Montana General Form of an Answer by Defendant in a Civil Lawsuit

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Multi-State
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US-00961BG
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This is an answer to a civil lawsuit which includes affirmative defenses.

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FAQ

Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative ( ...

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

Answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint.

Steps in a Trial Pleadings. A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the court that state the parties' basic positions.

The answer may contain affirmative defenses and counterclaims against the plaintiff. If there are counterclaims asserted, the plaintiff must then serve and file a written reply to the counterclaims.

(1) A plaintiff must accomplish service within three years after filing a complaint. Absent an appearance by defendant(s), the court, upon motion or on its own initiative, must dismiss an action without prejudice if the plaintiff fails to do so.

(4) Content of notice of appeal or cross-appeal. (a) The notice of appeal or cross-appeal shall specify the party or parties taking the appeal or cross-appeal, and shall designate the final judgment or order or part thereof from which the appeal is taken.

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Montana General Form of an Answer by Defendant in a Civil Lawsuit