MT Bar Civil Procedure

Question 1

Under the Montana Rules of Civil Procedure, a defendant must serve an answer to a complaint within:

Accepted Answer

21 days of service

Answer

14 days of service

Answer

20 days of service

Answer

30 days of service

Question 2

In Montana district courts, subject matter jurisdiction over civil cases is generally established by:

Accepted Answer

General jurisdiction conferred by the Montana Constitution and MCA § 3-5-302

Answer

Amount in controversy exceeding $50,000

Answer

Diversity of citizenship only

Answer

Federal question only

Question 3

Under the Montana Rules of Civil Procedure, a motion to dismiss for failure to state a claim tests whether:

Accepted Answer

The complaint alleges sufficient facts to state a plausible claim for relief

Answer

The plaintiff can prove their allegations at trial

Answer

The defendant has a meritorious defense

Answer

Venue is proper

Question 4

In Montana, personal jurisdiction over an out-of-state defendant requires:

Accepted Answer

Minimum contacts with Montana such that jurisdiction does not offend traditional notions of fair play and substantial justice

Answer

The defendant to be served within Montana only

Answer

The defendant to own property in Montana

Answer

Federal diversity jurisdiction

Question 5

Under M.R.Civ.P. 56, summary judgment shall be granted when:

Accepted Answer

There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law

Answer

The moving party requests it and the other party does not respond

Answer

The case has been pending for more than one year

Answer

The parties agree to waive trial

Question 6

In Montana, venue for a civil action is generally proper in:

Accepted Answer

The county where the cause of action arose or any defendant resides

Answer

Any county in Montana

Answer

The county where any defendant resides

Answer

Only the county where the plaintiff resides