Montana Code Annotated 1995

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     Rule 7. Pleadings allowed. In justice or city court there may be a complaint, answer, and counterclaim. No other pleadings are allowed, except that the court may order a reply to an answer or a counterclaim. A "motion" is not a "pleading".
     A. COMPLAINT. The complaint is a concise written statement of the facts constituting the plaintiff's cause of action.
     B. ANSWER. The answer may contain a general denial of any or all of the material facts stated in the complaint that the defendant believes to be untrue and also a statement, in plain or direct manner, of any other facts containing a defense or counterclaim upon which an action might be brought by the defendant against the plaintiff in a justice or city court.
     C. COUNTERCLAIM. A defendant may file with the answer a counterclaim against the plaintiff arising out of an action or occurrence. The counterclaim must be a concise written statement of the facts constituting the defendant's cause of action and must be stated or the defendant waives the right to maintain an action for it against the plaintiff at a later time. However, the claim need not be stated if it is the subject of another pending action.
     D. GENERAL RULES OF PLEADING.
     (1) Form -- pleadings in justice or city court. All pleadings must be in writing and filed with the court. They must be in a form that enables a person of common understanding to know what is intended.
     (2) Effect of failure to deny. Allegations in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. A statement of fact in a pleading to which no responsive pleading is required or permitted must be taken as denied or avoided.
     (3) New matter. New matter in the answer or counterclaim is considered denied by the plaintiff.
     (4) Signing of pleadings. Every pleading of a party represented by an attorney must be signed by that attorney and must state the attorney's address and telephone number. A party who is not represented by an attorney shall sign the pleading and state the party's address and telephone number.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.

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