Montana procedural guides

Plain-English guides to the Montana Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Montana complaint: 21 days, 42 for the stateMontana Rule 12(a) gives 21 days after service of the summons and complaint to serve an answer, and 42 days where the State, a state agency, or a state officer or employee is the defendant.
• Setting aside a Montana default judgment: your motion is deemed denied if nobody rules on itMontana Rule 60(c) runs a Rule 60(b) motion on the Rule 59 clock — deemed denied at 60 days without a written order, and the motion must carry that date in its heading.
• The Montana motion to dismiss: twenty-one days, and the answer clock can be reset by the courtMontana Rule 12(b) carries the familiar seven defenses and gives 21 days to answer, unless the court orders otherwise under Rule 4(c)(2)(C).
• Montana summary judgment: 21 days to respond, and the hearing is waived unless you askMontana Rule 56 gives 21 days to respond and 14 to reply, but the right to a hearing disappears unless a party requests one within 14 days after the reply deadline passes.
• Montana execution: the fourteen-day stay comes with an automatic injunction against moving your assetsMontana Rule 62(a) stays execution for 14 days after entry and, during those days, automatically enjoins the judgment debtor from transferring or encumbering any property.
• The Montana motion to compel: the sanction that lets the jury hear about itMontana Rule 37(c)(1) lets the court inform the jury of a party's failure to disclose, and reaches expert opinions withheld under Rule 26(b)(4) as well as ordinary discovery.
• Montana subpoenas: health care records have their own statute, and the rule sends you to itMontana Rule 45 requires anyone subpoenaing health care information to comply with Title 50, Chapter 16, and gives all parties ten days' notice before a commanded production.

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