A.B., Plaintiff
vs. SUMMONS
C.D., Defendant
The State of Montana to the above-named defendant:
You are hereby summoned to answer the complaint in this action which is filed in the office of the clerk of this court, a copy of which is herewith served upon you, and to file your answer and serve a copy thereof upon the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Witness my hand and the seal of said court, this .... day of.....
E.F. Attorney for Plaintiff, ...........................(Address) ............................Montana.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 2. COMPLAINT ON A PROMISSORY NOTE
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 1, 1959, the sum of .... dollars with interest thereon at the rate of .... per cent per annum].1
1. The pleader may use the material in one of the three sets of brackets. This choice will depend upon whether the pleader desires to plead the document verbatim, or by exhibit, or according to its legal effect.
2. Defendant owes to plaintiff the amount of said note and interest.
Wherefore plaintiff demands judgment against defendant for the sum of .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 3. COMPLAINT ON AN ACCOUNT
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.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED
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.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 5. COMPLAINT FOR MONEY LENT
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.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 6. COMPLAINT FOR MONEY PAID BY MISTAKE
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 .... dollars, interest, and costs.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 7. COMPLAINT FOR MONEY HAD AND RECEIVED
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.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 8. COMPLAINT FOR NEGLIGENCE
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 prevented from transacting business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in an amount to be determined at trial.
Wherefore plaintiff demands judgment against defendant in an amount to be determined at trial and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993.
Form 9. COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C.D. or E.F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE PLAINTIFF'S EVIDENCE MAY JUSTIFY A FINDING OF WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE
1. On June 1, 1959, in a public highway called State Street in Helena, Montana, defendant C.D. or defendant E.F., or both defendants C.D. and E.F. willfully or recklessly or negligently drove or caused to be driven 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 prevented from transacting business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in an amount to be determined at trial.
Wherefore plaintiff demands judgment against C.D. or against E.F. or against both in an amount to be determined at trial and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993.
Form 10. COMPLAINT FOR CONVERSION
On or about December 1, 1959, defendant converted to defendant's own use ten bonds of the .... Company (inserting brief identification as by number and issue) of the value of .... dollars, the property of plaintiff.
Wherefore plaintiff demands judgment against defendant in the sum of .... dollars, interest and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 11. COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND
1. On or about December 1, 1958, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A.
2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.
3. Plaintiff now offers to pay the purchase price.
Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement; (2) damages in the sum of .... dollars; (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of .... dollars; and (4) judgment for costs.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)
1. Defendant C.D. on or about June 1, 1958, executed and delivered to plaintiff a promissory note (setting forth the note verbatim, or in substance and legal effect, or by annexing a copy, as in Form 2).
2. Defendant C.D. owes to plaintiff the amount of said note and interest.
3. Defendant C.D. on or about December 1, 1958, conveyed property, real and personal (or specify and describe) to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.
Wherefore plaintiff demands judgment (1) against defendant C.D. for .... dollars and interest; (2) that the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; (3) for plaintiff's costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERAL EMPLOYERS' 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 June 1, 1958, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.
3. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workers, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.
4. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (describing plaintiff's injuries).
5. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning .... dollars per day. By these injuries the plaintiff has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of .... dollars for medicine, medical attendance and hospitalization.
Wherefore plaintiff demands judgment against defendant in the sum of .... dollars and costs.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 14. COMPLAINT FOR INTERPLEADER AND DECLARATORY 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. of a stipulated premium on June 1, 1956, and annually thereafter as a condition precedent to its continuance in force.
2. No part of the premium due June 1, 1956, was ever paid and the policy ceased to have any force or effect on July 1, 1956.
3. Thereafter, on September 1, 1956, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding.
4. Defendant C.D. is the duly appointed and acting executor of the will of G.H.; defendant E.F. is the duly appointed and acting executor of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L.
5. Each of defendants C.D., E.F., and X.Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.
6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H.
Wherefore plaintiff demands that the court adjudge:
(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.
(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.
(3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
(4) That plaintiff recover its costs.
History: En. Sec. 80, Ch. 13, L. 1961.
Form 15. MOTION TO DISMISS
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 reasons, such as (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Montana; (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B, respectively; (c) (etc.).)
.............................
Attorney for Defendant
.............................
Address
--------------------
Notice of Motion
To: ......., Attorney for Plaintiff:
Please take notice, that the undersigned will bring the above motion for hearing before this court at the courtroom thereof in the Courthouse at ...., Montana, on the .... day of ...., 20.., at .... o'clock ....M. or as soon thereafter as counsel can be heard.
..................................
Attorney for Defendant
.................................
Address
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. Oct. 23, 2001, eff. Oct. 23, 2001.
Form 16. ANSWER PRESENTING DEFENSES UNDER 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 jointly with G.H. G.H. is alive; is a citizen and resident of the State of Montana; is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party, but has not been made one.
THIRD DEFENSE
Defendant admits the allegation(s) contained in paragraph(s) .... of the complaint; alleges a lack of knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) .... of the complaint; and denies each and every other allegation contained in the complaint.
FOURTH DEFENSE
The right of action set forth in the complaint did not accrue within .... years next before the commencement of this action, and is therefore barred by the provisions of section (setting forth the particular section or subsection applicable thereto).
COUNTERCLAIM
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)
CROSS-CLAIM AGAINST DEFENDANT M.N.
(Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.)
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 17 . 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 deposit from E.F.
2. Plaintiff has demanded the payment of such deposit by virtue of an assignment of it which plaintiff claims to have received from E.F.
3. E.F. has notified the defendant that E.F. claims such deposit, that the purported assignment is not valid, and asserts that the defendant should be held responsible for the deposit.
Wherefore defendant demands:
(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.
(2) That the court order the plaintiff and E.F. to interplead their respective claims.
(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.
(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.
(5) That the court award to the defendant its costs and attorney's fees.
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 18. SUMMONS AND THIRD-PARTY COMPLAINT--INTERPLEADER
A.B., Plaintiff,
vs.
C.D., Defendant, and THIRD-PARTY
Third-Party Plaintiff, SUMMONS
vs. Civil No....
E.F., Third-Party Defendant.
The State of Montana to the Above-Named Third-Party Defendant:
You are hereby summoned to answer the third-party complaint in this action which is filed in the office of the clerk of this court, a copy of which is herewith served upon you, and to file your answer and serve a copy thereof upon the plaintiff's attorney and upon the attorney for defendant and third-party plaintiff within 20 days after the service of this third-party summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the third-party complaint.
Witness my hand and the seal of said court, this .... day of .....
...............................
Clerk of the District Court
(COURT SEAL)
G.H.
Attorney for Defendant
and Third-Party Plaintiff
.........................
(Address)
................, Montana
The name and address of the
attorney for Plaintiff is:
J.K.
..........................
(Address)
................., Montana
---------------
A.B., Plaintiff,
vs.
C.D., Defendant, and THIRD-PARTY
Third-Party Plaintiff, COMPLAINT
vs. Civil No....
E.F., Third-Party Defendant.
1. Plaintiff A.B. has filed against defendant C.D., a complaint, a copy of which is hereto attached as Exhibit C.
2. (Here state the grounds upon which C.D. is entitled to recover from E.F., all or part of what A.B. may recover from C.D. The statement should be framed as in an original complaint.)
Wherefore C.D. demands judgment against third-party defendant E.F. for .... dollars and for costs.
......................................
Attorney for Third-Party Plaintiff
......................
(Address)
History: En. Sec. 80, Ch. 13, L. 1961.
Form 18-A. NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL
A.B., Plaintiff, Civil No......
vs. NOTICE AND ACKNOWLEDGMENT OF
C.D., Defendant. RECEIPT OF SUMMONS AND COMPLAINT
NOTICE
To: (insert the name and address of the person to be served.)
The enclosed summons and complaint are served pursuant to Rule 4D(1)(b) of the Montana Rules of Civil Procedure.
You may complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days after the date it was mailed to you as shown below.
If you decide to complete and return this form, you must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.
If you do not complete and return this form to the sender within 20 days after the date it was mailed to you as shown below, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days after the date of signature which you place on the acknowledgment below. If you fail to answer the complaint within the foregoing 20 day period, judgment by default will be taken against you for the relief demanded in the complaint.
I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint will have been mailed on (insert date).
..........................
Signature
..........................
Date of Signature
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I declare, under penalty of perjury, that I received a copy of the summons and of the complaint in the above captioned matter at (insert address).
.................................
Signature
.................................
Relationship to Entity/Authority to
Receive Service of Process
..................................
Date of Signature
History: En. Sup. Ct. Ord. Oct. 9, 1984, eff. Oct. 9, 1984; amd. Sup. Ct. Ord. Nov. 1988.
Form 19. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24
A.B., Plaintiff, MOTION TO
vs. INTERVENE
C.D., Defendant, AS A
E.F., Applicant for DEFENDANT
Intervention Civil No...
E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in the attached proposed answer on the grounds (here set forth generally the grounds upon which intervention is sought, in accordance with the right of intervention contained in Rule 24) and as such as a defense to plaintiff's claim presenting (setting forth whether the same relates to questions of law or fact, or both) which are common to the main action.
..................................
Attorney for E.F.,
Applicant for Intervention
..................................
(Address)
NOTICE OF MOTION
(Contents the same as those in Form 15, or notice and motion may be combined in a notice of motion as provided in Rule 7(b).)
---------------
INTERVENER'S ANSWER
(Set forth defenses in accordance with the outline contained in Form 16)
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 20. MOTION FOR PRODUCTION, ETC., UNDER RULE 34
Plaintiff A.B. moves the court for an order requiring defendant C.D.:
(1) To produce and to permit plaintiff to inspect and to copy each of the following documents:
[Here list the documents and describe each of them.]
(2) To produce and permit plaintiff to inspect and to photograph each of the following objects:
[Here list the objects and describe each of them.]
(3) To permit plaintiff to enter [here describe property to be entered] and to inspect and to photograph [here describe the portion of the real property and the objects to be inspected and photographed].
Defendant C.D. has the possession, custody, or control of each of the foregoing documents and objects and of the above-mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached.
..............................
Attorney for Plaintiff
..................................
Address
----------------
EXHIBIT A
STATE OF MONTANA
County of Lewis and Clark
A.B., being first duly sworn says:
(1) (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in the defendant's possession or control.)
(2) (Here set forth all that plaintiff knows which shows that each of the above-mentioned items is relevant to some issue in the action.)
A.B. (Signed)
(Jurat)
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 21. REQUEST FOR ADMISSION UNDER RULE 36
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 documents, exhibited with this request, is genuine.
[Here list the documents and describe each document.]
2. That each of the following statements is true. [Here list the statements.]
.........................
Attorney for Plaintiff
..........................
Address
History: En. Sec. 80, Ch. 13, L. 1961.
Form 22. ALLEGATION OF REASON FOR OMITTING NECESSARY 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].
History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 23. SUPERSEDEAS BOND
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 execution from the district court, and the condition of this bond is that if the judgment (or order) appealed from, or any part thereof, be affirmed, or the appeal dismissed, the appellant will pay the amount directed to be paid by the judgment (or order) or the part of such amount as to which the judgment (or order) is affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal. If such payment be made then this bond is void, otherwise to be and remain in full force and effect. If the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of the respondent in the respondent's favor against the sureties for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal.
................ ..................
Appellant Address
................ ...................
Surety Address
................ ...................
Surety Address
(Justification of Sureties) ...............
Form of bond approved. Judge
(This form with necessary alterations may be used in any situation covered by Rule 62.)
History: En. Sec. 80, Ch. 13, L. 1961 as added by Sec. 1, Ch. 3. L. 1963; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
