Futility of Amendment

It is not an abuse of discretion to deny a motion to amend for futility when it is clear that the complaint would not be saved by the amendment. Advocates for Sch. Trust Lands v. State, 2022 MT 46, ¶ 36, __ Mont. __, __ P.3d __. Conversely, it is an abuse of discretion to deny leave to amend [on grounds of futility] where it cannot be said that the pleader can develop no set of facts under its proposed amendment that would entitle the pleader to the relief sought. Advocates, ¶ 36. But the question of whether the proposed amendment entitles the plaintiff to relief (i.e., is or is not futile) is a question of law. Advocates, ¶ 36.