Montana Separate Answer and Defenses to Amended Complaint

State:
Multi-State
Control #:
US-PI-0189
Format:
Word; 
Rich Text
Instant download

Description

This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
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FAQ

(b) Service of complaint When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

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.

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.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.

Rule 15(c)(1) indicates that an amendment to a complaint will relate back to the date of the original pleading if certain conditions are satisfied. First, the law that provides the applicable statute of limitations must allow the relation back. Fed.

Rule 56. Summary Judgment. (a) By a Claiming Party. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim.

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Montana Separate Answer and Defenses to Amended Complaint