These rules govern the procedure in all civil actions and proceedings in the district courts of the state of Montana, including probate proceedings, unless specifically provided to the contrary in the Uniform Probate Code; and except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 1.Scope of Rules
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 1 makes the Montana Rules of Civil Procedure govern every civil action and proceeding in the state's district courts—including most probate matters—and directs that the rules be applied to secure a just, speedy, and inexpensive result.
Full Text of Rule 1
Plain-English Summary
Rule 1 is the doorway to the entire body of Montana civil-procedure rules. It does two things. First, it sets the reach of the rules: they control how civil cases are run in Montana's district courts, the state's general trial courts. Montana's justice and city courts follow a separate set of rules, so Rule 1 does not reach them.
Second, it folds in probate proceedings, which run under these rules too—except where the Uniform Probate Code says otherwise—and it carves out the situations listed in Rule 81, which spells out where the rules do not apply or apply only in part.
The closing sentence is more than throat-clearing. The instruction to construe and administer the rules "to secure the just, speedy, and inexpensive determination" of every case is the lens courts use when a rule is unclear or two rules pull in different directions. It tells judges to favor resolving cases on their merits over rewarding technical missteps.
Frequently Asked Questions
Which courts do these rules apply to?
The Montana Rules of Civil Procedure govern civil cases in Montana's district courts. Justice courts and city courts operate under their own separate rules.
Do these rules apply to probate cases?
Yes. Rule 1 expressly includes probate proceedings, except where the Uniform Probate Code provides a contrary procedure.
Are there exceptions to the rules' scope?
Yes. Rule 1 points to Rule 81, which lists the proceedings where these rules do not apply, or apply only in part.
What does “just, speedy, and inexpensive” mean in practice?
It is the guiding principle courts use to interpret and apply the rules. When a rule is ambiguous, judges lean toward the reading that resolves disputes fairly and efficiently rather than on technicalities.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text