Montana Order of Dismissal
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FAQ
(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.
If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation.
A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. (b) By a Defending Party. A party against whom relief is sought may move, with or without supporting affidavits, for summary judgment on all or part of the claim.
If you are a party responding to a motion you may file a responding motion record and respondent's factum.
LexRoll.com > Law Dictionary > Civil Procedure > Failure to Prosecute. Failure of the plaintiff (in a civil case) or the prosecutor (in a criminal case) to diligently pursue the case after it is filed, which can be grounds for dismissal of the case.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
Rule 7. Pleadings allowed. In justice or city court there may be a complaint, answer, counterclaim, and reply to a counterclaim. No other pleadings are allowed, except that the court may order a reply to an answer.
