Rule 3. Commencing an Action

Rule 3. Commencing an Action. A civil action is commenced by filing a complaint with the court. History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.

Rule 4. Persons Subject to Jurisdiction; Process; Service

Rule 4. Persons Subject to Jurisdiction; Process; Service. (a) Definition of Person. As used in this rule, the word “person,” whether or not a citizen of this state, a resident of this state, or organized under the laws of this state, includes: (1) an individual, whether operating in the individual’s own name or under a trade name; (2) an individual’s […]

Rule 4.1. Limited Representation Permitted — Process

Rule 4.1. Limited Representation Permitted — Process. (a) In accordance with Rule 1.2(c) of the Montana Rules of Professional Conduct, an attorney may undertake to provide limited representation to a person involved in a court proceeding. (b) Providing limited representation of a person under these rules shall not constitute an entry of appearance by the attorney for purposes of […]

Rule 4.2. Notice of Limited Appearance and Withdrawal as Attorney

Rule 4.2. Notice of Limited Appearance and Withdrawal as Attorney. (a) Notice of limited appearance. If specifically so stated in a notice of limited appearance filed and served prior to or simultaneous with the proceeding, an attorney’s role may be limited to one or more individual proceedings in the action. (b) At the conclusion of such proceedings the attorney’s […]

Rule 5. Serving and Filing Pleadings and other Papers

Rule 5. Serving and Filing Pleadings and other Papers. (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) An order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; […]

Rule 5.1. Constitutional Challenge to a Statute — Notice and Intervention

Rule 5.1. Constitutional Challenge to a Statute — Notice and Intervention. (a) Notice by a Party. A party that files a pleading, written motion, or other paper challenging the constitutionality of a state statute must promptly file a notice of constitutional question stating the question and identifying the paper that raises it, and serve the notice and paper […]

Rule 5.2. Privacy Protection for Filings Made With the Court

Rule 5.2. Privacy Protection for Filings Made With the Court. (a) Redacted Filings. Unless the court orders or the law requires otherwise, in any filing with the court that contains an individual’s social security number, taxpayer identification number, or birth date, or a financial account number, a party or nonparty making the filing must include only: (1) the last […]

Rule 6. Computing and Extending Time; Time for Motion Papers

Rule 6. Computing and Extending Time; Time for Motion Papers. (a) Computing Time. The following rules apply in computing any time period specified in these rules, or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or […]