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Montana Title 25. Civil Procedure MT R J AND CITY CT RCP Rule 8.Amendment of pleadings

Current as of January 01, 2024 | Updated by Findlaw Staff

A. WHEN ALLOWED. Each party may amend its pleading one time, without leave of court, if the amended pleading is filed within the following times:

(1) The plaintiff's amended complaint, if any, must be filed no later than 10 days after defendant's answer to the original complaint if served upon plaintiff.

(2) The defendant's amended answer, if any, must be filed no later than 10 days after the filing of the original answer. The amended answer may add a counterclaim consistent with Rule 7C. Further amendments may be granted only upon written consent of the opposing party or upon leave of the court for good cause shown.

B. ANSWER TO AMENDED COMPLAINT. A defendant shall file and serve an answer within 20 days of the service of an amended complaint.

C. REPLY TO AMENDED COUNTERCLAIM. A plaintiff must file and serve a reply within 20 days after service of an amended counterclaim.

D. LIMIT. No other pleading to an amended pleading may be allowed, except that the court may order a reply to the amended answer.

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Cite this article: FindLaw.com - Montana Title 25. Civil Procedure MT R J AND CITY CT RCP Rule 8.Amendment of pleadings - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-r-j-and-city-ct-rcp-rule-8/

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