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
- Rule 3. Commencement of action.
- Rule 4. Persons subject to jurisdiction -- process -- service
- Rule 4A. Definition of person.
- Rule 4B. Jurisdiction of persons.
- Rule 4C. Process.
- Rule 4D. Service.
- Rule 4E. Time limit for issuance and service of process.
- Rule 5. Service and filing of pleadings and other papers
- Rule 5(a). Service -- when required.
- Rule 5(b). Service -- how made.
- Rule 5(c). Service -- numerous defendants.
- Rule 5(d). Filing; certificate of service.
- Rule 5(e). Filing with the court defined.
- Rule 5(f). Proof of service.
- Rule 6. Time
- Rule 6(a). Computation.
- Rule 6(b). Enlargement.
- Rule 6(c). Unaffected by expiration of term.
- Rule 6(d). For motions -- affidavits.
- Rule 6(e). Additional time after service by mail.
- Part III. Pleadings and Motions
- Rule 7. Pleadings allowed -- form of motions
- Rule 7(a). Pleadings.
- Rule 7(b). Motions and other papers.
- Rule 7(c). Demurrers, pleas, etc., abolished.
- Rule 8. General rules of pleading
- Rule 8(a). Claims for relief.
- Rule 8(b). Defenses -- form of denials.
- Rule 8(c). Affirmative defenses.
- Rule 8(d). Effect of failure to deny.
- Rule 8(e). Pleading to be concise and direct -- consistency.
- Rule 8(f). Construction of pleadings.
- Rule 9. Pleading special matters
- Rule 9(a). Capacity.
- Rule 9(b). Fraud, mistake, condition of the mind.
- Rule 9(c). Conditions precedent.
- Rule 9(d). Official document, act, ordinance or statute.
- Rule 9(e). Judgment.
- Rule 9(f). Time and place.
- Rule 9(g). Special damage.
- Rule 10. Form of pleadings
- Rule 10(a). Caption -- names of parties.
- Rule 10(b). Paragraphs -- separate statements.
- Rule 10(c). Adoption by reference -- exhibits.
- Rule 11. Signing of pleadings, motions, and other papers -- sanctions.
- Rule 12. Defenses and objections -- when and how presented -- by pleading or motion -- motion for judgment on pleadings
- Rule 12(a). When presented.
- Rule 12(b). How presented.
- Rule 12(c). Motion for judgment on the pleadings.
- Rule 12(d). Preliminary hearings.
- Rule 12(e). Motion for more definite statement.
- Rule 12(f). Motion to strike.
- Rule 12(g). Consolidation of defenses in motion.
- Rule 12(h). Waiver or preservation of certain defenses.
- Rule 13. Counterclaim and cross-claim
- Rule 13(a). Compulsory counterclaims.
- Rule 13(b). Permissive counterclaims.
- Rule 13(c). Counterclaim exceeding opposing claim.
- Rule 13(d). Counterclaim against the state.
- Rule 13(e). Counterclaim maturing or acquired after pleading.
- Rule 13(f). Omitted counterclaim.
- Rule 13(g). Cross-claim against coparty.
- Rule 13(h). Joinder of additional parties.
- Rule 13(i). Separate trials -- separate judgment.
- Rule 14. Third-party practice
- Rule 14(a). When defendant may bring in third party.
- Rule 14(b). When plaintiff may bring in third party.
- Rule 15. Amended and supplemental pleadings
- Rule 15(a). Amendments.
- Rule 15(b). Amendments to conform to the evidence.
- Rule 15(c). Relation back of amendments.
- Rule 15(d). Supplemental pleadings.
- Rule 16. Pretrial conferences -- scheduling -- management
- Rule 16(a). Pretrial conferences -- objectives.
- Rule 16(b). Scheduling and planning.
- Rule 16(c). Subjects to be discussed at pretrial conferences.
- Rule 16(d). Final pretrial conference.
- Rule 16(e). Pretrial orders.
- Rule 16(f). Sanctions.
- Part IV. Parties
- Rule 17. Parties plaintiff and defendant -- capacity
- Rule 17(a). Real party in interest.
- Rule 17(b). Capacity to sue or be sued.
- Rule 17(c). Infants or incompetent persons.
- Rule 18. Joinder of claims and remedies
- Rule 18(a). Joinder of claims.
- Rule 18(b). Joinder of remedies -- fraudulent conveyances.
- Rule 19. Joinder of persons needed for just adjudication
- Rule 19(a). Persons to be joined if feasible.
- Rule 19(b). Determination by court of whenever joinder not feasible.
- Rule 19(c). Pleading reasons for nonjoinder.
- Rule 19(d). Exception of class actions.
- Rule 20. Permissive joinder of parties
- Rule 20(a). Permissive joinder.
- Rule 20(b). Separate trials.
- Rule 21. Misjoinder and nonjoinder of parties.
- Rule 22. Interpleader
- Rule 22(a). By joinder, cross-claim or counterclaim.
- Rule 22(b). By substitution.
- Rule 23. Class actions
- Rule 23(a). Prerequisites to a class action.
- Rule 23(b). Class actions maintainable.
- Rule 23(c). Determination by order whether class action to be maintained -- notice -- judgment -- actions conducted partially as class actions.
- Rule 23(d). Order in conduct of actions.
- Rule 23(e). Dismissal or compromise.
- Rule 23(f). Security for costs.
- Rule 23.1. Derivative actions by shareholders.
- Rule 23.2. Actions relating to unincorporated associations.
- Rule 24. Intervention
- Rule 24(a). Intervention of right.
- Rule 24(b). Permissive intervention.
- Rule 24(c). Procedure.
- Rule 24(d). Cases involving constitutional questions where the state is not a party.
- Rule 25. Substitution of parties
- Rule 25(a). Death.
- Rule 25(b). Incompetency.
- Rule 25(c). Transfer of interest.
- Rule 25(d). Public officers -- death or separation from office.
- Part IX. Appeals
- Part V. Depositions and Discovery
- Rule 26. General provisions governing discovery
- Rule 26(a). Discovery methods.
- Rule 26(b). Discovery scope and limits.
- Rule 26(c). Protective orders.
- Rule 26(d). Sequence and timing of discovery.
- Rule 26(e). Supplementation of responses.
- Rule 26(f). Discovery conference.
- Rule 26(g). Signing of discovery requests, responses, and objections.
- Rule 27. Depositions before action or pending appeal
- Rule 27(a). Before action.
- Rule 27(b). Pending appeal.
- Rule 27(c). Perpetuation by petition.
- Rule 28. Persons before whom depositions may be taken
- Rule 28(a). Within the United States.
- Rule 28(b). In foreign countries.
- Rule 28(c). Disqualification for interest.
- Rule 28(d). Depositions to be used in other states.
- Rule 28(e). Deposition to be taken in sister states and foreign countries for use in this state.
- Rule 29. Stipulations regarding discovery procedure.
- Rule 30. Depositions upon oral examination
- Rule 30(a). When depositions may be taken.
- Rule 30(b). Notice of examination; general requirements -- special notice -- nonstenographic recording -- production of documents and things -- deposition of organization -- deposition by telephone --
- Rule 30(c). Examination and cross-examination -- record of examination -- oath -- objections.
- Rule 30(d). Schedule and duration; motion to terminate or limit examination.
- Rule 30(e). Submission to witness -- changes -- signing.
- Rule 30(f). Certification by officer -- exhibits -- copies -- notice of receipt.
- Rule 30(g). Failure to attend or to serve subpoena -- expenses.
- Rule 30(h). Audio-visual and tape recorded depositions.
- Rule 31. Depositions upon written questions
- Rule 31(a). Serving questions -- notice.
- Rule 31(b). Officer to take responses and prepare record.
- Rule 31(c). Notice of receipt.
- Rule 32. Use of depositions in court proceedings
- Rule 32(a). Use of depositions.
- Rule 32(b). Objections to admissibility.
- Rule 32(c). Deleted.
- Rule 32(d). Effect of errors and irregularities in depositions.
- Rule 33. Interrogatories to parties
- Rule 33(a). Availability -- procedures for use -- limitations.
- Rule 33(b). Scope -- use at trial.
- Rule 33(c). Option to produce business records.
- Rule 34. Production of documents and things and entry upon land for inspection and other purposes
- Rule 34(a). Scope.
- Rule 34(b). Procedure.
- Rule 34(c). Persons not parties.
- Rule 35. Physical and mental examination of persons
- Rule 35(a). Order for examination.
- Rule 35(b). Report of examiner.
- Rule 35(c). Repealed.
- Rule 36. Requests for admissions
- Rule 36(a). Request for admission.
- Rule 36(b). Effect of admission.
- Rule 37. Failure to make discovery: sanctions
- Rule 37(a). Motion for order compelling discovery.
- Rule 37(b). Failure to comply with order.
- Rule 37(c). Expenses on failure to admit.
- Rule 37(d). Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.
- Rule 37(e). Electronically stored information.
- Rule 37(g). Failure to participate in the framing of a discovery plan.
- Part VI. Trials
- Rule 38. Jury trial of right
- Rule 38(a). Right reserved.
- Rule 38(b). Demand.
- Rule 38(c). [Demand] -- specification of issues.
- Rule 38(d). Waiver.
- Rule 39. Trial by jury or by the court
- Rule 39(a). By jury.
- Rule 39(b). By the court.
- Rule 39(c). Advisory jury and trial by consent.
- Rule 40. Assignment of cases for trial.
- Rule 41. Dismissal of actions
- Rule 41(a). Voluntary dismissal -- effect thereof.
- Rule 41(b). Involuntary dismissal -- effect thereof.
- Rule 41(c). Dismissal of counterclaim, cross-claim, or third-party claim.
- Rule 41(d). Costs of previously-dismissed action.
- Rule 41(e). Deleted.
- Rule 42. Consolidation -- separate trials
- Rule 42(a). Consolidation.
- Rule 42(b). Separate trials.
- Rule 43. Evidence
- Rule 43(b). Deleted.
- Rule 43(c). Deleted.
- Rule 43(d). Affirmation in lieu of oath.
- Rule 43(e). Evidence on motions.
- Rule 43(f). Interpreters.
- Rule 44. Proof of official record
- Rule 44(a). Authentication.
- Rule 44(b). Lack of record.
- Rule 44(c). Other proof.
- Rule 44.1. Determination of foreign law.
- Rule 45. Subpoena
- Rule 45(a). Form--issuance.
- Rule 45(b). Service.
- Rule 45(c). Protection of persons subject to or affected by subpoenas.
- Rule 45(d). Duties in responding to subpoena.
- Rule 45(e). Contempt.
- Rule 46. Exceptions unnecessary.
- Rule 47. Jurors
- Rule 47(a). Examination of jurors.
- Rule 47(b). Manner of selection and order of examination of jurors.
- Rule 47(c). Alternate jurors.
- Rule 48. Juries -- verdict.
- Rule 49. Special verdicts and interrogatories
- Rule 49(a). Special verdicts.
- Rule 49(b). General verdict accompanied by answer to interrogatories.
- Rule 50. Judgment as a matter of law in actions tried by jury; alternative motion for new trial; conditional rulings
- Rule 50(a). Judgment as a matter of law.
- Rule 50(b). Renewal of motion for judgment after trial; alternative motion for new trial.
- Rule 50(c). Conditional rulings on grant of motion for judgment as a matter of law.
- Rule 50(d). Denial of motion for judgment as a matter of law.
- Rule 51. Instructions to jury -- objection.
- Rule 52. Findings by the court; judgment on partial findings
- Rule 52(a). Effect.
- Rule 52(b). Amendment.
- Rule 52(c). Judgment on partial findings.
- Rule 52(d). Time for determining motions.
- Rule 53. Masters
- Rule 53(a). Appointment and compensation.
- Rule 53(b). Reference.
- Rule 53(c). Powers.
- Rule 53(d). Proceedings.
- Rule 53(e). Report.
- Part VII. Judgment
- Rule 54. Judgments -- costs
- Rule 54(a). Definition -- form.
- Rule 54(b). Judgment upon multiple claims or involving multiple parties.
- Rule 54(c). Demand for judgment.
- Rule 54(d). Costs.
- Rule 55. Default
- Rule 55(a). Entry.
- Rule 55(b). Judgment.
- Rule 55(c). Default -- setting aside -- extension of time by court or stipulation of parties.
- Rule 55(d). Plaintiffs, counterclaimants, cross-claimants.
- Rule 56. Summary judgment
- Rule 56(a). For claimant.
- Rule 56(b). For defending party.
- Rule 56(c). Motion and proceedings thereon.
- Rule 56(d). Case not fully adjudicated on motion.
- Rule 56(e). Form of affidavits -- further testimony -- defense required.
- Rule 56(f). When affidavits are unavailable.
- Rule 56(g). Affidavits made in bad faith.
- Rule 57. Declaratory judgments.
- Rule 58. Entry of judgment.
- Rule 59. New trials -- amendment of judgment
- Rule 59(a). Grounds.
- Rule 59(b). Time for motion.
- Rule 59(c). Time for serving affidavits.
- Rule 59(d). Time for ruling on motion.
- Rule 59(e). On initiative of court.
- Rule 59(f). Order granting new trial.
- Rule 59(g). Motion to alter or amend a judgment.
- Rule 60. Relief from judgment or order
- Rule 60(a). Clerical mistakes.
- Rule 60(b). Mistakes -- inadvertence -- excusable neglect -- newly discovered evidence -- fraud, etc.
- Rule 60(c). Time for determining motions.
- Rule 61. Harmless error.
- Rule 62. Stay of proceedings to enforce a judgment
- Rule 62(a). Superseded.
- Rule 62(b). Stay on motion for new trial or for judgment.
- Rule 62(c). Injunction pending appeal.
- Rule 62(d). Superseded.
- Rule 62(e). Stay in favor of the state of Montana or agency thereof.
- Rule 62(g). Power of appellate court not limited.
- Rule 62(h). Stay of judgment upon multiple claims.
- Part VIII. Provisional and Final Remedies and Special Proceedings
- Part X. District Courts and Clerks
- Rule 77. District courts and clerk
- Rule 77(a). District courts always open.
- Rule 77(b). Trials and hearings -- orders in chambers.
- Rule 77(c). Clerk's office and orders by clerk.
- Rule 77(d). Notice of entry of judgment or order served.
- Rule 77(e). Transmittal of file on removal.
- Rule 80. Stenographer -- stenographic report or transcript as evidence.
- Part XI. General Provisions
- Rule 81. Applicability in general
- Rule 81(a). Special statutory proceedings.
- Rule 81(b). Appeals to district courts.
- Rule 81(c). Rules incorporated into statutes.
- Rule 82. Jurisdiction and venue unaffected.
- Rule 83. Rules by district courts.
- Rule 84. Forms.
- Rule 85. Title.
- Rule 86. Effective date -- statutes superseded
- Rule 86(a). Effective date and application to pending proceedings.
- Rule 86(b). Statutes superseded.