In actions under the provisions of this part, the forms of process, writs, pleadings, and motions and the practice and procedure, together with the right of appeal to the supreme court of the state of Montana, shall be the same as if the state of Montana were a private person, and provisions for counterclaim and setoff shall be the same as if the state of Montana were a private person.
Practice And Procedure
Mont. Code Ann. § 18-1-411, under Contract Actions Against the State.
Mont. Code Ann. § 18-1-411