Montana Rules of Civil Procedure
Cited as Mont. R. Civ. P. · 89 rules
The Montana Rules of Civil Procedure govern every civil action and proceeding in Montana’s district courts. Summaries, FAQs and full rule text are being added rule by rule.
Plain-English guides Browse Montana guides →Title I. Scope of Rules; Form of Action
Title II. Commencing an Action; Service of Process, Pleadings, Motions, and Orders
- Rule 3 Commencing an Action
- Rule 4 Persons Subject to Jurisdiction; Process; Service
- Rule 4.1 Limited Representation Permitted — Process
- Rule 4.2 Notice of Limited Appearance and Withdrawal as Attorney
- Rule 5 Serving and Filing Pleadings and Other Papers
- Rule 5.1 Constitutional Challenge to a Statute — Notice and Intervention
- Rule 5.2 Privacy Protection for Filings Made With the Court
- Rule 6 Computing and Extending Time; Time for Motion Papers
Title III. Pleadings and Motions
- Rule 7 Pleadings Allowed; Form of Motions and Other Papers
- Rule 7.1 Disclosure Statement
- Rule 8 General Rules of Pleading
- Rule 9 Pleading Special Matters
- Rule 10 Form of Pleadings
- Rule 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
- Rule 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
- Rule 13 Counterclaim and Crossclaim
- Rule 14 Third-Party Practice
- Rule 15 Amended and Supplemental Pleadings
- Rule 16 Pretrial Conferences; Scheduling; Management
Title IV. Parties
- Rule 17 Plaintiff and Defendant; Capacity; Public Officers
- Rule 18 Joinder of Claims
- Rule 19 Required Joinder of Parties
- Rule 20 Permissive Joinder of Parties
- Rule 21 Misjoinder and Non-Joinder of Parties
- Rule 22 Interpleader
- Rule 23 Class Actions
- Rule 23.1 Derivative Actions
- Rule 23.2 Actions Relating to Unincorporated Associations
- Rule 24 Intervention
- Rule 25 Substitution of Parties
Title V. Depositions and Discovery
- Rule 26 General Provisions Governing Discovery
- Rule 27 Depositions to Perpetuate Testimony
- Rule 28 Persons Before Whom Depositions May Be Taken
- Rule 29 Stipulation Regarding Discovery Procedure
- Rule 30 Depositions by Oral Examination
- Rule 31 Depositions by Written Questions
- Rule 32 Using Depositions in Court Proceedings
- Rule 33 Interrogatories to Parties
- Rule 34 Producing Documents, Electronically-Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
- Rule 35 Physical and Mental Examination
- Rule 36 Requests for Admissions
- Rule 37 Failure to Make Discovery; Sanctions
Title VI. Trials
- Rule 38 Right to a Jury Trial; Demand
- Rule 39 Trial by Jury or by the Court
- Rule 40 Scheduling Cases for Trial
- Rule 41 Dismissal of Actions
- Rule 42 Consolidation; Separate Trials
- Rule 43 Taking Testimony
- Rule 44 Proving an Official Record
- Rule 44.1 Determining Foreign Law
- Rule 45 Subpoena
- Rule 46 Objecting to a Ruling or Order
- Rule 47 Jurors
- Rule 48 Juries — Verdict
- Rule 49 Special Verdicts and Interrogatories
- Rule 50 Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
- Rule 51 Instructions to the Jury; Objections; Preserving a Claim of Error
- Rule 52 Findings and Conclusions by the Court; Judgment on Partial Findings
- Rule 53 Masters
Title VII. Judgment
- Rule 54 Judgments; Costs
- Rule 55 Default; Default Judgment
- Rule 56 Summary Judgment
- Rule 57 Declaratory Judgments
- Rule 58 Entering Judgment
- Rule 59 New Trial; Altering or Amending a Judgment
- Rule 60 Relief from Judgment or Order
- Rule 61 Harmless Error
- Rule 62 Stay of Proceedings to Enforce a Judgment
- Rule 62.1 Indicative Rule on a Motion for Relief that is Barred by a Pending Appeal
- Rule 63 Judge’s Inability to Proceed
Title VIII. Provisional and Final Remedies and Special Proceedings
Title IX. Appeals
Title X. District Courts and Clerks: Conducting Business; Issuing Orders
Title XI. General Provisions
Consistent with the official compilation, Montana omits Rules 73–76, 78, and 79 (these federal rule numbers are reserved/unused in Montana).
Source: State Law Library of Montana ·
Adopted by the Supreme Court of Montana ·
Last amended June 28, 2022 (AF 07-0157) ·
Official source