§ 27-28-201 Leave to file complaint
§ 27-28-202 Summons — complaint filed without leave
§ 27-28-203 Service by publication
§ 27-28-204 Pleadings
§ 27-28-205 Judgment — unlawful assertion of authority
§ 27-28-206 Right to appeal
§ 27-28-207 Procedure when action brought in supreme court

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Terms Used In Montana Code > Title 27 > Chapter 28 > Part 2 - Procedure in General

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.