Montana Notice of Pending Suit

State:
Montana
Control #:
MT-KL-574-02
Format:
PDF
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A02 Notice of Pending Suit

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FAQ

N. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity."

Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property.

The term suit is not defined under the in the C.P.C. but by various decisions it can be said that Suit ordinarily means a civil proceedings instituted by presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights (or substantive rights, it may be against state or individual).

N. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity." (

Begun, but not yet completed; during; before the conclusion of; prior to the completion of; unsettled; in the process of adjustment. A lawsuit is said to be pending from its inception until the issuance of a final judgment by a court.

A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.

(Entry 1 of 2) 1 : a set of garments: such as. a : an ensemble of two or more usually matching outer garments (such as a jacket, vest, and trousers) businessmen wearing three-piece suits. b : a costume to be worn for a special purpose or under particular conditions gym suits.

N. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity." (

The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.

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Montana Notice of Pending Suit