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Proposed Civil Rules Changes

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TITLE I: SCOPE OF RULES; FORM OF ACTION

Rule 1. Scope of Rules

Rule 2. One Form of Action

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

Rule 3. Commencing an Action

Rule 4. Persons Subject to Jurisdiction; Process; Service

  1. Definition of Person.
  2. Jurisdiction of Persons.
  3. Summons.
  4. Service.
  5. Serving an Individual.
  6. Serving a Minor Over the Age of 14 Years.
  7. Serving a Minor Under the Age of 14 Years.
  8. Serving an Incompetent Person.
  9. Serving a Business or Nonprofit Entity.
  10. Serving a Corporation or Limited Liability Company When Persons Designated Under Rule 4(i) Cannot Be Found Within Montana.
  11. Serving a Local Government Entity.
  12. Serving the State.
  13. Serving an Estate or Trust.
  14. Personal Service Outside Montana.
  15. Service by Publication.
  16. Serving the Secretary of State.
  17. Amendment.
  18. Proof of Service.
  19. Procedure Where Not All Defendants Served.
  20. Time Limit for Issuance and Service of Process.

Rule 5. Serving and Filing Pleadings and Other Papers

  1. Service: When Required.
  2. Service: How Made.
  3. Serving Numerous Defendants.
  4. Filing.

Rule 5.1 Constitutional Challenge to a Statute - Notice and Intervention

  1. Notice by a Party.
  2. Intervention; Final Decision on the Merits.
  3. No Forfeiture.

Rule 5.2 Privacy Protection for Filings Made With the Court

  1. Redacted Filings
  2. Exemptions from the Redaction Requirement
  3. Filings Made Under Seal.
  4. Protective Orders.
  5. Option for Additional Unredacted Filing Under Seal.
  6. Option for Filing a Reference List.
  7. Non-conforming Documents.

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

  1. Computing Time.
  2. Extending Time.
  3. Motions, Notices of Hearing, and Affidavits.
  4. Additional Time After Certain Kinds of Service. 

TITLE III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions and Other Papers

  1. Pleadings.
  2. Motions and Other Papers.

Rule 7.1 Disclosure Statement

  1. Who Must File; Contents.
  2. Time to File; Supplemental Filing.

Rule 8. General Rules of Pleading

  1. Claim for Relief.
  2. Defenses; Admissions and Denials.
  3. Affirmative Defenses.
  4. Pleading to Be Concise and Direct; Alternative Statements; Inconsistency
  5. Construing Pleadings.

Rule 9. Pleading Special Matters

  1. Capacity or Authority to Sue; Legal Existence.
  2. Fraud or Mistake; Conditions of Mind.
  3. Conditions Precedent.
  4. Official Document or Act.
  5. Judgment.
  6. Time and Place.
  7. Special Damages.

Rule 10. Form of Pleadings

  1. Caption; Names of Parties.
  2. Paragraphs; Separate Statements.
  3. Adoption by Reference; Exhibits.

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

  1. Signature.
  2. Representations to the Court.
  3. Sanctions.
  4. Inapplicability to Discovery.

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

  1. Time to Serve a Responsive Pleading.
  2. How to Present Defenses.
  3. Motion for Judgment on the Pleadings.
  4. Result of Presenting Matters Outside the Pleadings.
  5. Motion For a More Definite Statement.
  6. Motion To Strike.
  7. Joining Motions.
  8. Waiving and Preserving Certain Defenses.
  9. Hearing Before Trial.

Rule 13. Counterclaim and Crossclaim

  1. Compulsory Counterclaim
  2. Permissive Counterclaims.
  3. Relief Sought in a Counterclaim.
  4. Counterclaim Against the State.
  5. Counterclaim Maturing or Acquired After Pleading
  6. [Abrogated.]
  7. Crossclaim Against a Coparty.
  8. Joining Additional Parties.
  9. Separate Trials; Separate Judgments.

Rule 14. Third-Party Practice

  1. When a Defending Party May Bring in a Third Party.
  2. When a Plaintiff May Bring in a Third Party.

Rule 15. Amended and Supplemental Pleadings

  1. Amendments Before Trial.
  2. Amendments During and After Trial.
  3. Relation Back of Amendments.
  4. Supplemental Pleadings.

Rule 16. Pretrial Conferences; Scheduling; Management

  1. Purposes of a Pretrial Conference.
  2. Scheduling.
  3. Attendance and Matters for Consideration at a Pretrial Conference.
  4. Pretrial Orders.
  5. Final Pretrial Conference and Orders.
  6. Sanctions.

TITLE IV. PARTIES

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

  1. Real Party in Interest.
  2. Capacity to Sue or be Sued.
  3. Minor or Incompetent Person.
  4. Public Officer's Title and Name.

Rule 18. Joinder of Claims

  1. In General.
  2. Joinder of Contingent Claims.

Rule 19. Required Joinder of Parties

  1. Persons Required to Be Joined if Feasible.
  2. When Joinder Is Not Feasible.
  3. Pleading the Reasons for Nonjoinder.
  4. Exception for Class Actions.

Rule 20. Permissive Joinder of Parties

  1. Persons Who May Join or Be Joined.
  2. Protective Measures.

Rule 21. Misjoinder and Non-Joinder of Parties

Rule 22. Interpleader

  1. Joinder, cross-claim or counterclaim.
  2. Substitution.

Rule 23. Class Actions

  1. Prerequisites.
  2. Types of Class Actions.
  3. Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.
  4. Conducting the Action.
  5. Settlement, Voluntary Dismissal, or Compromise.
  6. Appeals.
  7. Class Counsel.
  8. Attorney's Fees and Nontaxable Costs.

Rule 23.1 Derivative Actions

  1. Prerequisites.
  2. Pleading Requirements.
  3. Settlement, Dismissal, and Compromise.

Rule 23.2 Actions Relating to Unincorporated Associations

Rule 24. Intervention

  1. Intervention of Right.
  2. Permissive Intervention.
  3. Notice and Pleading Required.

Rule 25. Substitution of Parties

  1. Death.
  2. Incompetency.
  3. Transfer of Interest.
  4. Public Officers; Death or Separation from Office.

TITLE V. DEPOSITIONS AND DISCOVERY

Rule 26. General Provisions Governing Discovery

  1. Discovery Methods.
  2. Discovery Scope and Limits.
  3. Protective Orders.
  4. Sequence and Timing of Discovery.
  5. Supplementing Responses.
  6. Discovery Conference.
  7. Signing Disclosures and Discovery Requests, Responses, and Objections.

Rule 27. Depositions to Perpetuate Testimony

  1. Before an Action is Filed.
  2. Pending Appeal.
  3. Perpetuation by an Action.

Rule 28. Persons Before Whom Depositions May Be Taken

  1. Within the United States.
  2. In Foreign Countries.
  3. Interstate Depositions and Discovery.
  4. Disqualification for Interest.

Rule 29. Stipulation Regarding Discovery Procedure

Rule 30. Depositions by Oral Examination

  1. When a Deposition May Be Taken.
  2. Notice of the Deposition; Other Formal Requirements.
  3. Examination and Cross-Examination; Record of the Examination; Objections; Written Questions.
  4. Duration; Sanction; Motion to Terminate or Limit Examination.
  5. Review by the Witness; Changes.
  6. Certification and Delivery; Exhibits; Copies ofthe Transcript or Recording; Filing.
  7. Failure to Attend a Deposition or Serve a Subpoena; Expenses.

Rule 31. Depositions by Written Questions

  1. When a Deposition May Be Taken.
  2. Delivery to the Officer; Officer’s Duties.
  3. Notice of Completion or Filing.

Rule 32. Using Depositions in Court Proceedings

  1. Using Depositions.
  2. Objections to Admissibility.
  3. Form of Presentation.
  4. Waiver of Objections.

Rule 33. Interrogatories to Parties

  1. In General.
  2. Answers and Objections.
  3. Use.
  4. Option to Produce Business Records.

Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes

  1. In General.
  2. Procedure.
  3. Nonparties.

Rule 35. Physical and Mental Examination

  1. Order for Examination.
  2. Examiner's Report.

Rule 36. Requests for Admissions

  1. Scope and Procedure.
  2. Effect of an Admission; Withdrawing or Amending It.

Rule 37. Failure to Make Discovery; Sanctions

  1. Motion for an Order Compelling Discovery.
  2. Failure to Comply With a Court Order.
  3. Failure to Disclose, to Supplement an Earlier Response, or to Admit.
  4. Party's Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, or Respond to a Request for Inspection.
  5. Failure to Provide Electronically Stored Information.
  6. Failure to Participate in the Framing of a Discovery Plan.

TITLE VI. TRIALS

Rule 38. Right to a Jury Trial; Demand

  1. Right Preserved
  2. Demand.
  3. Specifying Issues.
  4. Waiver; Withdrawal.

Rule 39. Trial by Jury or by the Court

  1. When a Demand Is Made.
  2. When No Demand Is Made.
  3. Advisory Jury; Jury Trial by Consent.

Rule 40. Scheduling Cases for Trial

Rule 41. Dismissal of Actions

  1. Voluntary Dismissal.
  2. Involuntary Dismissal; Effect.
  3. Dismissing a Counterclaim, Crossclaim, or Third-Party Claim.
  4. Costs of a Previously Dismissed Action.

Rule 42. Consolidation; Separate Trials

  1. Consolidation.
  2. Separate Trials.

Rule 43. Taking Testimony

  1. In Open Court.
  2. Affirmation Instead of an Oath.
  3. Evidence on a Motion.
  4. Interpreter.

Rule 44. Proving an Official Record

  1. Means of Proving.
  2. Lack of Record.
  3. Other Proof.

Rule 44.1. Determining Foreign Law

Rule 45. Subpoena

  1. In General.
  2. Service.
  3. Notice of Service.
  4. Protecting a Person Subject to a Subpoena.
  5. Duties in Responding to a Subpoena.
  6. Contempt.

Rule 46. Objecting To A Ruling Or Order

Rule 47. Jurors

  1. Examination of Jurors.
  2. Manner of Selection and Order of Examination of Jurors.
  3. Alternate Jurors.

Rule 48. Juries – Verdict

Rule 49. Special Verdicts And Interrogatories

  1. Special Verdict.
  2. General Verdict with Answers to Written Questions.

Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New  Trial; Conditional Ruling

  1. Judgment as a Matter of Law.
  2. Renewing the Motion After Trial; Alternative Motion for a New Trial.
  3. Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial.
  4. Time for a Losing Party's New-Trial Motion.
  5. Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal.

Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error

  1. Requests.
  2. Instructions.
  3. Objections.
  4. Assigning Error; Plain Error.

Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings

  1. Findings and Conclusions.
  2. Amended or Additional Findings.
  3. Judgment on Partial Finding.
  4. Time for determining motions.

Rule 53. Masters

  1. Appointment
  2. Order Appointing a Master.
  3. Master's Authority.
  4. Master's Orders.
  5. Master's Reports.
  6. Action on the Master's Order, Report, or Recommendations.
  7. Compensation.

TITLE VII. JUDGMENT

Rule 54. Judgments; Costs

  1. Definition; Form.
  2. Judgment on Multiple Claims or Involving Multiple Parties.
  3. Demand for Judgment; Relief to Be Granted.
  4. Costs; Attorney's Fees.

Rule 55. Default; Default Judgment

  1. Entering a Default.
  2. Entering a Default Judgment.
  3. Setting Aside a Default or a Default Judgment.
  4. Judgment Against the State of Montana.

Rule 56. Summary Judgment

  1. By a Claiming Party.
  2. By a Defending Party.
  3. Time for a Motion, Response, and Reply; Proceedings.
  4. Case Not Fully Adjudicated on the Motion.
  5. Affidavits; Further Testimony.
  6. When Affidavits Are Unavailable.
  7. Affidavits Submitted in Bad Faith.

Rule 57. Declaratory Judgments

Rule 58. Entering Judgment

  1. Separate Document.
  2. Entering Judgment.
  3. Time of Entry.
  4. Request for Entry.
  5. Cost, Fee Awards and Sanctions.

Rule 59. New Trial; Altering or Amending a Judgment

  1. In General.
  2. Time to File a Motion for a New Trial.
  3. Time to Serve Affidavits.
  4. New Trial on the Court's Initiative or for Reasons Not in the Motion.
  5. Motion to Alter or Amend a Judgment.
  6. Motion Deemed Denied.

Rule 60. Relief from Judgment or Order

  1. Corrections Based on Clerical Mistakes; Oversights and Omissions.
  2. Grounds for Relief from a Final Judgment, Order, or Proceeding.
  3. Timing and Effect of the Motion.
  4. Other Powers to Grant Relief.
  5. Bills and Writs Abolished.

Rule 61. Harmless Error

Rule 62. Stay of Proceedings to Enforce a Judgment

  1. Automatic Stay; Exceptions for Injunctions, and Receiverships.
  2. Stay Pending the Disposition of a Motion.
  3. Injunction Pending an Appeal.
  4. Stay with Bond on Appeal.
  5. Stay Without Bond on an Appeal by the State of Montana, Its Officers, or Its Agencies.
  6. Security Other Than Bond – Stipulation of Parties.
  7. Appellate Court's Power Not Limited.
  8. Stay with Multiple Claims or Parties.

Rule 62.1. Indicative Rule on a Motion for Relief That is Barred by a Pendiug Appeal

  1. Relief Pending Appeal.
  2. Notice to the Supreme Court.
  3. Remand.

Rule 63. Judge's Inability to Proceed

  1. Replacement Judge May Proceed.
  2. Chief Justice to Assign.
TITLE VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

Rule 64. Seizing a Person or Property

  1. Remedies Under Montana Law – in General.
  2. Specific Kinds of Remedies.

Rule 65. Injunctions

* * No Montana Rule 65.1 * *

Rule 66. Receivers

Rule 67. Deposit into Court

  1. Depositing Property.
  2. Investing and Withdrawing Funds.

Rule 68. Offer of Judgment

  1. Making an Offer; Judgment on an Accepted Offer.
  2. Unaccepted Offer.
  3. Offer After Liability is Determined.
  4. Payiug Costs After an Unaccepted Offer.

Rule 69. Execution

Rule 70. Enforcing a Judgment for a Specific Act

  1. Party's Failure to Act; Ordering Another to Act.
  2. Vesting Title.
  3. Obtaining a Writ of Attachment or Sequestration.
  4. Obtaining a Writ of Execution or Assistance.
  5. Holding in Contempt.

Rule 71. Enforcing Relief For or Against a Nonparty

* * No Montana Rule 71.1 * *

TITLE IX. APPEALS

Rule 72. Appeal From A District Court To The Supreme Court

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS

* * No Montana Rules 73 – 76 * *

Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment

  1. When Court Is Open.
  2. Place for Trial and Other Proceedings.
  3. Clerk's Orders.
  4. Notice of Entry of Judgment or Order Served.
  5. Transmittal of File on Removal.

* * No Montana Rules 78 and 79 * *

Rule 80. Stenographic Transcript as Evidence

TITLE XI. GENERAL PROVISIONS

Rule 81. Applicability in General

  1. Appeals to District Courts.
  2. Rules Incorporated into Statutes.

Rule 82. Jurisdiction and Venue Unaffected

Rule 83. Rules by District Courts

Rule 84. Forms

Rule 85. Title

Rule 86. Effective Date – Statutes Superseded

  1. In General.
  2. _____________________[date] Amendments