MT Bar Civil Procedure 1

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

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Civil Procedure 1