by admin | May 13, 2021 | Civil Procedure, Montana
(a) Joinder, cross-claim, or counterclaim. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though: (A) the claims of the...
by admin | May 13, 2021 | Civil Procedure, Montana
Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party. M.R. Civ. P. 21En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011,...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Persons Who May Join or Be Joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Persons Required to be Joined if Feasible. (1) Required Party. A person who is subject to service of process must be joined as a party if: (A) in that person’s absence, the court cannot accord complete relief among existing parties; or(B) that person claims...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.(b) Joinder of Contingent Claims. A party may join two claims even though one...
by admin | May 13, 2021 | Civil Procedure, Montana
(a) Real Party in Interest. (1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) an executor;(B) an...
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