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Montana Statutes, Title 25

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Montana/Statutes

← All Montana coverage

Title 25, Title 25

27 chapters · 687 sections in this title.

All chapters in Title 25687 Ch 20, RULES OF CIVIL PROCEDURE114 Ch 13, EXECUTION OF JUDGMENT71 Ch 9, JUDGMENT56 Ch 21, RULES OF APPELLATE PROCEDURE40 Ch 10, COSTS37 Ch 7, TRIALS36 Ch 31, PROCEDURE IN JUSTICES' COURTS36 Ch 4, PLEADINGS, MOTIONS, AND OTHER PAPERS26 Ch 14, PROCEEDINGS IN AID OF EXECUTION25 Ch 35, SMALL CLAIMS PROCEDURE -- JUSTICE'S …25 Ch 23, MONTANA JUSTICE AND CITY COURT RULES…24 Ch 3, SERVICE OF PROCESS AND OTHER PAPERS23 Ch 30A, MONTANA UNIFORM MUNICIPAL COURT RULE…23 Ch 2, VENUE21

687 sections·Filtered byTitle 25✕

Mont. Code Ann. tit. 25, ch. 20, Rule 64 Seizing A Person Or Property
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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.
Mont. Code Ann. tit. 25, ch. 20, Rule 65 Injunctions
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The procedure for granting restraining orders and temporary and permanent injunctions shall be as provided by statute.
Mont. Code Ann. tit. 25, ch. 20, Rule 66 Receivers
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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 cou…
Mont. Code Ann. tit. 25, ch. 20, Rule 67 Deposit Into Court
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(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, whe…

Showing 451–500 of 687

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Mont. Code Ann. tit. 25, ch. 20, Rule 68 Offer Of Judgment

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(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 o…

Mont. Code Ann. tit. 25, ch. 20, Rule 69 Execution

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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…

Mont. Code Ann. tit. 25, ch. 20, Rule 7 Pleadings Allowed; Form Of Motions And Other Papers

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(a) Pleadings. Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court…

Mont. Code Ann. tit. 25, ch. 20, Rule 7.1 Disclosure Statement

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(a) Who Must File; Contents. A nongovernmental corporate party must file and serve a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states that there is no such corporation. (b) Time to Fi…

Mont. Code Ann. tit. 25, ch. 20, Rule 70 Enforcing A Judgment For A Specific Act

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(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 …

Mont. Code Ann. tit. 25, ch. 20, Rule 71 Enforcing Relief For Or Against A Nonparty

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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.

Mont. Code Ann. tit. 25, ch. 20, Rule 72 Appeal From A District Court To The Supreme Court

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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 M…

Mont. Code Ann. tit. 25, ch. 20, Rule 77 Conducting Business; Clerk's Authority; Notice Of An Order Or Judgment

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(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 c…

Mont. Code Ann. tit. 25, ch. 20, Rule 8 General Rules Of Pleading

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(a) Claim for Relief. A pleading which states a claim for relief must contain: (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for the relief sought, which may include relief in the alternative or different types of re…

Mont. Code Ann. tit. 25, ch. 20, Rule 80 Stenographic Transcript As Evidence

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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.

Mont. Code Ann. tit. 25, ch. 20, Rule 81 Applicability In General

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(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 Inco…

Mont. Code Ann. tit. 25, ch. 20, Rule 82 Jurisdiction And Venue Unaffected

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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.

Mont. Code Ann. tit. 25, ch. 20, Rule 83 Rules By District Courts

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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 cour…

Mont. Code Ann. tit. 25, ch. 20, Rule 84 Forms

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The forms in the Appendix suffice under these rules and illustrate the simplicity and brevity that these rules contemplate.

Mont. Code Ann. tit. 25, ch. 20, Rule 85 Title

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These rules shall be known as the Montana Rules of Civil Procedure and may be cited as M. R. Civ. P.

Mont. Code Ann. tit. 25, ch. 20, Rule 86 Effective Date -- Statutes Superseded

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(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 speci…

Mont. Code Ann. tit. 25, ch. 20, Rule 9 Pleading Special Matters

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(a) Capacity or Authority to Sue; Legal Existence. (1) In General. A pleading need not allege: (A) a party's capacity to sue or be sued; (B) a party's authority to sue or be sued in a representative capacity; or (C) the legal existence of an organized association of persons that …

Mont. Code Ann. tit. 25, ch. 21, Form 1 Form 1

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ (To be assigned by the Clerk of the Supreme Court) __________________________________Attorney for________________________Address___________________________Phone____________________________Fax__________…

Mont. Code Ann. tit. 25, ch. 21, Form 1A Form 1a

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ __________________________________ Attorney for________________________ Address___________________________ Phone____________________________ Fax_______________________________ E-mail___________________…

Mont. Code Ann. tit. 25, ch. 21, Form 2 Form 2

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ __________________________________ Attorney for________________________ Address___________________________ Phone____________________________ Fax_______________________________ E-mail___________________…

Mont. Code Ann. tit. 25, ch. 21, Form 3 Form 3

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.MOTION AND AFFIDAVIT TO PROCEED ON APPEAL WITHOUT PAYMENT OF FILING FEE _________________________________, Defen…

Mont. Code Ann. tit. 25, ch. 21, Form 4 Form 4

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.NOTICE REQUIRING FILING OF AMENDED NOTICE OF APPEAL OR CROSS-APPEAL _________________________________, Defendant…

Mont. Code Ann. tit. 25, ch. 21, Form 5 Form 5

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.SELECTION OF MEDIATOR _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. COM…

Mont. Code Ann. tit. 25, ch. 21, Form 6 Form 6

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.ORDER OF MEDIATOR APPOINTMENT _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appel…

Mont. Code Ann. tit. 25, ch. 21, Form 7 Form 7

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.STATEMENT OF POSITION _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. A s…

Mont. Code Ann. tit. 25, ch. 21, Form 8 Form 8

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IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No.__________ _________________________________, Plaintiff/Petitioner and ☐ Appellant or ☐ Appellee, v.MEDIATOR'S REPORT _________________________________, Defendant/Respondent and ☐ Appellant or ☐ Appellee. As a re…

Mont. Code Ann. tit. 25, ch. 21, Form 9 Form 9

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IN THE DISTRICT COURT OF THE _____ JUDICIAL DISTRICTIN AND FOR THE COUNTY OF ____________________STATE OF MONTANA _________________________________,Plaintiff/PetitionerCause Number ___________ v.NOTICE OF TRANSCRIPTS DEEMED NECESSARY FOR APPEAL _________________________________,D…

Mont. Code Ann. tit. 25, ch. 21, Rule 1 Title And Scope

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(1) These rules shall be referred to as the Montana Rules of Appellate Procedure and shall be cited as M. R. App. P. (2) These rules shall govern proceedings before the supreme court.

Mont. Code Ann. tit. 25, ch. 21, Rule 10 Filing And Service Of Papers - Generally

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(1) Filing. (a) Generally. Papers required or permitted to be filed must be placed in the custody of the clerk of the supreme court within the time fixed for filing. Filing may be accomplished by mail addressed to the clerk of the supreme court, but filing shall not be timely unl…

Mont. Code Ann. tit. 25, ch. 21, Rule 11 Form Of Briefs And Other Papers - Duplication

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(1) Form of briefs, appendices, petitions, including petitions for writs, motions, and other papers. Briefs, appendices, petitions, motions, and other papers shall be produced by any standard printing, word processing, typewriting, or equivalent process capable of producing a cle…

Mont. Code Ann. tit. 25, ch. 21, Rule 12 Briefs

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(1) Brief of the appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated: (a) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to…

Mont. Code Ann. tit. 25, ch. 21, Rule 13 Filing And Service Of Briefs

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(1) Time for filing briefs. The appellant shall serve and file a brief within 30 days after the date on which the record is filed. The appellee shall serve and file an answer brief within 30 days after service of the brief of the appellant. The appellant may serve and file a repl…

Mont. Code Ann. tit. 25, ch. 21, Rule 14 Jurisdiction - Extraordinary Writs - Supervisory Control - Original Proceedings

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(1) Jurisdiction. The supreme court is an appellate court but is empowered by Article VII, Sections 1 and 2 of the Constitution to hear and determine such original and remedial writs as may be necessary or proper to the complete exercise of its jurisdiction. (2) Extraordinary wri…

Mont. Code Ann. tit. 25, ch. 21, Rule 15 Certification Of Questions Of Law

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(1) Definitions. In this rule: (a) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. (b) "Tribe" means a tribe, band, or village of native…

Mont. Code Ann. tit. 25, ch. 21, Rule 16 Motions

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(1) Form and content. Unless another form is prescribed by these rules, an application for an order or other relief shall be made by filing a motion in writing for such order or relief with the clerk of the supreme court. The motion shall state with particularity the grounds ther…

Mont. Code Ann. tit. 25, ch. 21, Rule 17 Oral Arguments

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(1) Standards. Oral argument will be allowed upon order of the supreme court. All cases not designated for oral argument will be decided on the basis of the briefs and the record on appeal. (2) Order regarding argument. The supreme court shall, by order, schedule and specify the …

Mont. Code Ann. tit. 25, ch. 21, Rule 18 Media Access To Court Proceedings

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(1) Media coverage. (a) Provided that the orderly procedures of the supreme court are not impaired or interrupted, the media is welcome to record and photograph, or broadcast by radio or television or other means, the oral arguments of the supreme court. (b) No person or organiza…

Mont. Code Ann. tit. 25, ch. 21, Rule 19 Relief

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(1) Dispositions. Dispositions are as follows: (a) Affirm. The supreme court's decision to uphold a decision of the district court constitutes an affirmance of that portion of the judgment or order of the district court from which the party took the appeal. (b) Reverse. The supre…

Mont. Code Ann. tit. 25, ch. 21, Rule 2 Parties - Amicus Curiae - Captions

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(1) The following are parties to proceedings before this court and shall be referred to as such in the caption of and signature block of documents filed with this court: (a) Appellant. The party who appeals from and usually seeks reversal of a decision in the district court. A pa…

Mont. Code Ann. tit. 25, ch. 21, Rule 20 Petitions For Rehearing

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(1) Criteria for petitions for rehearing. (a) The supreme court will consider a petition for rehearing presented only upon the following grounds: (i) That it overlooked some fact material to the decision; (ii) That it overlooked some question presented by counsel that would have …

Mont. Code Ann. tit. 25, ch. 21, Rule 21 Remittitur

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(1) The clerk of the supreme court promptly shall notify each party of the supreme court's decision and provide a copy of the supreme court's decision. (2) Remittitur shall issue upon the expiration of time for filing a petition for rehearing, unless the supreme court directs tha…

Mont. Code Ann. tit. 25, ch. 21, Rule 22 Stay Of Judgment Or Order Pending Appeal

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(1) Motion for stay in the district court. (a) A party shall file a motion in the district court for any of the following relief: (i) To stay a judgment or order of the district court pending appeal; (ii) For approval of a supersedeas bond; or (iii) For an order suspending, modif…

Mont. Code Ann. tit. 25, ch. 21, Rule 23 Undertaking For Costs On Appeal

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(1) The district court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to insure payment of costs on appeal in a civil case. The provisions of rule 24 apply to a surety upon a bond given pursuant to this rule. (2) No…

Mont. Code Ann. tit. 25, ch. 21, Rule 24 Sureties

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(1) Surety's justification. A party may file an objection to the sufficiency of any bond or undertaking within 30 days after the filing of such bond or undertaking. The party filing the bond or undertaking, or the surety or sureties used by the party to file the bond or undertaki…

Mont. Code Ann. tit. 25, ch. 21, Rule 25 Substitution Of Parties In Civil Cases - Acts Of Personal Representatives Or Guardians When Appointment Vacated

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(1) Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the supreme court in a civil case, the personal representative of the deceased party may be substituted as a party on motion filed by any party with the clerk of …

Mont. Code Ann. tit. 25, ch. 21, Rule 26 Extension Of Time

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(1) Extension of time - generally. Except as provided in section (2) of this rule, the supreme court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, and may thereby permit an act to be done after the expiration of …