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Montana Motion to Dismiss

In Montana you file a Motion to Dismiss under Mont. R. Civ. P. 12(b) within the 21-day answer window.

Introduction

In Montana you challenge a complaint with a Motion to Dismiss under Mont. R. Civ. P. 12(b), filed in District Court before you serve a responsive pleading. Rule 12(b) lists seven defenses you can raise by motion, including 12(b)(6), failure to state a claim upon which relief can be granted, plus jurisdiction, venue, process, service, and failure to join a party under Rule 19. The motion shares the answer clock: you must act within 21 days after service of the summons and complaint under Rule 12(a)(1)(A). The distinctive Montana feature is in format. Under Uniform District Court Rule 2(a), the text of your motion must state that other parties were contacted and whether any party objects, and an unopposed motion must say so in its title. Under Rule 2(b) and 2(c), a supporting brief is mandatory, and the consequences are unusual: your failure to file a brief is deemed an admission the motion is without merit, while the opposing party's failure to answer within 14 days is deemed an admission the motion is well taken. If the court denies the motion or holds it for trial, you must serve your answer within 14 days after notice under Rule 12(a)(4). Missing the 21-day window risks default. DocDraft drafts a Montana-formatted Motion to Dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Montana vehicle is a Motion to Dismiss under Mont. R. Civ. P. 12(b), filed in District Court before you serve a responsive pleading. Montana's Rule 12 tracks the post-2011 restyled federal rule, including the modern phrasing of the failure-to-state-a-claim ground.

  2. 2

    Rule 12(b) enumerates seven defenses you can raise by motion: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to join a party under Rule 19.

  3. 3

    The motion shares the answer window. Your answer is due 21 calendar days after service of the summons and complaint under Mont. R. Civ. P. 12(a)(1)(A), and filing a Rule 12 motion in that window stands in place of the answer while the court decides it.

  4. 4

    If the court denies the motion or postpones its disposition until trial, you must serve your responsive pleading within 14 days after notice of the court's action under Rule 12(a)(4).

  5. 5

    Montana's signature format rule is the supporting brief. Under Uniform District Court Rule 2(b), a supporting brief is mandatory, and under Rule 2(c) your failure to file it is deemed an admission the motion is without merit. The opposing party's failure to file an answer brief within 14 days is deemed an admission the motion is well taken.

  6. 6

    The most common ground is failure to state a claim upon which relief can be granted, Rule 12(b)(6). It tests the legal sufficiency of the complaint, accepting the well-pleaded facts as true rather than disputing them.

  7. 7

    File the motion with the clerk of the District Court named in the summons, where the Uniform District Court Rules govern motion practice. Under Uniform District Court Rule 2(a), the text of the motion must state that other parties were contacted and whether any party objects, and an unopposed motion must carry the word 'unopposed' in its title.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

MONTANA <JUDICIAL DISTRICT> DISTRICT COURT <COUNTY> COUNTY

____________________________, Plaintiff,

 vs.                                Cause No. ____________

____________________________, MOTION TO DISMISS Defendant. (Mont. R. Civ. P. 12(b)(6))

TO THE COURT AND ALL PARTIES OF RECORD:

Defendant ____________________ moves this Court under Mont. R. Civ. P. 12(b) to dismiss the Complaint filed by Plaintiff ____________________, and in support states as follows.

UNIFORM DISTRICT COURT RULE 2(a) STATEMENT

Under Uniform District Court Rule 2(a), the moving party states that the other parties have been contacted regarding this motion. Plaintiff [OBJECTS / DOES NOT OBJECT] to the relief requested. [If unopposed, the word "unopposed" appears in the title of this motion.]

GROUNDS FOR THE MOTION

Defendant moves to dismiss on the following ground(s) under Mont. R. Civ. P. 12(b):

  1. Failure to state a claim upon which relief can be granted, Mont. R. Civ. P. 12(b)(6). [Add as applicable: lack of subject-matter jurisdiction (12(b)(1)); lack of personal jurisdiction (12(b)(2)); improper venue (12(b)(3)); insufficient process (12(b)(4)); insufficient service of process (12(b)(5)); failure to join a party under Rule 19 (12(b)(7)).]

SUPPORTING BRIEF

As required by Uniform District Court Rule 2(b), a supporting brief is filed with this motion.

MEMORANDUM OF POINTS AND AUTHORITIES

A motion under Mont. R. Civ. P. 12(b)(6) tests the legal sufficiency of the Complaint. Accepting the well-pleaded factual allegations as true, the Complaint fails to state a claim upon which relief can be granted because: ____________________________________________________________.

[Set out the legal argument, applying Montana law to the facts alleged in the Complaint and the cited Rule 12(b) ground(s).]

This motion is made before service of a responsive pleading and within the time allowed by Mont. R. Civ. P. 12(a)(1)(A).

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court grant the Motion to Dismiss and dismiss the Complaint, and grant such other relief as the Court deems just.

DATED this ____ day of ________, 20.

                                    ____________________________
                                    [Signature]
                                    [Printed name]
                                    [Address]
                                    [Telephone] / [Email]
                                    Attorney for Defendant / Defendant Pro Se

CERTIFICATE OF SERVICE

I certify that on the ____ day of ________, 20, a true and correct copy of the foregoing Motion to Dismiss and supporting brief was served on all parties of record by [method of service] at the address(es) of record.

                                    ____________________________
                                    [Signature]

Montana Requirements for Motion to Dismiss

File before serving a responsive pleading within 21 days

Under Mont. R. Civ. P. 12(b), a Rule 12 motion must be made before you serve a responsive pleading. The answer window is 21 calendar days after service of the summons and complaint per Mont. R. Civ. P. 12(a)(1)(A); file the motion within that window.

Calendar the 14-day post-ruling answer deadline

If the court denies the motion or postpones its disposition until trial, you must serve your responsive pleading within 14 days after notice of the court's action under Mont. R. Civ. P. 12(a)(4).

Identify the Rule 12(b) ground(s) you are raising

Mont. R. Civ. P. 12(b) allows seven defenses by motion: subject-matter jurisdiction, personal jurisdiction, venue, process, service of process, failure to state a claim under 12(b)(6), and failure to join a party under Rule 19. State each ground you rely on.

Frame the 12(b)(6) failure-to-state-a-claim argument

A motion under Mont. R. Civ. P. 12(b)(6) tests the legal sufficiency of the complaint, accepting the well-pleaded facts as true. Explain why the allegations, even if accepted, do not state a claim upon which relief can be granted.

File a mandatory supporting brief with the motion

Under Uniform District Court Rule 2(b) the moving party must file a supporting brief upon filing the motion. Under Rule 2(c), failure to file the brief is deemed an admission that the motion is without merit, so the brief is not optional.

Include the Uniform District Court Rule 2(a) opposed-status statement

Under Uniform District Court Rule 2(a), the text of the motion must state that other parties were contacted and whether any party objects. Parties not yet appearing or in default need not be contacted. If unopposed, the word 'unopposed' must appear in the title.

File with the clerk of the named District Court

File the motion with the clerk of the Montana District Court named in the summons, the court of general jurisdiction for civil actions, where the Uniform District Court Rules govern motion practice.

Confirm any judge-specific proposed order requirement locally

No statewide Montana rule requiring a proposed order to accompany a Rule 12(b) motion was identified in the Rules of Civil Procedure or the Uniform District Court Rules. Some judges' standing orders may require one, so check your court's local rules and the assigned judge's procedures.

Frequently Asked Questions

File a Motion to Dismiss under Mont. R. Civ. P. 12(b) with the clerk of the District Court named in the summons, before serving a responsive pleading. Under Uniform District Court Rule 2(a) the motion text must state whether any party objects. Under Rule 2(b) you must file a supporting brief at the same time, because failing to do so is deemed an admission the motion is without merit.

A Rule 12(b) motion must be made before you serve a responsive pleading, within the 21-day answer window. Under Mont. R. Civ. P. 12(a)(1)(A), the answer is due 21 calendar days after service of the summons and complaint. Filing the motion suspends that clock while the court considers it.

Mont. R. Civ. P. 12(b) controls, and how you sequence the defenses decides which ones you keep. Lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process are waived unless raised in your first Rule 12 motion or the responsive pleading. Lack of subject-matter jurisdiction and failure to state a claim under 12(b)(6) remain preserved and may be raised later. Montana's restyled rule lists the same seven grounds as the federal model, ending at failure to join under Rule 19.

Yes. Under Montana Uniform District Court Rule 2(a), the text of your motion must state that other parties have been contacted and whether any party objects. Parties who have not appeared or whose default has been entered need not be contacted. If the motion is unopposed, the word 'unopposed' must appear in the title.

If the court denies the motion or postpones its disposition until trial, you must serve your responsive pleading within 14 days after notice of the court's action under Mont. R. Civ. P. 12(a)(4). The case then proceeds and you answer the complaint within that 14-day window.

File in the Montana District Court named in the summons, which is the court of general jurisdiction for civil actions. Motion practice there is governed by the Uniform District Court Rules. The motion goes to the clerk of that District Court, and a mandatory supporting brief is filed with it under Uniform District Court Rule 2(b).