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Civil procedure

Civil procedure includes the procedures and rules that govern civil (non-criminal) litigation in state and federal courts. Many states have rules of civil procedure written by the state supreme court, for example, and other states include their rules of procedure in state statutes enacted by the state legislature.

In Montana (MT), civil procedure is governed by the Montana Rules of Civil Procedure (MRCP), which are promulgated by the Montana Supreme Court. These rules outline the procedures for conducting civil litigation in the state's district courts. They cover various aspects of the legal process, including the filing of lawsuits, service of process, motions, discovery, trial procedures, and appeals. Additionally, the Montana Code Annotated (MCA) contains statutes that may also affect civil litigation, such as statutes of limitations for filing certain types of lawsuits and laws governing specific areas of civil law. For federal cases, the Federal Rules of Civil Procedure (FRCP) apply to civil litigation in the U.S. District Courts located in Montana. These federal rules are consistent across all federal courts in the United States and are designed to ensure fairness and efficiency in the federal civil justice system.

Legal Articles

State Statutes

abate lawsuit agreed case altering or amending judgment amending pleadings appeals

closing argument compel arbitration consolidation of lawsuits continuance

declaratory judgment default judgment defendant's answer to lawsuit directed verdict discovery dismissal for want of prosecution disqualification of attorney disqualification of judge

e - discovery e - filing evidence ex parte hearing exclude expert witness

findings of fact, conclusions of law forum non conveniens

hearsay

injunctions interpleader intervening in a lawsuit (intervention)

judgment judgment as a matter of law judgment notwithstanding the verdict (JNOV)judgment nunc pro tunc judicial notice jury charge jury selection jury verdict

motion in limine motion to dismiss

new trial nonsuit

offer of judgment or settlement offer of proof and bill of exception opening statement

personal jurisdiction plaintiff's petition or complaint pretrial conference

remand from federal court to state court remittitur removal from state court to federal court res judicata and collateral estoppel right to jury trial

sanctions, contempt separate trials / bifurcated trial serving defendant with lawsuit severance of claims special appearance special exceptions special master / master in chancery subject matter jurisdiction summary judgment summons and complaint

temporary restraining order (TRO)

venue

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Civil procedure

Individual & Family Legal Plan

Articles

Montana State Code

Civil procedure

Montana State Code

Articles