reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VI. Trials › Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings

Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings.
(a) Findings and Conclusions.
(1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule 58.
(2) For an Interlocutory Injunction. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.
(3) For a Motion. The court is not required to state findings or conclusions when ruling on a motion unless these rules provide otherwise. When ruling on a motion under Rule 12 or 56, a court shall specify the grounds therefor with sufficient particularity as to apprise the parties and any appellate court of the rationale underlying the ruling. This may be done in the body of the order or in an attached opinion.
(4) Effect of a Master's Findings. A master's findings, to the extent adopted by the court, must be considered the court's findings.
(5) Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.
(6) Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
(b) Amended or Additional Findings. On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings -- or make additional findings -- and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.
(c) Judgment on Partial Finding. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52(a).
(d) Time for determining motions. Motions provided under subdivision (b) of this rule must be determined within the time provided by Rule 59 in the cases of motions for new trial and amendment of judgment and if the court fails to rule on the motion within the 60-day period, the motion must 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.
2023 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.
2023 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.
2023 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.
2023 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 address in a written order 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.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VII. Judgment › Rule 60. Relief from Judgment or Order

Rule 60. Relief from Judgment or Order.
(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the supreme court and while it is pending, such a mistake may be corrected only with the supreme court's leave.
(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under Rule 60(b) must be made within a reasonable time -- and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding. Motions provided by Rule 60(b) must be determined within the times provided by Rule 59 in the case of motions for new trials and amendment of judgment, and if the court shall fail to rule on the motion within the time frames set forth in Rule 59(f), the motion must be deemed denied. A motion filed under this rule shall follow the format set forth in Rule 59(b).
(2) Effect on Finality. The motion does not affect the judgment's finality or suspend its operation.
(d) Other Powers to Grant Relief. This rule does not limit a court's power to:
(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;
(2) grant relief to a defendant who was not personally notified of the action; or
(3) set aside a judgment for fraud on the court.
(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.
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.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VII. Judgment › Rule 61. Harmless Error

Rule 61. Harmless Error.
Unless justice requires otherwise, no error in admitting or excluding evidence -- or any other error by the court or a party -- is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party's substantial rights.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VII. Judgment › Rule 62.1. Indicative Rule on a Motion for Relief that is Barred by a Pending Appeal

Rule 62.1. Indicative Rule on a Motion for Relief that is Barred by a Pending Appeal.
(a) Relief Pending Appeal. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may:
(1) defer considering the motion;
(2) deny the motion; or
(3) state either that it would grant the motion if the supreme court remands for that purpose or that the motion raises a substantial issue.
(b) Notice to the Supreme Court. The movant must promptly notify the supreme court clerk if the district court states that it would grant the motion or that the motion raises a substantial issue.
(c) Remand. The district court may decide the motion if the supreme court remands for that purpose.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VII. Judgment › Rule 63. Judge's Inability to Proceed

Rule 63. Judge's Inability to Proceed.
(a) Replacement Judge May Proceed. If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party's request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.
(b) Chief Justice to Assign. The successor judge shall be assigned by the chief justice of the supreme court by written order and may be from a different district.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 64. Seizing a Person or Property

Rule 64. Seizing a Person or Property.
At the commencement of and during the course of an action, every remedy is available that provides for seizing a person or property to secure satisfaction of the potential judgment.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 65. Injunctions

Rule 65. Injunctions.
The procedure for granting restraining orders and temporary and permanent injunctions shall be as provided by statute.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 66. Receivers

Rule 66. Receivers.
These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. But the practice in administering an estate by a receiver or a similar court-appointed officer must accord with Montana statutes and the historical practice in Montana courts or local rule. An action in which a receiver has been appointed may be dismissed only by court order.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 67. Deposit into Court

Rule 67. Deposit into Court.
(a) Depositing Property. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party -- on notice to every other party and by leave of court -- may deposit with the court all or part of the money or thing, whether or not that party claims any of it. The depositing party must deliver to the clerk a copy of the order permitting deposit.
(b) Investing and Withdrawing Funds. Money paid into court under this rule must be deposited and withdrawn in accordance with the provisions of Title 25, Chapter 8.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 68. Offer of Judgment

Rule 68. Offer of Judgment.
(a) Making an Offer; Judgment on an Accepted Offer. More than 14 days before the trial begins, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
(b) Unaccepted Offer. An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.
(c) Offer after Liability is Determined. When one party's liability to another has been determined but the extent of liability remains to be determined by further proceedings, the party held liable may make an offer of judgment. It must be served within a reasonable time -- but at least 14 days -- before a hearing to determine the extent of liability.
(d) Paying Costs after an Unaccepted Offer. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 69. Execution

Rule 69. Execution.
The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of and supplementary to execution shall be in accordance with the statutes of the state of Montana. In aid of the judgment or execution, the judgment creditor or a successor in interest when that interest appears of record, may examine any person, including the judgment debtor, in the manner provided in these rules for taking depositions.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 70. Enforcing a Judgment for a Specific Act

Rule 70. Enforcing a Judgment for a Specific Act.
(a) Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done -- at the disobedient party's expense -- by another person appointed by the court. When done, the act has the same effect as if done by the party.
(b) Vesting Title. If the real or personal property is within the state, the court -- instead of ordering a conveyance -- may enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally-executed conveyance.
(c) Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the court may order the clerk to issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.
(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e) Holding in Contempt. The court may also hold the disobedient party in contempt.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part VIII. Provisional and Final Remedies and Special Proceedings › Rule 71. Enforcing Relief For or Against a Nonparty

Rule 71. Enforcing Relief For or Against a Nonparty.
When an order either grants relief to a nonparty or may be lawfully enforced against a nonparty, the procedure for enforcing the order is the same as for a party.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part IX. Appeals › Rule 72. Appeal from A District Court to the Supreme Court

Rule 72. Appeal from A District Court to the Supreme Court.
When an appeal is permitted by law from a district court to the supreme court of Montana, or in any case where original proceedings are commenced in the supreme court, such appeal or original proceeding shall be taken, perfected, and prosecuted pursuant to the provisions of the Montana Rules of Appellate Procedure and controlling statutes to the extent that they are not superseded by the Montana Rules of Appellate Procedure.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part X. District Courts and Clerks: Conducting Business; Issuing Orders › Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment

Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment.
(a) When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.
(b) Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the district. But no hearing -- other than one ex parte -- may be conducted outside the district unless all the affected parties consent.
(c) Clerk's Orders. Subject to the court's power to suspend, alter or rescind the clerk's action for good cause, the clerk may: (A) issue process; (B) enter a default; (C) enter a default judgment under Rule 55(b)(1); and (D) act on any other matter that does not require the court's action.
(d) Notice of Entry of Judgment or Order Served. Within 14 days after entry of judgment or an order in an action in which an appearance has been made, notice of such entry, together with a copy of such judgment or order or general description of the nature and amount of relief and damages thereby granted, shall be served by the prevailing party upon all parties who have made an appearance, but any other party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers.
(e) Transmittal of File on Removal. Upon the filing of a copy of the petition for removal of any state district court action to the district court of the United States, district of Montana, and a request in writing therefor, the clerk of such state district court shall promptly deliver to the clerk of court of the district court of the United States, district of Montana, all papers then in the original state court file, or theretofore issued and subsequently filed and shall keep in the state court file only the copy of the petition for removal and such papers as were filed with the request for removal.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part X. District Courts and Clerks: Conducting Business; Issuing Orders › Rule 80. Stenographic Transcript as Evidence

Rule 80. Stenographic Transcript as Evidence.
If stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified by the person who reported it.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 81. Applicability in General

Rule 81. Applicability in General.
(a) Appeals to District Courts. These rules do not supersede the provisions of statutes relating to appeals to or review by the district courts, but shall govern procedure and practice relating thereto insofar as these rules are not inconsistent with such statutes.
(b) Rules Incorporated into Statutes. Where any statute heretofore or hereafter enacted, whether or not applicable to a special statutory proceeding, provides that any act in a civil proceeding in a district court shall be done in the manner provided by law or as in a civil action or as provided by any statute superseded by these rules, such act shall be done in accordance with these rules and the procedure thereon shall conform to these rules, insofar as practicable.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 82. Jurisdiction and Venue Unaffected

Rule 82. Jurisdiction and Venue Unaffected.
Except as provided in Rule 4, these rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 83. Rules by District Courts

Rule 83. Rules by District Courts.
Each district court, upon agreement of the judges or a majority thereof, may from time to time make and amend rules governing its practice not inconsistent with these rules or other rules prescribed by the supreme court. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the supreme court of this state. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 84. Forms

Rule 84. Forms.
The forms in the Appendix suffice under these rules and illustrate the simplicity and brevity that these rules contemplate.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 85. Title

Rule 85. Title.
These rules shall be known as the Montana Rules of Civil Procedure and may be cited as M. R. Civ. P.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Part XI. General Provisions › Rule 86. Effective Date -- Statutes Superseded

Rule 86. Effective Date -- Statutes Superseded.
(a) In General. These rules and any amendments take effect at the time specified by the supreme court. They govern:
(1) proceedings in an action commenced after their effective date; and
(2) proceedings after that date in an action then pending unless:
(A) the supreme court specifies otherwise; or
(B) the court determines that applying them in a particular action would be unfeasible or work an injustice.
(b) October 1, 2011 Amendments. If any provision in Rules 1-86 conflicts with another law, priority in time for the purpose of section 3-2-706 is not affected by the amendments taking effect on October 1, 2011.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 1. SUMMONS -- OFFICIAL FORM

Form 1. SUMMONS -- OFFICIAL FORM
IN THE DISTRICT COURT OF THE ______________ JUDICIAL DISTRICT OF THE
STATE OF MONTANA, IN AND FOR THE COUNTY OF ________________
A.B., Plaintiff,Civil No. . . .
vs.SUMMONS
C.D., Defendant.
To:_____________________________________________
A lawsuit has been filed against you.
Within 21 days after service of this summons on you or (42 days if you are the State of Montana, a state agency, or a state officer or employee), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Montana Rules of Civil Procedure. Do not include the day you were served in your calculation of time. The answer or motion must be served on the plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney, whose name and address are listed above.
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
Date: _______________________CLERK OF THE DISTRICT COURT
(Seal) By: _________________________________
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 2. COMPLAINT ON A PROMISSORY NOTE

Form 2. COMPLAINT ON A PROMISSORY NOTE
1. Defendant on or about June 1, 1958, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1959, the sum of .... dollars with interest thereon at the rate of .... per cent per annum].1
1The pleader may use the material in one of the three sets of brackets. This choice will depend upon whether the pleader desires to plead the document verbatim, or by exhibit, or according to its legal effect.
2. Defendant owes to plaintiff the amount of said note and interest.
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 3. COMPLAINT ON AN ACCOUNT

Form 3. COMPLAINT ON AN ACCOUNT
Defendant owes plaintiff .... dollars according to the account hereto annexed as Exhibit A.
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED

Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED
Defendant owes plaintiff .... dollars for goods sold and delivered by plaintiff to defendant between June 1, 1959, and December 1, 1959.
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 5. COMPLAINT FOR MONEY LENT

Form 5. COMPLAINT FOR MONEY LENT
Defendant owes plaintiff .... dollars for money lent by plaintiff to defendant on June 1, 1959, which is now due.
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 6. COMPLAINT FOR MONEY PAID BY MISTAKE

Form 6. COMPLAINT FOR MONEY PAID BY MISTAKE
Defendant owes plaintiff .... dollars for money paid by plaintiff to defendant by mistake on June 1, 1959, under the following circumstances; (stating the circumstances with particularity. See Rule 9(b)).
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 7. COMPLAINT FOR MONEY HAD AND RECEIVED

Form 7. COMPLAINT FOR MONEY HAD AND RECEIVED
Defendant owes plaintiff $10,000 for money had and received from one G.H. on June 1, 1959, to be paid by defendant to plaintiff.
Wherefore plaintiff demands judgment against defendant for the sum of $10,000, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 8. COMPLAINT FOR NEGLIGENCE

Form 8. COMPLAINT FOR NEGLIGENCE
1. On June 1, 1959, in a public highway called State Street, in Helena, Montana, defendant negligently drove a motor vehicle against the plaintiff who was then crossing said highway.
2. As a result plaintiff's leg was broken when thrown down and was otherwise injured, was prevented from transacting business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in an amount to be determined at trial.
Wherefore plaintiff demands judgment against defendant in an amount to be determined at trial and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 9. COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C.D. or E.F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE PLAINTIFF'S EVIDENCE MAY JUSTIFY A FINDING OF WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE

Form 9. COMPLAINT FOR NEGLIGENCEWHERE PLAINTIFF IS UNABLE TO DETERMINEDEFINITELY WHETHER THE PERSON RESPONSIBLEIS C.D. or E.F. OR WHETHER BOTH ARE RESPONSIBLEAND WHERE PLAINTIFF'S EVIDENCE MAY JUSTIFY A FINDINGOF WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE
1. On June 1, 1959, in a public highway called State Street in Helena, Montana, defendant C.D. or defendant E.F., or both defendants C.D. and E.F. willfully or recklessly or negligently drove or caused to be driven a motor vehicle against the plaintiff who was then crossing said highway.
2. As a result plaintiff's leg was broken when thrown down and was otherwise injured, was prevented from transacting business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in an amount to be determined at trial.
Wherefore plaintiff demands judgment against C.D. or against E.F. or against both in an amount to be determined at trial and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 10. COMPLAINT FOR CONVERSION

Form 10. COMPLAINT FOR CONVERSION
On or about December 1, 1959, defendant converted to defendant's own use ten bonds of the .... Company (inserting brief identification as by number and issue) of the value of .... dollars, the property of plaintiff.
Wherefore plaintiff demands judgment against defendant in the sum of .... dollars, interest and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 11. COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND

Form 11. COMPLAINT FOR SPECIFIC PERFORMANCEOF CONTRACT TO CONVEY LAND
1. On or about December 1, 1958, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A.
2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.
3. Plaintiff now offers to pay the purchase price.
Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement; (2) damages in the sum of .... dollars; (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of .... dollars; and (4) judgment for costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)

Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SETASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)
1. Defendant C.D. on or about June 1, 1958, executed and delivered to plaintiff a promissory note (setting forth the note verbatim, or in substance and legal effect, or by annexing a copy, as in Form 2).
2. Defendant C.D. owes to plaintiff the amount of said note and interest.
3. Defendant C.D. on or about December 1, 1958, conveyed property, real and personal (or specify and describe) to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.
Wherefore plaintiff demands judgment (1) against defendant C.D. for .... dollars and interest; (2) that the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; (3) for plaintiff's costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERAL EMPLOYERS' LIABILITY ACT (45 U.S.C.A., 51-58)

Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERALEMPLOYERS' LIABILITY ACT (45 U.S.C.A., 51-58)
1. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at .... and known as Tunnel No. .....
2. On or about June 1, 1958, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.
3. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workers, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.
4. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (describing plaintiff's injuries).
5. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning .... dollars per day. By these injuries the plaintiff has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of .... dollars for medicine, medical attendance and hospitalization.
Wherefore plaintiff demands judgment against defendant in the sum of .... dollars and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 14. COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF

Form 14. COMPLAINT FOR INTERPLEADER ANDDECLARATORY RELIEF
1. On or about June 1, 1956, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of ten thousand dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1956, and annually thereafter as a condition precedent to its continuance in force.
2. No part of the premium due June 1, 1956, was ever paid and the policy ceased to have any force or effect on July 1, 1956.
3. Thereafter, on September 1, 1956, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding.
4. Defendant C.D. is the duly appointed and acting executor of the will of G.H.; defendant E.F. is the duly appointed and acting executor of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L.
5. Each of defendants C.D., E.F., and X.Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.
6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H.
Wherefore plaintiff demands that the court adjudge:
(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.
(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.
(3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
(4) That plaintiff recover its costs.
History: En. Sec. 80, Ch. 13, L. 1961.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 15. MOTION TO DISMISS

Form 15. MOTION TO DISMISS
The defendant moves the court as follows:
(1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
(2) To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Montana; (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B, respectively; (c) (etc.).)
.............................
Attorney for Defendant
.............................
Address
--------------------Notice of Motion
To: ......., Attorney for Plaintiff:
Please take notice, that the undersigned will bring the above motion for hearing before this court at the courtroom thereof in the Courthouse at ...., Montana, on the .... day of ...., 20.., at .... o'clock ....M. or as soon thereafter as counsel can be heard.
..................................
Attorney for Defendant
.................................
Address
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. Oct. 23, 2001, eff. Oct. 23, 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 20. Rules of Civil Procedure › Appendix of Forms › Form 16. ANSWER PRESENTING DEFENSES UNDER RULE 12(b)

Form 16. ANSWER PRESENTING DEFENSESUNDER RULE 12(b)
FIRST DEFENSE
The complaint fails to state a claim against defendant upon which relief can be granted.
SECOND DEFENSE
If defendant is indebted to plaintiffs for the goods mentioned in the complaint, the defendant is indebted to them jointly with G.H. G.H. is alive; is a citizen and resident of the State of Montana; is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party, but has not been made one.
THIRD DEFENSE
Defendant admits the allegation(s) contained in paragraph(s) .... of the complaint; alleges a lack of knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) .... of the complaint; and denies each and every other allegation contained in the complaint.
FOURTH DEFENSE
The right of action set forth in the complaint did not accrue within .... years next before the commencement of this action, and is therefore barred by the provisions of section (setting forth the particular section or subsection applicable thereto).
COUNTERCLAIM
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)
CROSS-CLAIM AGAINST DEFENDANT M.N.
(Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.)
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.