STATE STATUTES & CODES

MONTANA STATUTES AND CODES

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.

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