Montana § Rule 12 Joinder Of Claims And Parties Necessary For Just Adjudication

Montana Statutes

§ Rule 12 — Joinder Of Claims And Parties Necessary For Just Adjudication

Montana·Title 25 CIVIL PROCEDURE·Ch. 23 MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE·Part 1 Rules

Rule 12 . Joinder of claims and parties necessary for just adjudication. A. INVOLUNTARY JOINDER. A person subject to service of process must be joined if in the person's absence:

(1)complete relief cannot be accorded among those already parties;

(2)the person will not be able to protect the person's interest in the subject of the action without being named; or

(3)there is the likelihood of double, multiple, or otherwise inconsistent obligations incurred by reason of the person's claimed interest. B. PERMISSIVE JOINDER. All persons may join in an action if they assert any right to relief, whether jointly or as individuals, arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or of fact common to all will arise in the action.

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Rule 12 . Joinder of claims and parties necessary for just adjudication.
A. INVOLUNTARY JOINDER. A person subject to service of process must be joined if in the person's absence:
(1) complete relief cannot be accorded among those already parties;
(2) the person will not be able to protect the person's interest in the subject of the action without being named; or
(3) there is the likelihood of double, multiple, or otherwise inconsistent obligations incurred by reason of the person's claimed interest.
B. PERMISSIVE JOINDER. All persons may join in an action if they assert any right to relief, whether jointly or as individuals, arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or of fact common to all will arise in the action.
C. MISJOINDER. Misjoinder of parties not grounds for dismissal. The judge may add or dismiss parties by order either on motion of a party or on the judge's own initiative at any stage of the proceedings and on terms that are just. Claims against a party or parties may be added or severed and proceed to joint or separate trials as considered necessary by the judge in order to render a full adjudication of all claims in an orderly manner.
D. CLASS ACTIONS. Class actions may not be permitted in justice or city court proceedings.

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