25-31-802. When issues of fact arise. An issue of fact arises:

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Terms Used In Montana Code 25-31-802

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

(1)whenever a material allegation in the complaint is controverted by the answer; and

(2)whenever the answer contains new matter which raises questions of fact and not merely an issue of law.