Montana civil procedure 2025

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Rule 10. Form of Pleadings. (a) Caption; Names of Parties. Every pleading must have a caption with the courts name, a title, a file number, and a Rule 7(a) designation.
Rule 2 - Motions. (b) Filing Briefs in Support of Motions. The moving party shall file with the court a supporting brief upon filing a motion. The brief may be accompanied by appropriate supporting documents.
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.
If a defendant has pleaded a counterclaim before being served with the plaintiffs motion to dismiss, the action may be dismissed over the defendants objection only if the counterclaim can remain pending for independent adjudication.
The party served may file a written pleading after 20 days if no default has been entered. All original pleadings and other papers must be filed with the court. A copy must be served on all other parties or their attorneys as provided below.
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Rule 3. Commencing an Action. A civil action is commenced by filing a complaint with the court. History: En.
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.
Federal Rule of Civil Procedure 3 is succinct and fundamental, stating: A civil action is commenced by filing a complaint with the court.

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