by admin | May 13, 2021 | Civil Procedure, Montana
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.(b) Entering a Default Judgment....
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Definition; Form. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master’s report, or a record of prior proceedings.(b) Judgment on Multiple...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Appointment. (1) Definition. As used in these rules, the word “master” includes a referee, an auditor, an examiner, and an assessor. (A) Standing Masters. A judicial district may appoint one or more standing masters for its district with the...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Findings and Conclusions. (1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Requests. (1) Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.(2)...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Judgment as a Matter of Law. (1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may: (A)...
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