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Civil procedure

plaintiff's petition or complaint

The plaintiff’s petition or complaint is the document filed with the court and delivered to the defendant (served) that initiates a lawsuit and puts the defendant on notice of the plaintiff’s claims against the defendant and the relief the plaintiff is asking the court to award (usually money or injunctive relief).

In Montana, the plaintiff's petition or complaint is the initial legal document filed in a civil court to start a lawsuit. This document outlines the plaintiff's allegations and the specific relief or damages sought. According to Montana Rules of Civil Procedure (MRCP), once the complaint is filed with the court, it must be properly served on the defendant, typically through personal service, service by mail, or by a process server. The service of the complaint provides the defendant with formal notice of the legal action and the claims against them, allowing them the opportunity to respond. The defendant is required to answer the complaint within a specified time frame, usually 21 days if served within Montana, to avoid a default judgment. The complaint must also meet certain requirements, such as stating the facts constituting the cause of action and the relief sought, to be considered valid under Montana law.

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Civil procedure

plaintiff's petition or complaint

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

plaintiff's petition or complaint

Articles