction actually given, if that party properly objected; or   (B) a failure to give an instruction, if that party properly requested it and -- unless the court rejected the request in a definitive ruling on the record -- also properly objected.   (2) Plain Error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 51(d)(1) if the error affects substantial rights.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 55 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VII. Judgment|Rule 55. Default; Default Judgment

  Rule 55. Default; Default Judgment.   (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.   (b) Entering a Default Judgment.   (1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk -- on the plaintiff's request, with an affidavit showing the amount due -- must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.   (2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals -- preserving any Montana statutory right to a jury trial -- when, to enter or effectuate judgment, it needs to:   (A) conduct an accounting;   (B) determine the amount of damages;   (C) establish the truth of any allegation by evidence; or   (D) investigate any other matter.   (c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).   (d) Judgment against the State of Montana. A default judgment may be entered against the State of Montana, its officers, its agencies, or its political subdivisions only if the claimant establishes a claim or right to relief by evidence that satisfies the court.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 57 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VII. Judgment|Rule 57. Declaratory Judgments

  Rule 57. Declaratory Judgments. These rules govern the procedure for obtaining a declaratory judgment under Title 27, Chapter 8. Rules 38 and 39, subject to the provisions of section 27-8-302, govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
MT Code § Rule 58 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VII. Judgment|Rule 58. Entering Judgment

  Rule 58. Entering Judgment.  (a) Separate Document. Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion:   (1) for judgment under Rule 50(b);   (2) to amend or make additional findings under Rule 52(b);   (3) for attorney fees under Rule 54;   (4) for a new trial, or to alter or amend the judgment, under Rule 59; or   (5) for relief under Rule 60.   (b) Entering Judgment.   (1) Without the Court's Direction. Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court's direction, promptly prepare, sign, and enter the judgment when:   (A) the jury returns a general verdict;   (B) the court awards only costs or a sum certain; or   (C) the court denies all relief.   (2) Court's Approval Required. Subject to Rule 54(b), the court must promptly approve the form of the judgment, which the clerk must promptly enter, when:   (A) the jury returns a special verdict or a general verdict with answers to written questions; or   (B) the court grants other relief not described in this subdivision (b).   (c) Time of Entry. For purposes of these rules, judgment is entered at the following times:   (1) if a separate document is not required, when the judgment is entered in the civil docket; or   (2) if a separate document is required, when the judgment is entered in the civil docket and the earlier of these events occurs:   (A) it is set out in a separate document; or   (B) 150 days have run from the entry in the civil docket.   (d) Request for Entry. A party may request that judgment be set out in a separate document as required by Rule 58(a).   (e) Cost or Fee Awards, and Sanctions. A judgment, even though entered, is not considered final for purposes of appeal under Rule 4(1)(a), M. R. App. P., until any necessary determination of the amount of costs and attorney fees awarded, or sanctions imposed, is made. 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.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0157, October 12, 2021, eff. January 1, 2022.
MT Code § Rule 59 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 20. Rules of Civil Procedure|Part VII. Judgment|Rule 59. New Trial; Altering or Amending a Judgment

  Rule 59. New Trial; Altering or Amending a Judgment.   (a) In General.   (1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues -- and to any party -- as follows:   (A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in Montana state court; or   (B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in Montana state court.   (2) Further Action after a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.   (b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment. The motion for a new trial must set forth, in the heading of the motion and under the cause number and department identification, the date which is 60 days from the date of the filing of the motion, and the date which is 120 days from the date of filing of the motion.   (c) Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.   (d) New Trial on the Court's Initiative or for Reasons not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.   (e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.   (f) Motion Deemed Denied. If the court does not rule on a motion for a new trial properly filed according to Rule 59(b), or a motion to alter or amend a judgment properly filed according to Rule 59(e), within 60 days from its filing date, the motion must be deemed denied. If the court issues an order within the 60 days extending the time within which to rule on the motion, the time for ruling may be extended, but if the motion is not ruled upon within 120 days from its filing date, it will be deemed denied.   History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0157, December 14, 2016, eff. July 1, 2017.