When a plaintiff (person or entity) files a lawsuit, the person or entity being sued is generally known as the defendant. The defendant is served with (usually handed in person) a copy of the lawsuit, accompanied by information stating the time within which the defendant must file an answer to the lawsuit—usually 20 to 30 days after receipt of the lawsuit.
In Montana, when a plaintiff initiates a lawsuit, the individual or entity being sued is referred to as the defendant. The defendant must be served with a copy of the complaint and a summons, which is the official notice of the lawsuit. Service of process must be performed in accordance with Montana law, which typically requires personal delivery to the defendant. Once served, the defendant has a specific time frame to respond to the lawsuit by filing an answer with the court. Under the Montana Rules of Civil Procedure, Rule 12(a), the defendant generally has 21 days to file an answer if service is made within the state of Montana. If the defendant is served outside of Montana but within the United States, they have 30 days to respond. The answer must address the allegations made in the complaint, and failure to respond within the allotted time can result in a default judgment against the defendant.