§ 25-35-601 Commencement of action — assistance to claimant
§ 25-35-602 Form of complaint and order of court/notice to defendant
§ 25-35-603 Hearing date
§ 25-35-604 Service on defendant — return
§ 25-35-605 Removal to justice’s court — effect of failure to remove
§ 25-35-606 Defendant’s counterclaim
§ 25-35-607 No further pleadings
§ 25-35-608 Fees
§ 25-35-609 Pretrial conferences or hearings — appearance by telephone conference
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Terms Used In Montana Code > Title 25 > Chapter 35 > Part 6 - Procedure Before Trial

  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.