Montana Civil Procedure

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Commonly Asked Questions about Montana Civil Procedure

What is Rule 27 in Montana Rules of Civil Procedure?

Before action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any district court of the state of Montana may file a verified petition in the district court in the county of the residence of any expected adverse party.

What is Rule 28 in Montana Rules of Civil Procedure?

No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

How much does it cost to file a civil suit in Montana?

Fee Schedule Effective December 1, 2023 Download Fee Schedule PACER Fee Schedule FILING FEES Civil Filing Fee (Complaint and Notice of Removal) $405.00 Civil Filing Fee (Complaints filed by prisoners granted leave to proceed in forma pauperis) $350.00 Petition for Writ of Habeas Corpus $5.0032 more rows

What is the rule of Civil Procedure 5 in Montana?

If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

What is Rule of Civil Procedure 30 in Montana?

At any time during a deposition, the deponent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party.

What is Rule of Civil Procedure 31 in Montana?

A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponents name and address.

What is Rules of Civil Procedure 35 in Montana?

Physical and Mental Examination. (a) Order for Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition -- including blood group -- is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

What is the Rule 11 of the Civil Procedure in Montana?

Rule 11. Signing Pleadings, Motions, and other Papers; Representations to the Court; Sanctions. (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorneys name -- or by a party personally if the party is unrepresented.