This form brings together several boilerplate contract clauses that are generally found in contract agreements and puts them together into a cohesive example document. General provisions and alternatives are included regarding notice, amendments, severability, assignments, governing law, and many others.
Montana Putting It All Together - General Provisions
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Before action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any district court of the state of Montana may file a verified petition in the district court in the county of the residence of any expected adverse party.
The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant.
Each party and each party's attorney are under a duty to participate in good faith in the framing of a discovery plan if a plan is proposed by the attorney for any party. Notice of the motion shall be served on all parties.
No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
If a party or its attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require that party or attorney to pay to any other party the reasonable expenses, including attorney fees, caused by the failure.
Rule 22. Stay of judgment or order pending appeal. (1) Motion for stay in the district court. (iii) For an order suspending, modifying, restoring, or granting an injunction pending appeal.
Federal Rule of Civil Procedure 27 provides that a verified petition may be filed to request depositions before an action is filed in district court.