# Montana Justice and City Court Rules of Civil Procedure Updated October 27, 2026 Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. Official source text retained on collection date; source versions and later amendments must remain visible. No exhaustive certification of current legal effect. [Official source](https://courts.mt.gov/external/rules/jp_cty_rules_civ_pro.pdf) · Collected 2026-10-27 ## Rule 13. Discovery. A. SCOPE AND LIMITS. There shall be no formal discovery except pursuant to court order as provided by these rules. (1) Either party may make a motion for an order to obtain discovery through the use of requests for production, depositions and written interrogatories, regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the parties seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought is inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (2) Any motion for formal discovery must include a statement that informal discovery was requested but was unsuccessful. (3) (a) The frequency or extent of use of the discovery set forth in this rule must be limited by the court if it determines that: (i) the discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (iii) the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the party's resources, and the importance of the issues at stake in the litigation. (b) The court may act upon its own initiative after reasonable notice or pursuant to Rule 9 or 14. (4) The type and extent of discovery, as well as the appropriate timeframes, must be determined by the court. Either party may request, or the court may order on its own, a hearing on the motion for discovery. (5) Deposition will be allowed only upon written motion and at the discretion of the judge and if allowed must be taken as provided in Rules 26 and 28 through 30 of the Montana Rules of Civil Procedure. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 3. Place of trial or venue. (1) Dismissal. When the county or city in which the complaint is filed is not the proper venue, and any party moves for dismissal because of the improper venue, the court must dismiss the complaint without prejudice. Any motion for dismissal for improper venue under this subsection must be made at least ten days before trial, or it is waived. A complaint dismissed because of improper venue may be refiled in another county or city upon the payment of the filing fee. If a complaint is filed in an improper venue and is subsequently dismissed under this subsection, the applicable statute of limitations stops running on the date the complaint is filed, and restarts thirty (30) days after the service on the opposing party of the order of dismissal. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 9. Motions and other papers. A. APPLICATION. An application to the court for an order must be by motion, which, unless made during a hearing or trial, must be in writing. A motion must state with particularity the grounds for the motion and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing on the motion. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 19. Order of trial. In a nonjury trial or in a jury trial after the jury has been impaneled, the trial must proceed in the following order, unless the court, for good cause, otherwise directs: (1) The party on whom rests the burden of the issues may briefly state a case and the evidence by which the party expects to sustain it. (2) The adverse party may next briefly state a defense and the evidence the party expects to offer in support of it, or the party may reserve the opening statement for the beginning of the case. (3) The party on whom rests the burden of the issues must first produce evidence. The adverse party will then produce evidence. (4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case. (5) The court shall charge the jury with its duties, instructing it in all matters of law that it finds necessary for the jury's information in rendering a verdict. Proposed instructions may be offered to the court by the parties. Instructions shall be offered if ordered at the pretrial conference. (6) (a) The order for final argument is plaintiff, defendant, and rebuttal by plaintiff of defendant's argument. No further argument is allowed. If several defendants having several defenses appear by different counsel, the court shall determine their relative order in the evidence and argument. (b) In arguing the case to the jury, a party or counsel may argue and comment upon the law of the case as given in the instructions of the court, as well as upon the evidence in the case. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4. Persons -- jurisdiction -- process -- service. (c) that the person making the service knew the person served to be the person named and intended to be served. (10) Procedure where only some of defendants served. If the summons is not served on all of the defendants, the plaintiff may proceed to trial and judgment against the defendant or defendants on whom the process is served and may at any time thereafter have a summons served against any defendant not served with the first process to cause that defendant to appear in court to show cause why that defendant should not be made a party to the judgment. Upon a defendant being duly served with the process, the court shall hear and determine the matter in the same manner as if the defendant had been originally brought into court, and the defendant must also be allowed the benefit of any payment or satisfaction that may have been made on the judgment before recovered. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 14. Pretrial conferences. A. OBJECTIVES. In any action, the court may, in its discretion, direct the parties' attorneys or the parties to appear before it for one or more conferences before trial for the following purposes: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be delayed because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial with more thorough preparation; and (5) facilitating the settlement of the case. All pretrial scheduling shall be the duty of the judge. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 5. Service and filing of pleadings and other papers, excluding summons. A. WHEN MADE. Whenever a pleading permitted by Rule 7 is filed and served, the party served shall file and serve any further written pleading within 20 days, unless otherwise provided by law, after service unless the time period is extended pursuant to Rule 6B, M.J.R.Civ.P. The party served may file a written pleading after 20 days if no default has been entered. All original pleadings and other papers must be filed with the court. A copy must be served on all other parties or their attorneys as provided below. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 20. Notice of trial. After all parties served with process have appeared or some have appeared and the remaining have been defaulted, the judge, upon request of any party, shall fix a day for trial of the cause and shall provide notice of the trial date to the plaintiffs and defendants who have appeared. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 15. Right to jury trial. A. RIGHT PRESERVED. The right of a trial by jury as declared by the constitutions of the United States and the State of Montana or as given by statute must be preserved to the parties inviolate. Civil proceedings in Justice and City Courts; preserve the publisher’s stated compilation date. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.