Rule 44 – Proving an Official Record

by | May 13, 2021 | Civil Procedure, Montana

(a) Means of Proving. (1) Domestic Record. Each of the following evidences an official record — or an entry in it — that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the...

Rule 43 – Taking Testimony

by | May 13, 2021 | Civil Procedure, Montana

(a) In Open Court. At trial, the witnesses’ testimony must be taken in open court unless a Montana statute, the Montana Rules of Evidence, these rules, or other rules adopted by the supreme court provide otherwise. For good cause in compelling circumstances and...

Rule 42 – Consolidation; Separate Trials

by | May 13, 2021 | Civil Procedure, Montana

(a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions;(2) consolidate the actions; or(3) issue any other orders to avoid unnecessary cost or...

Rule 41 – Dismissal of Actions

by | May 13, 2021 | Civil Procedure, Montana

(a) Voluntary Dismissal. (1) By the Plaintiff. (A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable state statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing...

Rule 39 – Trial by Jury or by the Court

by | May 13, 2021 | Civil Procedure, Montana

(a) When a Demand is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless: (1) the parties or their attorneys file a stipulation to a nonjury...