Title 25, Title 25

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 J…

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…

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 …

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 join…

ANSWER TO COMPLAINT SET FORTH IN FORM 7,WITH COUNTERCLAIM FOR INTERPLEADER DEFENSE Defendant denies the allegations of the complaint to the extent set forth in the counterclaim herein. COUNTERCLAIM FOR INTERPLEADER 1. Defendant received the sum of ten thousand dollars as a deposi…

A.B., Plaintiff, vs. C.D., Defendant, andCivil No.... Third-Party Plaintiff,THIRD-PARTY SUMMONS vs. E.F., Third-Party Defendant. To: (name the third-party defendant): A lawsuit has been filed against defendant ________________, who as third-party plaintiff is making this claim ag…

WAIVE SERVICE OF A SUMMONS A.B., Plaintiff,Civil No...... vs.NOTICE OF A LAWSUIT AND REQUEST TO C.D., Defendant.ACKNOWLEDGE AND WAIVE SERVICE OF A SUMMONS To: (name of defendant--or if the defendant is a corporation, partnership or association name, an officer or agent authorized…

A.B., Plaintiff,Civil No. . . . vs.ACKNOWLEDGMENT AND WAIVER OF C.D., Defendant.SERVICE OF A SUMMONS To: (name of plaintiff's attorney or the unrepresented plaintiff): I have received your request to acknowledge and waive service of a summons in this action along with a copy of t…

MOTION TO INTERVENE AS ADEFENDANT UNDER RULE 24 A.B., Plaintiff,MOTION TO vs.INTERVENE C.D., Defendant,AS A E.F., Applicant forDEFENDANT InterventionCivil No... E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in the attac…

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 …

MOTION FOR PRODUCTION, ETC.,UNDER RULE 34 Repealed by Sup. Ct. Ord. No. AF 07-0157, January 31, 2012.

Plaintiff A.B. requests defendant C.D. within .... days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following …

ALLEGATION OF REASON FOR OMITTINGNECESSARY PARTY John Doe named in this complaint is not made a party to this action [because Doe is not subject to the jurisdiction of this court]; or [for reasons stated].

We the undersigned jointly and severally acknowledge that we and our personal representatives are jointly bound to pay to (respondent) the sum of $..... (Appellant) has appealed from that certain judgment (or order) (insert descriptive facts) and has obtained an order staying exe…

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.

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.

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.

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 .... …

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.

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 prevent…

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 pu…

These rules govern the procedure in all civil actions and proceedings in the district courts of the state of Montana, including probate proceedings, unless specifically provided to the contrary in the Uniform Probate Code; and except as stated in Rule 81. They should be construed…

(a) Caption; Names of Parties. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer g…

(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name -- or by a party personally if the party is unrepresented. The paper must state the signer's address, email address, and telephone number, if an…

(a) Time to Serve a Responsive Pleading. (1) In General. Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer within 21 days after being served with the summons and complaint, un…

(a) Compulsory Counterclaim. (1) In General. A pleading must state as a counterclaim any claim that -- at the time of its service -- the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing …

(a) When a Defending Party May Bring in a Third Party. (1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party …

(a) Amendments before Trial. (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it; or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleadin…

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as: (1) expediting disposition of the action; (2) establishing early and continuing control so th…

(a) Real Party in Interest. (1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) an executor; (B) an administrator; (C) …

(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. (b) Joinder of Contingent Claims. A party may join two claims even though one of them is c…

(a) Persons Required to be Joined if Feasible. (1) Required Party. A person who is subject to service of process must be joined as a party if: (A) in that person's absence, the court cannot accord complete relief among existing parties; or (B) that person claims an interest relat…

There is one form of action -- the civil action.

(a) Persons Who May Join or Be Joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or o…

Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

(a) Joinder, cross-claim, or counterclaim. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though: (A) the claims of the several cla…

(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims o…

(a) Prerequisites. This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. The derivative action ma…

This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of…

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who: (1) is given an unconditional right to intervene by statute; or (2) claims an interest relating to the property or transaction which is the subject of the action, and is so situated that d…

(a) Death. (1) Substitution if the Claim is not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motio…

(a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and o…

(a) Before an Action is Filed. (1) Petition. A person who wants to perpetuate testimony about any matter cognizable in any district court of the state of Montana may file a verified petition in the district court for the district where any expected adverse party resides. The peti…

(a) Within the United States. (1) Within Montana. Within the state of Montana, a deposition must be taken before: (A) an officer authorized by the laws of this state to administer oaths; or (B) a person appointed by the court in which the action is pending to administer oaths and…

Unless the court orders otherwise, the parties may stipulate that: (a) a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified -- in which event it may be used in the same way as any other deposition; and (b) other procedures …

A civil action is commenced by filing a complaint with the court.