Montana Code 27-15-102. Availability of provisional remedies to defendant interposing counterclaim
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27-15-102. Availability of provisional remedies to defendant interposing counterclaim. Whenever the defendant interposes a counterclaim and demands an affirmative judgment against the plaintiff, the defendant’s right to a provisional remedy is the same as it would be in an action brought by the defendant against the plaintiff for the cause of action stated in the counterclaim and demanding the same judgment. For the purpose of applying the provisions of Title 25, chapter 8, and Title 27, chapters 15 through 20, to a case involving a counterclaim, the defendant is considered the plaintiff, the plaintiff is considered the defendant, and the counterclaim set forth in the answer is considered the complaint.
Terms Used In Montana Code 27-15-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.