Form 1. SUMMONS — OFFICIAL FORM IN THE DISTRICT COURT OF THE ______________ JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF ________________ A.B., Plaintiff,Civil No. . . . vs.SUMMONS C.D., Defendant. To:_____________________________________________ A lawsuit has been filed against you. Within 21 days after service of this summons on you or (42 days […]
Form 10. COMPLAINT FOR CONVERSION On or about December 1, 1959, defendant converted to defendant’s own use ten bonds of the …. Company (inserting brief identification as by number and issue) of the value of …. dollars, the property of plaintiff. Wherefore plaintiff demands judgment against defendant in the sum of …. dollars, interest and costs. History: En. […]
Form 11. COMPLAINT FOR SPECIFIC PERFORMANCEOF CONTRACT TO CONVEY LAND 1. On or about December 1, 1958, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A. 2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, […]
Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SETASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b) 1. Defendant C.D. on or about June 1, 1958, executed and delivered to plaintiff a promissory note (setting forth the note verbatim, or in substance and legal effect, or by annexing a copy, as in Form 2). 2. Defendant C.D. owes to plaintiff the […]
Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERALEMPLOYERS’ LIABILITY ACT (45 U.S.C.A., 51-58) 1. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at …. and known as Tunnel No. ….. 2. On or about June 1, 1958, defendant was repairing and enlarging the tunnel in order to […]
Form 14. COMPLAINT FOR INTERPLEADER ANDDECLARATORY RELIEF 1. On or about June 1, 1956, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of ten thousand dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1956, […]
Form 15. MOTION TO DISMISS The defendant moves the court as follows: (1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. (2) To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as (a) […]
Form 16. ANSWER PRESENTING DEFENSESUNDER RULE 12(b) FIRST DEFENSE The complaint fails to state a claim against defendant upon which relief can be granted. SECOND DEFENSE If defendant is indebted to plaintiffs for the goods mentioned in the complaint, the defendant is indebted to them jointly with G.H. G.H. is alive; is a citizen and resident of […]
Form 17. ANSWER TO COMPLAINT SET FORTH IN FORM 7,WITH COUNTERCLAIM FOR INTERPLEADER DEFENSE Defendant denies the allegations of the complaint to the extent set forth in the counterclaim herein. COUNTERCLAIM FOR INTERPLEADER 1. Defendant received the sum of ten thousand dollars as a deposit from E.F. 2. Plaintiff has demanded the payment of such deposit by virtue of […]
Form 18-A. NOTICE OF A LAWSUIT AND REQUEST TO ACKNOWLEDGE AND WAIVE SERVICE OF A SUMMONS A.B., Plaintiff,Civil No…… vs.NOTICE OF A LAWSUIT AND REQUEST TO C.D., Defendant.ACKNOWLEDGE AND WAIVE SERVICE OF A SUMMONS To: (name of defendant–or if the defendant is a corporation, partnership or association name, an officer or agent authorized to receive […]
Form 18-B. Acknowledgment and Waiver of Service of a Summons A.B., Plaintiff,Civil No. . . . vs.ACKNOWLEDGMENT AND WAIVER OF C.D., Defendant.SERVICE OF A SUMMONS To: (name of plaintiff’s attorney or the unrepresented plaintiff): I have received your request to acknowledge and waive service of a summons in this action along with a copy of the complaint, […]
Form 18. THIRD-PARTY SUMMONS A.B., Plaintiff, vs. C.D., Defendant, andCivil No…. Third-Party Plaintiff,THIRD-PARTY SUMMONS vs. E.F., Third-Party Defendant. To: (name the third-party defendant): A lawsuit has been filed against defendant ________________, who as third-party plaintiff is making this claim against you to pay part or all of what [he] may owe to the plaintiff _______________. Within 21 […]
Form 19. MOTION TO INTERVENE AS ADEFENDANT UNDER RULE 24 A.B., Plaintiff,MOTION TO vs.INTERVENE C.D., Defendant,AS A E.F., Applicant forDEFENDANT InterventionCivil No… E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in the attached proposed answer on the grounds (here set forth generally the grounds upon […]
Form 2. COMPLAINT ON A PROMISSORY NOTE 1. Defendant on or about June 1, 1958, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1959, […]
Form 20. MOTION FOR PRODUCTION, ETC.,UNDER RULE 34 Repealed by Sup. Ct. Ord. No. AF 07-0157, January 31, 2012. History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 21. REQUEST FOR ADMISSION UNDER RULE 36 Plaintiff A.B. requests defendant C.D. within …. days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this […]
Form 22. ALLEGATION OF REASON FOR OMITTINGNECESSARY PARTY John Doe named in this complaint is not made a party to this action [because Doe is not subject to the jurisdiction of this court]; or [for reasons stated]. History: En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.
Form 23. SUPERSEDEAS BOND We the undersigned jointly and severally acknowledge that we and our personal representatives are jointly bound to pay to (respondent) the sum of $….. (Appellant) has appealed from that certain judgment (or order) (insert descriptive facts) and has obtained an order staying execution from the district court, and the condition of this bond […]
Form 3. COMPLAINT ON AN ACCOUNT Defendant owes plaintiff …. dollars according to the account hereto annexed as Exhibit A. Wherefore plaintiff demands judgment against defendant for the sum of …. dollars, interest, and costs. History: En. Sec. 80, Ch. 13, L. 1961.
Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED Defendant owes plaintiff …. dollars for goods sold and delivered by plaintiff to defendant between June 1, 1959, and December 1, 1959. Wherefore plaintiff demands judgment against defendant for the sum of …. dollars, interest, and costs. History: En. Sec. 80, Ch. 13, L. 1961.
