Montana Statutes

TITLE 25. CIVIL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS
- Part 1. Civil Actions -- Form and Commencement
- Part 2. Fees
- Part 3. Time
- Part 4. Undertakings for Security
- Part 5. Notice to Attorney General
CHAPTER 10. COSTS
- Part 1. Imposition of Costs
- Part 2. Allowable Costs
- Part 3. Attorney Fees
- Part 4. Officers' Fees, Prepayment
- Part 5. Claiming Costs
- Part 6. Security for Costs
- Part 7. Payment of Costs by Governmental Entities
CHAPTER 11. NEW TRIAL
- Part 1. General Provisions
CHAPTER 12. APPEAL TO SUPREME COURT
- Part 1. General Provisions
CHAPTER 13. EXECUTION OF JUDGMENT
- Part 1. Right to Enforcement of Judgment
- Part 2. Method of Enforcement
- Part 3. Contents of Writ
- Part 4. Execution and Return of Writ
- Part 5. Property Subject to Execution
- Part 6. Property Exempt From Execution
- Part 7. Sale on Execution
- Part 8. Redemption of Real Property
- Part 9. Disposal of Foreclosed Agricultural Land (Terminated)
CHAPTER 14. PROCEEDINGS IN AID OF EXECUTION
- Part 1. Proceedings to Determine Availability of Property
- Part 2. Appointment of Receiver
- Part 3. Discharge of Imprisoned Judgment Debtor
CHAPTER 15. LIABILITY OF JOINT DEBTORS
- Part 1. Applying Judgment to Joint Debtor
- Part 2. Discharge of Joint Debtor
CHAPTER 19. UNIFORM DISTRICT COURT RULES
- Part .
CHAPTER 2. VENUE
- Part 1. Proper Place of Trial -- Venue
- Part 2. Change of Venue
CHAPTER 20. RULES OF CIVIL PROCEDURE
- Part I. Scope of Rules -- One Form of Action
- Part II. Commencement of Action -- Service of Process, Pleadings, Motions, and Orders
- Part III. Pleadings and Motions
- Part IV. Parties
- Part IX. Appeals
- Part V. Depositions and Discovery
- Part VI. Trials
- Part VII. Judgment
- Part VIII. Provisional and Final Remedies and Special Proceedings
- Part X. District Courts and Clerks
- Part XI. General Provisions
CHAPTER 21. RULES OF APPELLATE PROCEDURE
- Rule 1. Title and scope.
- Rule 2. Parties - amicus curiae - captions.
- Rule 3. Interpretation of time requirements.
- Rule 4. How and when to take an appeal or cross-appeal.
- Rule 5. Proceeding without the required filing fee.
- Rule 6. Application of these rules.
- Rule 7. Mandatory appellate alternative dispute resolution.
- Rule 8. The record.
- Rule 9. Transmission of the record and other matters relating to the record on appeal.
- Rule 10. Filing and service of papers - generally.
- Rule 11. Form of briefs and other papers - duplication.
- Rule 12. Briefs.
- Rule 13. Filing and service of briefs.
- Rule 14. Jurisdiction - extraordinary writs - supervisory control - original proceedings.
- Rule 15. Certification of questions of law.
- Rule 16. Motions.
- Rule 17. Oral arguments.
- Rule 18. Media access to court proceedings.
- Rule 19. Relief.
- Rule 20. Petitions for rehearing.
- Rule 21. Remittitur.
- Rule 22. Stay of judgment or order pending appeal.
- Rule 23. Undertaking for costs on appeal.
- Rule 24. Sureties.
- Rule 25. Substitution of parties in civil cases - acts of personal representatives or guardians when appointment vacated.
- Rule 26. Extension of time.
- Rule 27. Notice involving constitutional questions where the state is not a party.
- Rule 28. Minutes of supreme court.
- Rule 29. Suspension of the rules.
CHAPTER 22. MONTANA JUSTICE COURTS RULES OF CIVIL PROCEDURE (Superseded. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990)
CHAPTER 23. MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE
- Rule 1. Scope of rules.
- Rule 2. Commencement of action.
- Rule 3. Place of trial or venue.
- Rule 4. Persons -- jurisdiction -- process -- service.
- Rule 5. Service and filing of pleadings and other papers, excluding summons.
- Rule 6. Time.
- Rule 7. Pleadings allowed.
- Rule 8. Amendment of pleadings.
- Rule 9. Motions and other papers.
- Rule 10. Naming of parties to action.
- Rule 11. Substitution of parties.
- Rule 12. Joinder of claims and parties necessary for just adjudication.
- Rule 13. Discovery.
- Rule 14. Pretrial conferences.
- Rule 15. Right to jury trial.
- Rule 16. Failure to appear or proceed.
- Rule 17. Costs.
- Rule 18. Jury.
- Rule 19. Order of trial.
- Rule 20. Notice of trial.
- Rule 21. Entry of judgment.
- Rule 22. Relief from judgment.
- Rule 23. Execution.
- Rule 24. Appeal to district court.
CHAPTER 24. MONTANA UNIFORM RULES FOR THE JUSTICE AND CITY COURTS
- Rule 1. Scope of rules.
- Rule 2. Multi-judge courts -- allocation of cases.
- Rule 3. Files and exhibits.
- Rule 4. Docket and index.
- Rule 5. Form and quality of paper filed.
- Rule 6. Motions.
- Rule 7. Ex parte matters.
- Rule 8. Presenting orders etc.
- Rule 9. Witnesses subpoenas.
- Rule 10. Duty to make service.
- Rule 11. Filing of discovery.
- Rule 12. Request for jury trial.
- Rule 13. Decorum.
- Rule 14. Representation.
- Rule 15. Office hours.
- Rule 16. Pre-trial conference.
- Rule 17. Payment of bonds.
- Rule 18. Continuances.
- Rule 19. Jury instructions.
- Rule 20. Voir dire.
- Rule 21. Time computation.
CHAPTER 3. SERVICE OF PROCESS AND OTHER PAPERS
- Part 1. General Provisions
- Part 2. Service by an Officer
- Part 3. Return of Service
- Part 4. Service of Papers After Defendant's Appearance
- Part 5. Alternative Methods of Service
- Part 6. Service on Secretary of State -- Nonresident Motorists
CHAPTER 30. PROCEDURE IN MUNICIPAL COURTS
- Part 1. General Provisions
- Part 2100. MONTANA UNIFORM MUNICIPAL COURT RULES OF APPEAL TO DISTRICT COURT I. Applicability of Rules
- Part 2200. II. Appeals From Municipal Court Judgments
- Part 2300. III. Appeals in Forma Pauperis
- Part 2400. IV. General Provisions
CHAPTER 31. PROCEDURE IN JUSTICES' COURTS
- Part 1. General Provisions
- Part 10. Costs
- Part 11. Execution of Judgment
- Part 2. Venue
- Part 3. Change of Venue (Repealed)
- Part 4. Commencement of Action -- Summons
- Part 5. Pleadings
- Part 6. Parties
- Part 7. Time of Trial -- Postponements
- Part 8. Trial
- Part 9. Judgment
CHAPTER 32. PROCEDURE IN CITY COURTS (Repealed)
- Part 1. General Provisions (Repealed)
CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS
- Part 1. Filing the Appeal
- Part 2. Undertaking on Appeal -- Stay of Execution
- Part 3. Proceedings in District Court
CHAPTER 34. SMALL CLAIMS PROCEDURE -- DISTRICT COURT (Repealed)
- Part 1. General Provisions -- Jurisdiction (Repealed)
- Part 2. Procedure Before Trial (Repealed)
- Part 3. The Trial (Repealed)
- Part 4. Judgment -- Appeal (Repealed)
CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT
- Part 1. General Provisions -- Jurisdiction (Repealed)
- Part 2. Procedure Before Trial (Repealed)
- Part 3. The Trial (Repealed)
- Part 4. Judgment -- Appeal (Repealed)
- Part 5. General Provisions
- Part 6. Procedure Before Trial
- Part 7. The Trial
- Part 8. Judgment -- Appeal
CHAPTER 4. PLEADINGS, MOTIONS, AND OTHER PAPERS
- Part 1. General Provisions
- Part 2. Pleadings in General
- Part 3. Pleading Special Matters
- Part 4. Counterclaim and Cross-Claim
- Part 5. Motion to Postpone Trial
- Part 6. Procedure After Claims Partially Admitted
CHAPTER 5. PARTIES
- Part 1. Designation of Parties
- Part 2. Capacity to Be a Party -- Joinder
- Part 3. Guardian Ad Litem
CHAPTER 7. TRIALS
- Part 1. Issues -- Mode of Trial
- Part 2. Selection of Jury
- Part 3. Order and Conduct of Trial by Jury
- Part 4. Conduct of Jury
- Part 5. Jury's Verdict
- Part 6. Trial by the Court
- Part 7. Referees
CHAPTER 8. DEPOSIT IN COURT -- DELIVERY TO PARTY
- Part 1. General Provisions
CHAPTER 9. JUDGMENT
- Part 1. General Provisions
- Part 2. Contents of Judgment
- Part 3. Entry of Judgment and Satisfaction -- Lien
- Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations
- Part 5. Uniform Enforcement of Foreign Judgments
- Part 6. Uniform Foreign-Country Money Judgments Recognition Act
- Part 7. Uniform Foreign-Money Claims Act
- Part 8. Foreign Capital Depository -- Asset Protection (Repealed)