Important Guidelines for Preparing Your Complaint - Montana 2025

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(4) Content of notice of appeal or cross-appeal. (a) The notice of appeal or cross-appeal shall specify the party or parties taking the appeal or cross-appeal, and shall designate the final judgment or order or part thereof from which the appeal is taken.
Amend. IV. The Montana Constitution echoes and protects further, stating that [n]o warrant to search any place or seize any person or thing shall issue without describing the place to be searched or the person to be seized, or without probable cause, supported by oath or affirmation reduced to writing. Mont. Const.
Evidence of a persons character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same.
Form of the Complaint. The complaint is composed of four major sections: the caption, the body, the demand for relief, and the signature.
The first publication of summons or personal service of the summons and complaint upon the defendant out of Montana must be made within 60 days after the filing of the affidavit for publication. If not, the action must be dismissed as to any party intended to be served by such publication.
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After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.
A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiffs claims against the defendant , and must also specify what remedy the plaintiff is seeking. After receiving the complaint, the defendant must respond with an answer .
Types of Responses Answer. An Answer is the most common way to respond to a lawsuit. General Denial. A General Denial is a simple response to a lawsuit. Demurrer. Motion to Quash Service of Summons. Motion to Strike. Motion to Change Venue or Transfer. Cross-Complaints.

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