Montana Rules of Civil Procedure R. 9
Rule 9. Pleading Special Matters.
Terms Used In Montana Rules of Civil Procedure R
- Allegation: something that someone says happened.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- 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)Capacity or Authority to Sue; Legal Existence.
(1)In General. A pleading need not allege:
(A)a party’s capacity to sue or be sued;
(B)a party’s authority to sue or be sued in a representative capacity; or
(C)the legal existence of an organized association of persons that is made a party.
(2)Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.
(b)Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person‘s mind may be alleged generally.
(c)Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d)Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.
(e)Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
(f)Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.
(g)Special Damages. If an item of special damage is claimed, it must be specifically stated.