Montana Code Annotated 2009

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Table of Contents

TITLE 25. CIVIL PROCEDURE
CHAPTER 20. RULES OF CIVIL PROCEDURE


Part III. Pleadings and Motions

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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.