25-9-104. Procedure after judgment on issue of law. On a judgment for the plaintiff upon an issue of law, the plaintiff may proceed in the manner prescribed by Rule 55(a) and (b), M.R.Civ.P., upon the failure of the defendant to answer. If judgment is for the defendant upon an issue of law and the taking of an account or the proof of any fact is necessary to enable the court to complete the judgment, a reference may be ordered, as provided in Rule 55(b).

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Terms Used In Montana Code 25-9-104

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.