MT Bar Civil Procedure 2

Question 1

Under M.R.Civ.P. 26, a party in Montana civil litigation must provide initial disclosures within:

Accepted Answer

21 days of the Rule 26(f) conference

Answer

M.R.Civ.P. 26(a)(1)(C) requires initial disclosures within 14 days after the parties' Rule 26(f) planning conference, unless otherwise ordered.

Question 2

In Montana, attorney-client privilege protects communications that are:

Accepted Answer

Confidential communications between client and attorney for the purpose of obtaining legal advice

Answer

Montana's attorney-client privilege (MCA § 26-1-803) protects confidential communications between client and attorney made for the purpose of obtaining legal advice.

Question 3

Under the Montana Rules of Civil Procedure, a judgment by default may be entered against a defendant who:

Accepted Answer

Failed to plead or otherwise defend within the time allowed

Answer

M.R.Civ.P. 55 allows entry of default against a party who has failed to plead or otherwise defend, and a default judgment may then be entered by the court.

Question 4

In Montana civil procedure, a party seeking to amend its pleading after the opposing party has responded must:

Accepted Answer

Obtain written consent of opposing party or leave of court

Answer

Under M.R.Civ.P. 15(a)(2), after the 21-day period for amendment as of right passes, a party may amend only with the opposing party's written consent or the court's leave, which is freely given when justice requires.

Question 5

Montana uses which standard to review a district court's grant of summary judgment on appeal?

Accepted Answer

De novo

Answer

The Montana Supreme Court reviews summary judgment rulings de novo, applying the same M.R.Civ.P. 56 standard as the district court without deference.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Civil Procedure 2