Montana Rules of Civil Procedure R. 8
Rule 8. General Rules of Pleading.
Terms Used In Montana Rules of Civil Procedure R
- Allegation: something that someone says happened.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)Claim for Relief. A pleading which states a claim for relief must contain:
(1)a short and plain statement of the claim showing that the pleader is entitled to relief; and
(2)a demand for the relief sought, which may include relief in the alternative or different types of relief.
(b)Defenses; Admissions and Denials.
(1)In General. In responding to a pleading, a party must:
(A)state in short and plain terms its defenses to each claim asserted against it; and
(B)admit or deny the allegations asserted by an opposing party.
(2)Denials — Responding to the Substance. A denial must fairly respond to the substance of the allegation.
(3)General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading — including the jurisdictional grounds — may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
(4)Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
(5)Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
(6)Effect of Failing to Deny. An allegation — other than one relating to the amount of damages — is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
(c)Affirmative Defenses.
(1)In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including, but not limited to:
• accord and satisfaction;
• action on advice of counsel;
• arbitration and award;
• assumption of risk;
• comparative negligence;
• discharge in bankruptcy;
• duress;
• estoppel;
• failure of consideration;
• fraud;
• illegality;
• injury by fellow servant;
• laches;
• license;
• payment;
• release;
• res judicata;
• statute of frauds;
• statute of limitations; and
• waiver.
(2)Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.
(d)Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.
(1)In General. Each allegation must be simple, concise, and direct. No technical form is required.
(2)Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
(3)Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.
(e)Construing Pleadings. Pleadings must be construed so as to do justice.