Setting aside a Montana default judgment: your motion is deemed denied if nobody rules on it
Montana procedure · Last verified August 17, 2026
Montana adds something to Rule 60 that no other state does. A motion for relief from judgment does not simply wait for a ruling. It runs on the Rule 59 clock, and if the court does not rule in a written order in time, the motion is deemed denied.
The rule also tells you to put the deadline dates in the heading of your own motion — so the format requirement and the trap are connected.
The deemed-denied rule
Mont. R. Civ. P. 60(c)(1):
Timing. A motion under Rule 60(b) must be made within a reasonable time — and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding. Motions provided by Rule 60(b) must be determined within the times provided by Rule 59 in the case of motions for new trials and amendment of judgment, and if the court shall fail to rule on the motion within the time frames set forth in Rule 59(f), the motion must be deemed denied. A motion filed under this rule shall follow the format set forth in Rule 59(b).
Three separate commands in one paragraph:
| Outer limit to file | 1 year on grounds (1), (2), (3); reasonable time otherwise |
| The court must determine it | within the Rule 59 time frames |
| If it does not | the motion is deemed denied |
| Format | as Rule 59(b) prescribes |
What the Rule 59 clock actually is
Mont. R. Civ. P. 59(f):
Motion Deemed Denied. If the court does not address in a written order a motion for a new trial properly filed according to Rule 59(b), or a motion to alter or amend a judgment properly filed according to Rule 59(e), within 60 days from its filing date, the motion must be deemed denied. If the court issues an order within the 60 days extending the time within which to rule on the motion, the time for ruling may be extended, but if the motion is not ruled upon within 120 days from its filing date, it will be deemed denied.
| Event | Day |
|---|---|
| Motion filed | 0 |
| Deemed denied without a written order | 60 |
| Unless the court extends by order inside the 60 days | |
| Absolute outer limit even with an extension | 120 |
Note the two requirements for a ruling to count: it must be in a written order, and it must come inside the period. A hearing without an order does not stop the clock.
And the extension itself must be ordered within the first 60 days. An extension granted on day 65 comes too late.
The format requirement
Rule 59(b) is where the format comes from:
Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment. The motion for a new trial must set forth, in the heading of the motion and under the cause number and department identification, the date which is 60 days from the date of the filing of the motion, and the date which is 120 days from the date of filing of the motion.
Because Rule 60(c)(1) says a Rule 60(b) motion "shall follow the format set forth in Rule 59(b)", your motion must carry, in its heading, under the cause number and department identification, two dates:
- the date 60 days from filing, and
- the date 120 days from filing.
Calculate both before you file, and put them where the rule says. They are also your own diary dates — the second one is when the motion dies whatever happens.
(The 28-day figure in Rule 59(b) is the deadline for a motion for a new trial. A Rule 60(b) motion takes the format from that rule, not that deadline — its own limit is the one year in Rule 60(c)(1).)
The grounds
Montana's Rule 60(b) carries the six familiar grounds, and the one-year cap applies to the first three:
| Ground | Outer limit |
|---|---|
| (1) mistake, inadvertence, surprise, excusable neglect | 1 year |
| (2) newly discovered evidence | 1 year |
| (3) fraud, misrepresentation, misconduct | 1 year |
| (4) void judgment | reasonable time only |
| (5) satisfied, released, discharged, or no longer equitable | reasonable time only |
| (6) any other reason that justifies relief | reasonable time only |
Rule 60(c)(2): "The motion does not affect the judgment's finality or suspend its operation."
Rule 60(d) preserves the court's power to entertain an independent action and to grant other relief outside the rule.
Entry of default versus judgment
Mont. R. Civ. P. 55(c):
Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).
| Stage | Standard | Deadline |
|---|---|---|
| Entry of default | good cause | none stated |
| Default judgment | Rule 60(b) | 1 year on (1)–(3), plus the deemed-denied clock |
The distinction matters more in Montana than elsewhere, because the good-cause route carries neither the one-year cap nor the deemed-denied risk.
How the judgment was entered
Rule 55(b)(1):
By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk — on the plaintiff's request, with an affidavit showing the amount due — must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
Rule 55(b)(2):
By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals — preserving any Montana statutory right to a jury trial — when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or
The clerk route needs a sum certain, a request, an affidavit showing the amount due, and a default for not appearing. Everything else goes to the court — and there, 7 days' written notice was owed if you had appeared.
Rule 55(d) bars a default judgment against the State of Montana, its officers, agencies or political subdivisions except on satisfactory evidence.
If you have not been defaulted yet
See responding to a Montana complaint for the deadline and what the answer must contain.
How Montana compares
| Montana | Idaho | Wyoming | Federal | |
|---|---|---|---|---|
| Outer limit on (1)–(3) | 1 year | 6 months | 1 year | 1 year |
| Motion deemed denied if not ruled on | yes, 60 days / 120 days | no | no | no |
| Ruling must be a written order | yes | — | — | — |
| Deadline dates required in the heading | yes | no | no | no |
| Notice if you appeared | 7 days | 3 days | 7 days | 7 days |
| Standard to set aside an entry | good cause | good cause | good cause | good cause |
A short checklist
- Count one year from entry for mistake, newly discovered evidence and fraud.
- Calculate the 60-day and 120-day dates before filing and put them in the heading, under the cause number and department identification.
- Diary day 60. Without a written order by then, your motion is denied by operation of the rule.
- Watch for an extension order inside the 60 days — that is the only way the period reaches 120.
- Press for a ruling. A hearing is not an order.
- Check whether a judgment exists or only an entry of default. Good cause carries neither clock.
- Check the 7 days' notice if you had appeared.
- If the clerk entered it, confirm the claim was for a sum certain and that an affidavit of the amount due was filed.
Where these rules live
- Mont. R. Civ. P. 55 — Default; Default Judgment
- Mont. R. Civ. P. 59 — New Trial; Altering or Amending a Judgment
- Mont. R. Civ. P. 60 — Relief from a Judgment or Order
This page explains what the rules say. It isn't legal advice, and what amounts to good cause or excusable neglect is developed in case law this site doesn't cover.