Montana Statutes
§ Rule 2 — Commencement Of Action
Montana·Title 25 CIVIL PROCEDURE·Ch. 23 MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE·Part 1 Rules
Rule 2 . Commencement of action.
(a)A civil action is begun by filing a complaint with the justice or city court. A concise written statement of the cause of action is considered a complaint. A person as defined in Rule 4(A)(1) may file individually or through an attorney. All others, as defined in Rules (4)(A) 2, 3, 4, and 5, must file through an attorney. The individual or the attorney must sign the complaint. Other requirements for the complaint are set out in Rule 7.
(b)Filing Fees.
Before a complaint will be filed and an action commenced, the plaintiff must pay the filing fee specified by statute. However, indigent parties may request a waiver of this requirement as set forth in M.C.A. 25-10-404 and, if the waiver is granted, may proceed without prepaying the filing fee.
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Legislative History
En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. and renum. 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