Montana § 40-4-103 Application Of Montana Rules Of Civil Procedure

Montana Statutes

§ 40-4-103 — Application Of Montana Rules Of Civil Procedure

Montana § 40-4-103

Title 40FAMILY LAW

Ch. 4TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 1Separation -- Dissolution of Marriage

This text of Montana § 40-4-103 (Application Of Montana Rules Of Civil Procedure) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-4-103 (2026).

Text

40-4-103 . Application of Montana Rules of Civil Procedure.

(1)Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.

(2)A proceeding for dissolution of marriage or legal separation must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".

(3)The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Proc

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40-4-103 . Application of Montana Rules of Civil Procedure. (1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.
(2) A proceeding for dissolution of marriage or legal separation must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".
(3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.
(4) In this chapter, "decree" includes "judgment".
(5) A decree of dissolution or of legal separation, if made, may not be awarded to one of the parties but must provide that it affects the status previously existing between the parties in the manner decreed.

Legislative History

En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 5, Ch. 343, L. 1997; amd. Sec. 2, Ch. 91, L. 1999.