Montana Rules of Civil Procedure

Cited as Mont. R. Civ. P. · 88 rules

The Montana Rules of Civil Procedure govern the procedure in all civil actions and proceedings in Montana’s district courts. Browse the full set below, organized by title. Plain-English summaries, FAQs, and full rule text are being added rule by rule.

Source: State Law Library of Montana · Adopted by the Supreme Court of Montana · Last amended June 28, 2022 (AF 07-0157) · Official source

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Title I. Scope of Rules; Form of Action

Rule 1 Scope of Rules Available
Rule 2 One Form of Action In preparation

Title II. Commencing an Action; Service of Process, Pleadings, Motions, and Orders

Rule 3 Commencing an Action In preparation
Rule 4 Persons Subject to Jurisdiction; Process; Service In preparation
Rule 4.1 Limited Representation Permitted — Process In preparation
Rule 4.2 Notice of Limited Appearance and Withdrawal as Attorney In preparation
Rule 5 Serving and Filing Pleadings and Other Papers In preparation
Rule 5.1 Constitutional Challenge to a Statute — Notice and Intervention In preparation
Rule 5.2 Privacy Protection for Filings Made With the Court In preparation
Rule 6 Computing and Extending Time; Time for Motion Papers Available

Title III. Pleadings and Motions

Rule 7 Pleadings Allowed; Form of Motions and Other Papers In preparation
Rule 7.1 Disclosure Statement In preparation
Rule 8 General Rules of Pleading In preparation
Rule 9 Pleading Special Matters In preparation
Rule 10 Form of Pleadings In preparation
Rule 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions In preparation
Rule 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing Available
Rule 13 Counterclaim and Crossclaim In preparation
Rule 14 Third-Party Practice In preparation
Rule 15 Amended and Supplemental Pleadings In preparation
Rule 16 Pretrial Conferences; Scheduling; Management In preparation

Title IV. Parties

Rule 17 Plaintiff and Defendant; Capacity; Public Officers In preparation
Rule 18 Joinder of Claims In preparation
Rule 19 Required Joinder of Parties In preparation
Rule 20 Permissive Joinder of Parties In preparation
Rule 21 Misjoinder and Non-Joinder of Parties In preparation
Rule 22 Interpleader In preparation
Rule 23.1 Derivative Actions In preparation
Rule 23.2 Actions Relating to Unincorporated Associations In preparation
Rule 24 Intervention In preparation
Rule 25 Substitution of Parties In preparation

Title V. Depositions and Discovery

Rule 26 General Provisions Governing Discovery In preparation
Rule 27 Depositions to Perpetuate Testimony In preparation
Rule 28 Persons Before Whom Depositions May Be Taken In preparation
Rule 29 Stipulation Regarding Discovery Procedure In preparation
Rule 30 Depositions by Oral Examination In preparation
Rule 31 Depositions by Written Questions In preparation
Rule 32 Using Depositions in Court Proceedings In preparation
Rule 33 Interrogatories to Parties In preparation
Rule 34 Producing Documents, Electronically-Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes In preparation
Rule 35 Physical and Mental Examination In preparation
Rule 36 Requests for Admissions In preparation
Rule 37 Failure to Make Discovery; Sanctions In preparation

Title VI. Trials

Rule 38 Right to a Jury Trial; Demand In preparation
Rule 39 Trial by Jury or by the Court In preparation
Rule 40 Scheduling Cases for Trial In preparation
Rule 41 Dismissal of Actions In preparation
Rule 42 Consolidation; Separate Trials In preparation
Rule 43 Taking Testimony In preparation
Rule 44 Proving an Official Record In preparation
Rule 44.1 Determining Foreign Law In preparation
Rule 45 Subpoena In preparation
Rule 46 Objecting to a Ruling or Order In preparation
Rule 47 Jurors In preparation
Rule 48 Juries — Verdict In preparation
Rule 49 Special Verdicts and Interrogatories In preparation
Rule 50 Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling In preparation
Rule 51 Instructions to the Jury; Objections; Preserving a Claim of Error In preparation
Rule 52 Findings and Conclusions by the Court; Judgment on Partial Findings In preparation
Rule 53 Masters In preparation

Title VII. Judgment

Rule 54 Judgments; Costs In preparation
Rule 55 Default; Default Judgment In preparation
Rule 56 Summary Judgment Available
Rule 57 Declaratory Judgments In preparation
Rule 58 Entering Judgment In preparation
Rule 59 New Trial; Altering or Amending a Judgment In preparation
Rule 60 Relief from Judgment or Order In preparation
Rule 61 Harmless Error In preparation
Rule 62 Stay of Proceedings to Enforce a Judgment In preparation
Rule 62.1 Indicative Rule on a Motion for Relief that is Barred by a Pending Appeal In preparation
Rule 63 Judge’s Inability to Proceed In preparation

Title VIII. Provisional and Final Remedies and Special Proceedings

Rule 64 Seizing a Person or Property In preparation
Rule 65 Injunctions In preparation
Rule 66 Receivers In preparation
Rule 67 Deposit into Court In preparation
Rule 68 Offer of Judgment In preparation
Rule 69 Execution In preparation
Rule 70 Enforcing a Judgment for a Specific Act In preparation
Rule 71 Enforcing Relief For or Against a Nonparty In preparation

Title IX. Appeals

Rule 72 Appeal from a District Court to the Supreme Court In preparation

Title X. District Courts and Clerks: Conducting Business; Issuing Orders

Rule 77 Conducting Business; Clerk’s Authority; Notice of an Order or Judgment In preparation
Rule 80 Stenographic Transcript as Evidence In preparation

Title XI. General Provisions

Rule 81 Applicability in General In preparation
Rule 82 Jurisdiction and Venue Unaffected In preparation
Rule 83 Rules by District Courts In preparation
Rule 84 Forms In preparation
Rule 85 Title In preparation
Rule 86 Effective Date — Statutes Superseded In preparation

Consistent with the official compilation, Montana omits Rules 23, 73–76, 78, and 79 (these federal rule numbers are reserved/unused in Montana).