Montana Answer to a Complaint
Montana gives you 21 calendar days to answer a District Court complaint under Mont. R. Civ. P. 12(a)(1)(A). File on time or the plaintiff can take a default.
Introduction
A Montana Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. The deadline depends on which court your case is in. Under Mont. R. Civ. P. 12(a)(1)(A) a defendant in District Court must serve an answer within 21 calendar days after being served with the summons and complaint. In Justice or City Court the window is shorter, with the answer due within 20 days after service under Montana Justice and City Court Rule of Civil Procedure 4C(2)(b). Montana has no statewide mandated answer form for a general civil case, so the answer is a typed pleading on a compliant caption that meets Mont. R. Civ. P. 10(a) and Montana Uniform District Court Rule 1. You file it with the clerk of the court named in the summons and serve a copy on the plaintiff. Miss the deadline and the plaintiff can take a default judgment under Mont. R. Civ. P. 55(a). DocDraft drafts a Montana-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your District Court deadline is 21 days. Under Mont. R. Civ. P. 12(a)(1)(A) a defendant in District Court must serve an answer within 21 calendar days after being served with the summons and complaint.
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Justice and City Court is faster. If your case is in Justice or City Court, the answer is due within 20 days after service of the summons and complaint, exclusive of the day of service, under Montana Justice and City Court Rule of Civil Procedure 4C(2)(b).
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There is no statewide answer form. Montana does not mandate a general answer form for a civil case, so you type the answer as a pleading on a compliant caption that meets Mont. R. Civ. P. 10(a) and Montana Uniform District Court Rule 1.
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An eviction has a five-business-day window. In an action for possession or unlawful holdover, the time for filing an answer is 5 business days after service of the summons and complaint, exclusive of the date of service, under Mont. Code Ann. 70-24-429(4).
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Small claims has no written answer. In the Justice Court Small Claims Division, no written answer is permitted or required; the defendant is directed to appear and answer the complaint in person at the hearing date stated in the order under Mont. Code Ann. 25-35-602, set not more than 40 or less than 10 days from the order under 25-35-603.
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There is a filing fee, with a waiver. The appearance fee in District Court is $70.00. If you cannot afford it, you can file a Statement of Inability to Pay Court Costs and Fees, based on public benefits or income below 125% of the federal poverty level.
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A related claim may be compulsory. Under Mont. R. Civ. P. 13 a counterclaim that arises out of the same transaction or occurrence is compulsory, and the statute of limitations on a written contract is eight years under Mont. Code Ann. 27-2-202(1).
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Montana Requirements for Answer to a Complaint
In a general civil case in District Court, a defendant must serve an answer within 21 calendar days after being served with the summons and complaint, under Mont. R. Civ. P. 12(a)(1)(A). In Justice or City Court the answer is due within 20 days after service under Montana Justice and City Court Rule 4C(2)(b), and in an eviction it is due 5 business days after service under Mont. Code Ann. 70-24-429(4).
Montana has no statewide mandated general answer form, so you type the answer as a pleading on a compliant caption that meets Mont. R. Civ. P. 10(a) and the pleading-paper format of Montana Uniform District Court Rule 1. The answer admits or denies each allegation, states your affirmative defenses, and includes any counterclaim.
Caption the answer for the court named in the summons, which for a general civil case over $15,000 is the District Court, for cases up to $15,000 may be the Justice Court, and for small claims up to $7,000 is the Justice Court Small Claims Division. Include the cause number, the parties' names, and the title Defendant's Answer to Complaint, per Mont. R. Civ. P. 10(a).
File your answer with the clerk of the court named in the summons. Under Mont. R. Civ. P. 5(d), e-filing is often mandatory for attorneys under local rules, while self-represented litigants typically file by mail or in person.
Under Mont. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or personal delivery, and file proof of service with the clerk of the court.
The appearance fee in District Court is $70.00. If you cannot afford the court costs, file a Statement of Inability to Pay Court Costs and Fees, based on inability to pay shown by receipt of public benefits or income below 125% of the federal poverty level.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, estoppel, or waiver. The statute of limitations on a written contract is eight years under Mont. Code Ann. 27-2-202(1).
Under Mont. R. Civ. P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be raised with your answer, while a claim from a different transaction is a permissive counterclaim that you may raise as well.
Frequently Asked Questions
In a general civil case in District Court, Mont. R. Civ. P. 12(a)(1)(A) requires a defendant to serve an answer within 21 calendar days after being served with the summons and complaint. The deadline differs by court. In Justice or City Court the answer is due within 20 days after service under Montana Justice and City Court Rule 4C(2)(b), and in an eviction the time to file an answer is 5 business days after service under Mont. Code Ann. 70-24-429(4). In the Justice Court Small Claims Division there is no written answer; the defendant appears and answers in person at the hearing date. Missing your deadline can lead to a default judgment.
Montana has no statewide mandated general answer form for a civil case. You type the answer as a pleading that uses a compliant caption under Mont. R. Civ. P. 10(a) and meets the pleading-paper format of Montana Uniform District Court Rule 1. The answer admits or denies each allegation of the complaint, states any affirmative defenses you intend to rely on, and includes any counterclaim you have against the plaintiff.
File your answer with the clerk of the court named in the summons. General civil cases over $15,000 are heard in the District Court, cases up to $15,000 may be heard in Justice Court, and small claims up to $7,000 are heard in the Justice Court Small Claims Division. Under Mont. R. Civ. P. 5(d), e-filing is often mandatory for attorneys under local rules, while self-represented litigants typically file by mail or in person.
The appearance fee in District Court is $70.00. If you cannot afford the court costs, you can file a Statement of Inability to Pay Court Costs and Fees to ask the court to waive them. Eligibility is based on inability to pay, often shown by receipt of public benefits or income below 125% of the federal poverty level, and the request is filed with the same court hearing your case.
If you fail to appear and answer or assert a counterclaim, the plaintiff may take a judgment against you by default for the relief demanded in the complaint under Mont. R. Civ. P. 55(a). You may be able to set the judgment aside by filing a Motion to Set Aside Default Judgment within a reasonable time, no more than a year after entry of judgment, under Mont. R. Civ. P. 60(c)(1), by showing mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1).
Yes, and you may be required to. Under Mont. R. Civ. P. 13 a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be raised with your answer, while a claim from a different transaction is a permissive counterclaim. The statute of limitations on a written contract in Montana is eight years under Mont. Code Ann. 27-2-202(1), a frequent issue in debt cases.