The Montana motion to dismiss: twenty-one days, and the answer clock can be reset by the court
Montana procedure · Last verified August 17, 2026
Montana's Rule 12 tracks the restyled federal rule, with one wrinkle in the opening sentence: the 21-day answer period applies "unless the court orders otherwise under Rule 4(c)(2)(C)."
That cross-reference means the deadline on your summons is the one that governs — check it rather than assuming 21 days.
The deadlines
Mont. R. Civ. P. 12(a) requires a defendant to:
serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C).
| Event | Time |
|---|---|
| Answer a complaint | 21 days, unless the court ordered otherwise under Rule 4(c)(2)(C) |
| After a denied motion, or a deferral to trial | 14 days from notice |
The seven defenses
Mont. R. Civ. P. 12(b):
But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and
The federal seven in the federal order, with venue at (3).
Where this connects
Montana's most distinctive procedural feature sits after judgment, not before it. A Rule 60(b) motion is deemed denied if the court does not rule in a written order within 60 days — extendable to 120 only by an order entered inside the first 60 — and the motion must carry both dates in its own heading. See setting aside a Montana default judgment.
For the answer itself, see responding to a Montana complaint.
How Montana compares
| Montana | Idaho | Wyoming | Federal | |
|---|---|---|---|---|
| Time to answer | 21 days | 21 days | 20 days | 21 days |
| Answer period alterable by the summons | yes, Rule 4(c)(2)(C) | no | no | no |
| After a denied motion | 14 days | 14 days | 14 days | 14 days |
| Enumerated grounds | seven | eight | seven | seven |
| Venue inside the rule | yes | yes | yes | yes |
A short checklist
- Read the summons. The court may have set a different answer period under Rule 4(c)(2)(C).
- Otherwise diarise 21 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion.
- Plan for 14 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- Mont. R. Civ. P. 8 — General Rules of Pleading
- Mont. R. Civ. P. 12 — Defenses and Objections
- Mont. R. Civ. P. 15 — Amended and Supplemental Pleadings
- Mont. R. Civ. P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.