Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.

Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.

In Montana, as in other jurisdictions, there is a legal presumption that lawsuits are filed in good faith. For a party to face sanctions for filing a lawsuit, the opposing party must demonstrate that the lawsuit was not only without merit but also filed with improper motives, such as bad faith or harassment. Montana's rules, similar to federal rules, require that attorneys and parties conduct a reasonable investigation into the facts and applicable law before filing claims. This standard is designed to prevent the abuse of the judicial process without deterring legitimate claims. Contempt of court in Montana encompasses acts of disobedience or disrespect towards the court's authority. This can include failure to comply with court orders or disruptive behavior in court. Contempt can result in civil or criminal penalties, depending on the nature of the contemptuous act and the court's determination.