reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 1A. Form 1A

Form 1A
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
__________________________________
Attorney for________________________
Address___________________________
Phone____________________________
Fax_______________________________
E-mail____________________________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.NOTICE OF A CHALLENGE
TO THE CONSTITUTIONALITY
OF AN ACT OF
THE MONTANA LEGISLATURE
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
Notice is hereby given to the Supreme Court and to the Montana Attorney General that, in this action, the undersigned challenges the constitutionality of an act of the Montana legislature, namely: ____________________________________________________________ _____________________________________________________________________________. Neither the state nor any agency or any officer or employee thereof is a party to this action in the officer's or employee's official capacity.
This notice is given within 11 days of the filing of the notice of appeal, as required by M. R. App. P. 27.
Dated this ______ day of ______________, 20___.
____________________________________
Attorney for__________________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing upon the Attorney General for the State of Montana, each attorney of record, and each party not represented by an attorney in the above-referenced action, as follows:
(list name and address of the Attorney General and each attorney or party served)
Dated this ___ day of __________, 20___.
__________________________________
Name
__________________________________
Address
__________________________________
Title
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 2. Form 2

Form 2
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
__________________________________
Attorney for________________________
Address___________________________
Phone____________________________
Fax_______________________________
E-mail____________________________
_________________________________,
Plaintiff/Petitioner,
☐ Appellant or ☐ Appellee, and
☐ Cross-Appellant or ☐ Cross-Appellee,
v.NOTICE OF CROSS-APPEAL
_________________________________,
Defendant/Respondent,
☐ Appellant or ☐ Appellee, and
☐ Cross-Appellant or ☐ Cross-Appellee.
NOTICE is given that _________________ cross-appeals to the Supreme Court of the State of Montana from the final judgment or order entered in Cause No. _______ in the ____________ Judicial District, in and for the County of _____________, on the _____day of _____________, 20___.
THE CROSS-APPELLANT FURTHER CERTIFIES:
1. That this cross-appeal ____is/is not___ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ____is/is not____ less than $5,000.
2. That this cross-appeal _____is/is not____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court's certification order is attached hereto as Exhibit "A."
3. That all available transcripts of the proceedings in this cause involving the issue(s) cross-appealed ____have been/have not been____ ordered from the court reporter contemporaneously with the filing of this notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal.
4. That included herewith is the filing fee prescribed by statute, or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3.
Dated this ______day of ______________, 20___.
____________________________________
Attorney for__________________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF CROSS-APPEAL with the Clerk of the Montana Supreme Court and that I have served true and accurate copies of the foregoing NOTICE OF CROSS-APPEAL upon the Clerk of the District Court, each attorney of record, each court reporter from whom a transcript will be ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:
(list name and address of the Clerk of the District Court, each court reporter, and each attorney or party served)
Dated this ___ day of __________, 20___.
__________________________________
Name
__________________________________
Address
__________________________________
Title
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 3. Form 3

Form 3
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.MOTION AND AFFIDAVIT
TO PROCEED ON APPEAL WITHOUT
PAYMENT OF FILING FEE
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
I move this Court to proceed without payment of the filing fee in this cause, and I submit this Affidavit in support of my motion.
I, ________________________________, being first duly sworn, depose and say that I am the _____________ (designation of party) in the above-entitled cause; that in support of my application to proceed on appeal without being required to pay the filing fee, I state that because of my financial condition I am unable to pay the filing fee; that I believe I am entitled to redress; and that the issues which I desire to present on appeal are the following:
I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the cost of prosecuting the appeal are true.
1. Are you presently employed? _______
a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer.
b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received.
2. Have you received within the past 12 months any income from a business, profession, or other form of self-employment, or in the form of rent payments, interest, dividends, or other source? If the answer is yes, describe each source of income and state the amount received from each during the past 12 months.
3. Do you own any cash or checking or savings account? If the answer is yes, state the total value of the items owned.
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If the answer is yes, describe the property and state its approximate value.
5. List the persons who are dependent upon you for support and state your relationship to those persons.
I understand that a false statement or answer to any question in this affidavit will subject me to penalties for perjury.
____________________________________
Subscribed and sworn to before me this _____day of _____________, 20___.
SEAL___________________________________
Notary Public for the State of Montana
Residing at _________________________
My Commission expires _______________
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 4. Form 4

Form 4
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.NOTICE REQUIRING FILING
OF AMENDED NOTICE OF
APPEAL OR CROSS-APPEAL
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
NOTICE of ____Appeal/Cross-Appeal____ was filed on __________________, 20___, in that cause of action filed in the ____________ Judicial District, in and for the County of ________________, as Cause No. ______.
The notice does not contain the following required certification(s):
1. ___ That this matter ____is/is not____ subject to the mediation process required by M. R. App. P. 7. If subject to mediation, the money judgment being sought ___is/is not____ less than $5,000.
2. ____ That this matter _____is/is not_____ an appeal from an order certified as final under M. R. Civ. P. 54(b). If this is such an appeal, a true copy of the District Court's certification order is attached to the notice of appeal/cross-appeal as Exhibit "A."
3. ____ That all available transcripts of the proceedings in this cause involving the issue(s) appealed _____have been/have not been_____ ordered from the court reporter contemporaneously with the filing of the notice of appeal. If all available transcripts have not been ordered, that Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of appeal.
4. ____ That all available transcripts of the proceedings in this cause involving the issue(s) cross-appealed _____have been/have not been_____ ordered from the court reporter contemporaneously with the filing of the notice of cross-appeal. If all available transcripts have not been ordered, that Cross-Appellant has complied with the provisions of M. R. App. P. 8(3) contemporaneously with the filing of this notice of cross-appeal.
5. ____ That a copy of the notice of ____appeal/cross-appeal____ has been contemporaneously filed in the office of the Clerk of the District Court and served by mail on all attorneys of record and on all parties not represented by an attorney.
____ The notice of appeal/cross-appeal was not accompanied by the filing fee prescribed by statute or the affidavit to proceed without payment of the required filing fee prescribed in the Appendix of Forms as Form 3. PLEASE NOTE THAT THE NOTICE OF APPEAL/CROSS-APPEAL WILL NOT BE FILED UNTIL THE FILING FEE IS PAID OR THE AFFIDAVIT FILED.
You are hereby directed to correct the above-checked deficiencies within 11 days of the date of this notice and to bring the notice into compliance with M. R. App. P. 4.
True copies of this notice have been provided to all attorneys of record and to all parties not represented by an attorney.
Dated this ____ day of ___________, 20___.
_______________________________
Clerk of the Supreme Court
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 5. Form 5

Form 5
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.SELECTION OF MEDIATOR
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
COME NOW the parties and advise that they have stipulated to and selected __________________________ as mediator for purposes of complying with the requirements of M. R. App. P. 7(4)(c).
Dated this ___ day of __________, 20___.
__________________________________
Attorney for Appellant
__________________________________
Attorney for Appellee
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 6. Form 6

Form 6
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.ORDER OF MEDIATOR APPOINTMENT
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
This appeal being subject to M. R. App. P. 7, and the parties having failed to jointly and timely select a mediator under M. R. App. P. 7(4)(c),
IT IS ORDERED that __________________________, whose name appears next on the list of attorneys desiring appointment as mediators for ☐ workers' compensation ☐ domestic relations ☐ money damages appeals which is maintained pursuant to M. R. App. P. 7(4)(e), is hereby appointed to conduct the mediation process required by M. R. App. P. 7(5); and
IT IS FURTHER ORDERED that the time periods set forth in M. R. App. P. 7(5)(d) shall run from the date of this order of appointment.
True copies of this order are being provided to counsel of record for the parties, or to the parties individually if not represented by counsel.
Dated this ___ day of __________, 20___.
__________________________________
Clerk of the Supreme Court
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 7. Form 7

Form 7
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.STATEMENT OF POSITION
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
A statement of position shall be 10 pages or less, double spaced. Transcript excerpts, items related to admissibility, and exhibits of record may be attached. The Judgment/Order from which appeal is taken must be attached. The statement of position must be submitted to the mediator and opposing counsel/parties in accordance with M. R. App. P. 7(5)(f).
A statement of position shall include:
(1) Issues on appeal and the manner in which each issue was preserved;
(2) Applicable standard of review for each issue;
(3) Analysis of each issue, statement of position, and citations of legal authority;
(4) Judgment/order appealed; and
*(5) Factors impacting settlement.
*A confidential submission may be filed separately with the mediator indicating factors impacting settlement as provided in M. R. App. P. 7(6).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 8. Form 8

Form 8
IN THE SUPREME COURT OF THE STATE OF MONTANA
Supreme Court Cause No.__________
_________________________________,
Plaintiff/Petitioner and
☐ Appellant or ☐ Appellee,
v.MEDIATOR'S REPORT
_________________________________,
Defendant/Respondent and
☐ Appellant or ☐ Appellee.
As a result of the settlement conference, this case is
☐ SETTLED
☐ Settlement agreement to be prepared by ____________________ no later than ______________, 20__.
☐ Stipulation for dismissal to be filed within 15 days of the date of this order.
☐ NOT SETTLED
Dated this ___ day of __________, 20___.
__________________________________
Mediator
(File with the clerk of the supreme court and provide copies to the clerk of the district court and to the parties.)
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 21. Rules of Appellate Procedure › Appendix of Forms › Form 9. Form 9

Form 9
IN THE DISTRICT COURT OF THE _____ JUDICIAL DISTRICTIN AND FOR THE COUNTY OF ____________________STATE OF MONTANA
_________________________________,Plaintiff/PetitionerCause Number ___________    v.NOTICE OF TRANSCRIPTS     DEEMED NECESSARY FOR APPEAL
_________________________________,Defendant/Respondent.
NOTICE is given that _____________________________, the Appellant in the above-named case, hereby determines the following transcripts are necessary for appeal. Please check only those transcripts required:
( ) No transcripts are necessary
( ) Jury Voir Dire
( ) Opening Statements
( ) Closing Arguments
( ) Trial Proceedings (all testimony, in-chambers discussions, and jury verdict)
( ) Pre-Trial Proceedings (specify by description and date of proceeding)
( ) Post-Trial Proceedings
( ) Other (specify by description and date of proceeding)
( ) The following transcripts have been prepared previously and are deemed necessary on appeal, and appellant requests the court reporter(s) prepare such transcripts in the proper format for filing with the supreme court and service on Appellee(s) (specify by description and date of proceeding)
The court reporter(s) responsible for the preparation of these transcripts is/are
It is further certified that financial arrangements were made with the court reporter(s) before filing this Notice.
Dated this ___ day of __________, 20___.
__________________________________Attorney for _____________________
CERTIFICATE OF SERVICE
I hereby certify that I have filed a true and accurate copy of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL with the Clerk of the District Court and that I have served true and accurate copies of the foregoing NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL upon each attorney of record, each court reporter from whom a transcript has been ordered, and each party not represented by an attorney in the above-referenced District Court action, as follows:
(list name and address of Clerk of the District Court, each court reporter, and each attorney or party served).
Dated this ___ day of __________, 20___.
__________________________________Name
__________________________________Address
__________________________________Title
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 2. Multi-judge courts -- allocation of cases

Rule 2. Multi-judge courts -- allocation of cases.
(a) If there is more than one justice of the peace in the same county, or more than one city judge in the same city, the judges shall by agreement divide the court caseload, civil and criminal, among the judges.
(b) In the event that an agreement cannot be reached, upon application of one of the judges listed above, the district judge of the judicial district or the chief district judge in a multi-judge district, shall enter an order which equitably apportions the caseload among the judges considering whether the judges are full or part time.
(c) All law enforcement agencies within the court's jurisdictional area shall be informed of the order dividing the jurisdictional area. Complaints shall be filed with the court in compliance with the division order of the judges. A complaint improperly filed shall be reassigned to the proper judge and not dismissed.
History: En. Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 3. Files and exhibits

Rule 3. Files and exhibits.
(a) The court is the custodian of all court files. Files shall not be taken from the court without the consent of the judge.
(b) Every exhibit placed on file or offered in evidence shall be held in the custody of the court. Unless there be 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.
(c) 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, a party may apply to the court for an order to dispose of exhibits, and shall notify the other party of said application. Twenty days after mailing of said notice the court may enter its order authorizing disposition of exhibits.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 2, 1993; redes. Rule 3 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 4. Docket and index

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.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 3, 1993; redes. Rule 4 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 5. Form and quality of paper filed

Rule 5. Form and quality of paper filed.
(a) All papers, except the Uniform Complaint and Notice to Appear, shall be written in ink or typed on a good grade of white paper 8 1/2" by 11" in size.
(b) At the upper left margin of the first page of all papers filed with the court, shall be the name, address and telephone number of the responsible attorney or party. Below the responsible party information shall appear the title of the court, the case title and the docket number.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 4, 1993; redes. Rule 5 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 6. Motions

Rule 6. Motions.
(a) All motions or application for orders in civil or criminal cases must be made in writing as required by Rule 9 of the Montana Justice and City Court Rules of Civil Procedure. This rule does not apply to motions made during the progress of a trial.
(b) At the time of filing the motion, there shall be filed supporting affidavits or documents, if referred to in the motion or notice of motion.
(c) Failure to file briefs may subject the motion to summary ruling. Failure to file a brief within five days by the moving party shall be deemed an admission that the motion is without merit. Failure to file an answer brief by the adverse party within ten days shall be deemed an admission that the motion is well taken. Reply briefs are optional and failure to file will not subject a motion to summary ruling.
(d) The court may order oral argument on the motion.
(e) Unless oral argument is ordered, or unless the time is enlarged by the court, the motion is deemed submitted at the expiration of the applicable time limits.
(f) The requirement of a brief is fulfilled by a written statement or summary setting forth the facts and basis of the motion. The brief may be made a part of or attached to the motion.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 5, 1993; redes. Rule 6 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 7. Ex parte matters

Rule 7. Ex parte matters.
All requests for extension of time or continuances and other permissible ex parte matters shall be in writing. The request must provide that the opposing party has been contacted and given reasonable notice of:
(a) the time and place of the ex parte conference or meeting,
(b) the substance of the order sought, and
(c) whether the party opposes the matter.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 6, 1993; redes. Rule 7 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 8. Presenting orders etc

Rule 8. Presenting orders etc.
(a) It shall be the duty of a party obtaining any order, judgment, warrant, summons, subpoena or like order to present the same in written form for the signature of the judge at the time of applying for the same.
(b) Two copies of any order, warrant, summons, subpoena, or like order requiring service shall be presented to the judge for signature, both shall be signed by the judge as original orders. One shall be retained as part of the court file, and the other used for service and returned to the court after service.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 7, 1993; redes. Rule 8 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 9. Witnesses subpoenas

Rule 9. Witnesses subpoenas.
(a) When a case is set for trial the parties shall file with the court a written request for subpoenas for all known witnesses, and for any additional witnesses as soon as they are ascertained.
(b) The requesting party shall cause the subpoenas to be served as provided by law.
(c) No motion for continuance will be entertained unless a substantial compliance with this rule is shown.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 8, 1993; redes. Rule 9 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 10. Duty to make service

Rule 10. Duty to make service.
(a) It shall be the duty of the parties when personal service is required of an order, warrant, summons, subpoenas, or any such order, to cause it to be delivered to the chief of police, sheriff or other qualified person for service.
(b) It shall be the duty of the parties in all cases to simultaneously serve their adversaries with a copy of all motions, pleas and briefs on the same day as filing with the court.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 9, 1993; redes. Rule 10 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 11. Filing of discovery

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.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; amd. Sup. Ct. Ord. Aug. 31, 1994; Rule 10, 1993; redes. Rule 11 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 12. Request for jury trial

Rule 12. Request for jury trial.
A request for a jury trial made within seven (7) days of the time set for trial may be treated by the court as a motion for continuance and the trial date vacated and reset.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 11, 1993; redes. Rule 12 by Sup. Ct. Ord. Aug. 31, 1994.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 24. Montana Uniform Rules for the Justice and City Courts › Part 1. Rules › Rule 13. Decorum

Rule 13. Decorum.
(a) When the court convenes all persons in attendance in the courtroom shall rise until the judge has taken the bench.
(b) The judge of the court shall, when presiding in open court, wear judicial robes.
(c) All persons shall, when in the courtroom, wear appropriate clothing.
History: En. Sup. Ct. Ord. Mar. 25, 1993, eff. June 1, 1993; Rule 12, 1993; redes. Rule 13 by Sup. Ct. Ord. Aug. 31, 1994.