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Commonly Asked Questions about Montana Civil Procedure documents

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.
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
Rule 77. Conducting Business; Clerks Authority; Notice of an Order or Judgment. (a) When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests
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.
FRCP 26(f)(2) requires the parties to do five things at the meet and confer: (a) consider the nature and basis of their claims and defenses; (b) consider the possibilities for promptly settling or resolving the case; (c) make or arrange for the disclosures required by FRCP 26(a)(1); (d) discuss any issues about
Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any non-privileged matter that is relevant to any partys claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and
Taking a deeper look at FRCP Rule 26 reveals that it: Mandates under Federal Rule of Civil Procedure 26(a)(1) that parties make initial disclosures of documents and witnesses central to fact-gathering. Enables written interrogatories and depositions to uncover further case evidence.