Comprehensive Guide to Montana Civil Motion Practice

Overview of Montana Civil Procedure

Montana civil motion practice is governed by the Montana Rules of Civil Procedure (Mont. R. Civ. P.), which apply in the state's District Courts — the primary trial courts for civil matters. Montana's civil procedure rules are modeled on the Federal Rules of Civil Procedure but contain important state-specific variations that practitioners must understand to avoid procedural pitfalls.

Motion to Dismiss (Failure to State a Claim)

Montana's Pleading Standard

Montana follows notice pleading, similar to Federal Rule of Civil Procedure 12(b)(6). Under Mont. R. Civ. P. 8(a), a complaint must contain only a short, plain statement of the claim showing that the pleader is entitled to relief. Montana does not require fact pleading or detailed factual allegations at the pleading stage.

Standard for Motion to Dismiss

A motion to dismiss under Mont. R. Civ. P. 12(b)(6) challenges whether the complaint states a claim upon which relief can be granted. The court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff. The plaintiff must allege sufficient facts to state a plausible claim for relief — a standard requiring more than mere "labels and conclusions" or "formulaic recitation of the elements."

When evaluating a Rule 12(b)(6) motion, courts examine whether the complaint contains enough factual allegations to raise a reasonable expectation that discovery will reveal evidence supporting the legal claims. This is a pleading-stage inquiry, not a summary judgment motion.

Procedure and Deadlines

Motion for Summary Judgment

Legal Standard

Mont. R. Civ. P. 56 governs summary judgment. A moving party is entitled to judgment as a matter of law when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to demonstrate the absence of a genuine dispute of material fact.

Once the moving party meets this burden, the opposing party must set forth specific facts showing a genuine dispute for trial. Courts view the record and inferences in the light most favorable to the non-moving party.

Filing Deadlines

Partial Summary Judgment

Mont. R. Civ. P. 56(a) explicitly authorizes partial summary judgment, resolving some claims or issues while allowing others to proceed to trial. Courts frequently grant partial summary judgment to narrow the issues for trial.

Burden of Proof and Evidence

Motion for Judgment on the Pleadings

Mont. R. Civ. P. 12(c) permits a motion for judgment on the pleadings after the pleadings are closed. This motion challenges whether, accepting all factual allegations as true, the moving party is entitled to judgment as a matter of law. It is rarely successful and is typically used when the legal answer to the claim is clear from the pleadings alone, with no factual development needed.

The standard is similar to a Rule 12(b)(6) motion but may be filed later in the case.

Motion to Compel Discovery

Meet-and-Confer Requirement

Mont. R. Civ. P. 37(a)(2) requires that before filing a motion to compel, the moving party must make a good faith effort to obtain the discovery without court intervention. This typically includes a letter demanding the discovery and a reasonable opportunity for response (often 7–10 days). Courts strictly enforce this requirement and may deny motions to compel if the meet-and-confer obligation is not satisfied.

Filing and Service

Fee-Shifting

Mont. R. Civ. P. 37(a)(5) requires the court to award reasonable expenses, including attorney fees, to the prevailing party on a motion to compel unless the moving party failed to make a good faith attempt to obtain the discovery, the responding party's position was substantially justified, or other circumstances make an award unjust.

This fee-shifting provision creates strong incentives to comply with discovery requests and to resolve disputes without court intervention.

Motion in Limine

Purpose and Timing

Motions in limine under Mont. R. Civ. P. 56 (evidence rules) are filed to exclude prejudicial, irrelevant, or otherwise inadmissible evidence before trial. They prevent juries from hearing harmful material and preserve trial efficiency.

Common Topics

Prior Bad Acts: Evidence of a party's prior bad acts, crimes, or similar conduct is generally inadmissible under Mont. R. Evid. 404(b) unless it is relevant to a material issue other than character. Motions in limine commonly seek to exclude such evidence or limit it to specific purposes.

Insurance: Under Mont. R. Evid. 411, evidence that a party has liability insurance is inadmissible to prove negligence or wrongdoing. Insurance motions in limine ensure this evidence is kept from the jury.

Settlement Discussions: Mont. R. Evid. 408 prohibits admission of settlement offers, compromise negotiations, and statements made during settlement discussions to prove liability. Motions in limine protect settlement settlement discussions from jury exposure.

Damages Calculations, Expert Testimony, and Prejudicial Evidence: Practitioners also commonly file motions in limine to exclude unsupported damage calculations, expert testimony lacking proper foundation, and highly prejudicial photographs or exhibits.

Procedure

Motion for Default Judgment

Procedure When Defendant Fails to Answer

Mont. R. Civ. P. 55(a) permits entry of default when a defendant fails to respond to a complaint within the time allowed. Before seeking a default judgment, the plaintiff should:

1. Verify that the defendant was properly served
2. Confirm that no answer or responsive pleading was filed
3. Review any court orders extending time to respond

Proving Damages

Under Mont. R. Civ. P. 55(b), once default is entered, the court must determine damages:

Courts take default judgments seriously and often require clear evidence before entering judgment, especially in larger cases.

Motion to Amend Complaint

Standards for Leave to Amend

Mont. R. Civ. P. 15(a) governs amendments. A plaintiff may amend the complaint once as a matter of right within 21 days after service of a responsive pleading or within 21 days after service of a motion under Rule 12(b), 12(e), or 12(f), whichever is earlier. After this period, amendment requires court permission.

The court should grant leave to amend unless there is a strong reason to deny it, such as undue prejudice, bad faith, or futility. Montana courts liberally permit amendments to avoid dismissal on technical grounds.

Relation Back Doctrine

Mont. R. Civ. P. 15(c) allows amendments to relate back to the date of the original complaint in two situations:

1. When the claim arises from the same conduct, transaction, or occurrence as the original complaint, and
2. When the new defendant (in a naming error case) received notice within 90 days and would not be prejudiced

The relation back doctrine is critical for overcoming statutes of limitations; it allows late amendments to reach claims that would otherwise be barred.

Motion for Temporary Restraining Order / Preliminary Injunction

Required Elements

Mont. R. Civ. P. 65 governs injunctive relief. A party seeking a temporary restraining order (TRO) or preliminary injunction must demonstrate:

1. Likelihood of Success on the Merits: The plaintiff must show a substantial case on the merits — not merely a theoretical argument
2. Irreparable Harm: The plaintiff must prove that the injury cannot be adequately remedied by money damages
3. Balance of Equities: The hardship to the plaintiff outweighs the hardship to the defendant
4. Public Interest: Granting the order serves the public interest

Montana courts apply these requirements strictly and are cautious about interfering with business operations or restricting conduct before trial.

Procedure

Motion to Change Venue / Transfer

Mont. R. Civ. P. 15(a) does not directly address venue, but Montana's venue statutes (found in Mont. Code Ann. § 25-2-101 et seq.) establish where actions may be brought. Venue may be challenged by motion:

Motion to Consolidate or Sever

Consolidation

Mont. R. Civ. P. 42(a) permits the court to consolidate separate actions involving common questions of law or fact. This conserves judicial resources and prevents inconsistent judgments. Parties may file a motion to consolidate, or the court may consolidate on its own initiative.

Severance

Mont. R. Civ. P. 42(b) allows the court to sever claims or parties when severance will promote convenience, avoid prejudice, or facilitate resolution. A party may move to sever if joinder creates unfair prejudice or confusion.

Motion for Continuance

Mont. R. Civ. P. 6(b) permits the court to extend time periods, including continuances of trial. A motion for continuance should:

Courts disfavor continuances and require substantial justification. Repeated motions or last-minute requests are often denied.

Post-Trial Motions

Motion for New Trial

Mont. R. Civ. P. 59 governs motions for new trial. A party must file the motion within 10 days after entry of judgment. Grounds include:

The motion must be specific about which errors or defects warrant a new trial.

Motion for Judgment Notwithstanding the Verdict (JNOV) / Judgment as a Matter of Law

Mont. R. Civ. P. 50 permits a motion for judgment as a matter of law (called JNOV in some jurisdictions). The motion must be:

To succeed, the moving party must show that the evidence is so one-sided that reasonable jurors could not differ. This is a high burden.

Motion to Alter or Amend Judgment

Mont. R. Civ. P. 59(e) permits a party to file a motion to alter or amend judgment within 10 days after entry. Grounds include:

This motion is used to address defects in the judgment itself, not to challenge the underlying trial verdict on evidentiary grounds.

All post-trial motions must be filed within 10 days of entry of judgment or the deadlines are forfeited.

General Motion Practice Rules in Montana

Format Requirements

Under Mont. R. Civ. P. 5 and Mont. R. Civ. P. 11, motions must include:

Notice and Service Requirements

Mont. R. Civ. P. 5(b) requires service on all parties. Service methods include:

Timing: A motion must generally be served and filed at least 10 days before the hearing date (except for certain motions like motions for temporary restraining orders). The motion must specify the date and time of the hearing.

Page and Word Limits

Montana rules do not impose strict page limits on memoranda of law, but practicality and court custom suggest:

Check the specific District Court's local rules, as some courts impose limits via standing orders.

Filing and E-Filing

Mont. R. Civ. P. 5(d) now permits electronic filing in most Montana District Courts. Many courts have transitioned to mandatory e-filing systems (e.g., through electronic filing services). However:

Hearing Procedures

Oral Argument: Whether a court grants oral argument on a motion depends on:

Submission on Papers: Many motions, especially technical or procedural ones, are decided without oral argument. The judge reviews the briefs, affidavits, and exhibits and issues a written ruling.

Opposition and Reply Deadlines

These deadlines allow the moving party to respond to new arguments in the opposition without conducting an excessive briefing cycle.

Ex Parte Motions

Mont. R. Civ. P. 65(b) permits ex parte motions (without notice to the opponent) in limited circumstances: