Montana Notice - served with Complaint and Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.

Considerations Governing Review on Writ of Certiorari. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.

(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.

A copy of the summons and complaint, at any time after the filing of the affidavit for publication but not later than 14 days after the first publication of the summons, must be mailed, postage prepaid, to the defendant at defendant's place of residence, unless the affidavit for publication states that the residence of ...

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.

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 Notice of Issue is the only notice to the Court that a motion is pending. Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.

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Montana Notice - served with Complaint and Summons