Montana Statutes
§ Rule 11 — Substitution Of Parties
Montana·Title 25 CIVIL PROCEDURE·Ch. 23 MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE·Part 1 Rules
Rule 11 . Substitution of parties.
A.SUBSTITUTION. If an original party to an action dies, becomes incompetent, transfers the party's interest, or is succeeded in office and the claim survives the absence of the original party, the justice or city court may order substitution of the proper party. The substitution is governed by Rule 10A.
B.FAILURE TO MAKE SUBSTITUTION. If substitution is not made within twenty (20) days after being ordered, the action must be dismissed without prejudice.
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Legislative History
En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
Nearby Sections
15
§ Rule 1
Scope Of Rules§ Rule 10
Naming Of Parties To Action§ Rule 11
Substitution Of Parties§ Rule 13
Discovery§ Rule 14
Pretrial Conferences§ Rule 15
Right To Jury Trial§ Rule 16
Failure To Appear Or Proceed§ Rule 17
Costs§ Rule 18
Jury§ Rule 19
Order Of Trial§ Rule 2
Commencement Of Action§ Rule 20
Notice Of Trial§ Rule 21
Entry Of Judgment§ Rule 22
Relief From Judgment