MT Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Montana Rules of Civil Procedure, a defendant must serve an answer to a complaint within:
- 14 days of service
- 20 days of service
- 21 days of service (Correct answer)
- 30 days of service
Correct answer: 21 days of service
M.R.Civ.P. 12(a)(1)(A) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: In Montana district courts, subject matter jurisdiction over civil cases is generally established by:
- Amount in controversy exceeding $50,000
- General jurisdiction conferred by the Montana Constitution and MCA § 3-5-302 (Correct answer)
- Diversity of citizenship only
- Federal question only
Correct answer: General jurisdiction conferred by the Montana Constitution and MCA § 3-5-302
Montana District Courts are courts of general jurisdiction under the Montana Constitution and MCA § 3-5-302, meaning they can hear virtually any civil case regardless of dollar amount.
Question 3: Under the Montana Rules of Civil Procedure, a motion to dismiss for failure to state a claim tests whether:
- The plaintiff can prove their allegations at trial
- The complaint alleges sufficient facts to state a plausible claim for relief (Correct answer)
- The defendant has a meritorious defense
- Venue is proper
Correct answer: The complaint alleges sufficient facts to state a plausible claim for relief
A M.R.Civ.P. 12(b)(6) motion challenges whether the complaint's well-pleaded factual allegations, accepted as true, state a plausible claim for relief.
Question 4: In Montana, personal jurisdiction over an out-of-state defendant requires:
- The defendant to be served within Montana only
- Minimum contacts with Montana such that jurisdiction does not offend traditional notions of fair play and substantial justice (Correct answer)
- The defendant to own property in Montana
- Federal diversity jurisdiction
Correct answer: Minimum contacts with Montana such that jurisdiction does not offend traditional notions of fair play and substantial justice
Montana courts apply the International Shoe minimum contacts standard; MCA § 25-2-201 (Montana's long-arm statute) reaches any basis constitutionally permitted.
Question 5: Under M.R.Civ.P. 56, summary judgment shall be granted when:
- The moving party requests it and the other party does not respond
- There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The case has been pending for more than one year
- The parties agree to waive trial
Correct answer: There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law
Summary judgment under M.R.Civ.P. 56 is appropriate only when there is no genuine dispute of any material fact and the moving party is entitled to judgment as a matter of law.
Question 6: In Montana, venue for a civil action is generally proper in:
- Any county in Montana
- The county where any defendant resides
- The county where the cause of action arose or any defendant resides (Correct answer)
- Only the county where the plaintiff resides
Correct answer: The county where the cause of action arose or any defendant resides
MCA § 25-2-121 provides that venue is proper in the county where the cause of action arose or where any defendant resides at the time the action is commenced.
MT Bar Civil Procedure 1
Under the Montana Rules of Civil Procedure, a defendant must serve an answer to a complaint within: