This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Montana Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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How to fill out Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?
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FAQ
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice. The Montana court rule requires local counsel to be at least minimally involved in the case.
Complaint: The Court has civil complaint forms available for you to use which include instructions that will help you explain your lawsuit to the presiding judge and to the opposing party or parties. Filing Fee: The filing fee for a complaint is $350.00 plus a $50.00 administrative fee for a total of $400.00.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
: serving to declare, set forth, or explain. 2. a. : declaring what is the existing law. declaratory statute.
Declaratory relief is when an applicant presents a legal question to the court seeking only a declaration with respect to the parties' rights. There is no consequence sought beyond the court's opinion on the matter.