Montana Answer to a Complaint

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   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.

4. 4

   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).

5. 5

   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.

6. 6

   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.

7. 7

   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).

Montana Requirements for Answer to a Complaint

• 21-Day District Court Answer Deadline

  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).

• Typed Pleading on a Compliant Caption

  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.

• Court Caption

  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 With the Court Clerk

  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.

• Serve a Copy on the Plaintiff

  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.

• Filing Fee or Fee Waiver

  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.

• Affirmative Defenses

  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).

• Compulsory Counterclaim If Any

  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.