Montana Code 40-1-105. Application of Montana Rules of Civil Procedure
40-1-105. Application of Montana Rules of Civil Procedure. (1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.
Terms Used In Montana Code 40-1-105
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(2)A proceeding for declaration of invalidity of marriage must be entitled, “In re the Marriage of………. and…………”. A parenting or support proceeding must be entitled, “In re the (parenting) (support) of……..”.
(3)The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.
(4)In this chapter, “decree” includes “judgment”.