Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 18 lets a party assert as many claims as it has against an opposing party — independent or alternative, legal or equitable — in a single action.
(a)In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
(b)Joinder of Contingent Claims. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money. In tort cases, this rule does not allow a liability or indemnity insurance carrier to join, unless under law or a contract the carrier is directly liable to the person injured or damaged.
Plain-English Summary
Rule 18 is the permissive joinder-of-claims rule, and it is generous. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join as many claims as it has against the opposing party, whether they are related or not, and may plead them as independent or alternative claims.
A party may even join contingent claims — for example, a claim for money together with a claim to set aside a conveyance that is fraudulent as to the plaintiff, without first getting a money judgment — although the court grants relief according to the parties’ actual substantive rights. In tort cases, the rule does not let a liability or indemnity insurer be joined unless the carrier is directly liable to the injured person.
Frequently Asked Questions
How many claims can I bring against the same defendant?
As many as you have. Rule 18 lets you join independent or alternative claims against an opposing party in a single action, related or not.
Can I join a claim that depends on the outcome of another?
Yes. You may join two claims even if one is contingent on the disposition of the other, though the court grants relief according to the parties’ substantive rights.
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