Montana Code Annotated 2013

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     Rule 8. General Rules of Pleading.
     (a) Claim for Relief. A pleading which states a claim for relief must contain:
     (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and
     (2) a demand for the relief sought, which may include relief in the alternative or different types of relief.
     (b) Defenses; Admissions and Denials.
     (1) In General. In responding to a pleading, a party must:
     (A) state in short and plain terms its defenses to each claim asserted against it; and
     (B) admit or deny the allegations asserted by an opposing party.
     (2) Denials -- Responding to the Substance. A denial must fairly respond to the substance of the allegation.
     (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading -- including the jurisdictional grounds -- may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
     (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
     (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
     (6) Effect of Failing to Deny. An allegation -- other than one relating to the amount of damages -- is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
     (c) Affirmative Defenses.
     (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including, but not limited to:
     accord and satisfaction;
     action on advice of counsel;
     arbitration and award;
     assumption of risk;
     comparative negligence;
     discharge in bankruptcy;
     duress;
     estoppel;
     failure of consideration;
     fraud;
     illegality;
     injury by fellow servant;
     laches;
     license;
     payment;
     release;
     res judicata;
     statute of frauds;
     statute of limitations; and
     waiver.
     (2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.
     (d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.
     (1) In General. Each allegation must be simple, concise, and direct. No technical form is required.
     (2) Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
     (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.
     (e) Construing Pleadings. Pleadings must be construed so as to do justice.

     History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.

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