Montana Civil Cover Sheet

CIVIL COVER SHEET

Montana District Court

Filed with Initial Complaint or Petition

COURT IDENTIFICATION

MONTANA [____] JUDICIAL DISTRICT COURT

[________________________________] COUNTY

(Montana has 22 judicial districts. Select the district and county of filing.)

CASE CAPTION

MONTANA [________] JUDICIAL DISTRICT COURT, [________________________________] COUNTY

[________________________________],
                    Plaintiff(s),               Cause No.: [________________]
                                                (Assigned by Clerk)
        vs.
                                                Dept. No.: [________________]
[________________________________],
                    Defendant(s).

SECTION 1: PARTY INFORMATION

PLAINTIFF(S) / PETITIONER(S)

Additional Plaintiff(s): ☐ See attached list

DEFENDANT(S) / RESPONDENT(S)

Additional Defendant(s): ☐ See attached list

SECTION 2: ATTORNEY INFORMATION

ATTORNEY FOR PLAINTIFF(S)

☐ Self-Represented Litigant (Pro Se)

ATTORNEY FOR DEFENDANT(S) (if known)

SECTION 3: CASE TYPE / CATEGORY

Select the primary case category for this action:

(Case types correspond to Montana Courts E-Filing system categories)

Case Category: ☐ CV — Civil ☐ DV — Domestic Violence (use separate forms)

CIVIL CASE SUBTYPES:

Contract / Commercial
☐ Breach of Contract — General
☐ Breach of Contract — Consumer
☐ Breach of Contract — Employment
☐ Breach of Contract — Insurance / Bad Faith
☐ Commercial Dispute
☐ Collections / Debt
☐ Breach of Warranty
☐ Other Contract: [________________________________]

Tort — Personal Injury
☐ Motor Vehicle Accident
☐ Premises Liability / Slip and Fall
☐ Medical Malpractice
☐ Legal Malpractice
☐ Products Liability
☐ Wrongful Death
☐ Assault / Battery
☐ Defamation / Libel / Slander
☐ Other Personal Injury: [________________________________]

Tort — Property
☐ Property Damage
☐ Trespass
☐ Conversion
☐ Nuisance
☐ Other Property Tort: [________________________________]

Real Property
☐ Quiet Title
☐ Ejectment
☐ Foreclosure (Judicial)
☐ Partition
☐ Condemnation / Eminent Domain
☐ Mechanic's Lien
☐ Landlord-Tenant / Eviction (Forcible Entry and Detainer)
☐ Water Rights
☐ Boundary Dispute
☐ Other Real Property: [________________________________]

Employment
☐ Wrongful Discharge (Montana Wrongful Discharge from Employment Act, MCA § 39-2-901 et seq.)
☐ Discrimination (Montana Human Rights Act, MCA § 49-2-101 et seq.)
☐ Wage and Hour Claim
☐ Workers' Compensation (Petition for Hearing — WCC)
☐ Other Employment: [________________________________]

Equity / Injunctive
☐ Temporary Restraining Order
☐ Preliminary / Permanent Injunction
☐ Declaratory Judgment
☐ Specific Performance
☐ Constructive Trust / Accounting
☐ Other Equitable: [________________________________]

Administrative / Government
☐ Judicial Review of Agency Decision (MCA § 2-4-701 et seq.)
☐ Writ of Mandate / Mandamus
☐ Tax Appeal
☐ Habeas Corpus
☐ Other Administrative: [________________________________]

Other Civil
☐ Foreign Judgment Registration
☐ Name Change
☐ Petition for Order of Protection (Order of Protection Act, MCA § 40-15-101 et seq.)
☐ Garnishment / Execution
☐ Civil Contempt
☐ Expungement / Record Sealing
☐ Other: [________________________________]

Description of cause(s) of action:

[________________________________]
[________________________________]
[________________________________]

Applicable statute(s):

[________________________________]

SECTION 4: AMOUNT IN CONTROVERSY

Jurisdictional Amount:

☐ $7,500 or less (Justice Court may have concurrent jurisdiction — MCA § 25-31-102; limited civil claims may be filed in Justice Court)
☐ $7,500.01 – $50,000
☐ $50,000.01 – $100,000
☐ Over $100,000
☐ Amount not yet determinable
☐ Non-monetary relief only

Specific amount claimed (if determinable): $[________________________________]
(Exclusive of interest, costs, and attorney fees)

Non-monetary relief sought:
☐ Injunctive Relief
☐ Declaratory Judgment
☐ Specific Performance
☐ Writ of Mandate
☐ Other Equitable Relief: [________________________________]

SECTION 5: JURY DEMAND

☐ Jury Trial Demanded (Mont. Code Ann. § 25-7-201; M.R. Civ. P. 38)

☐ Court Trial (Non-Jury)

☐ Jury demand reserved — to be filed within time permitted by rule

Note: Under Montana Rule of Civil Procedure 38(b), a party may demand a jury trial by serving the other parties with a written demand no later than 14 days after the last pleading directed to the issue is served. Failure to timely demand results in waiver of the right to jury trial. Montana uses 12-person juries in district court civil cases.

Number of jurors: 12 (standard in Montana District Court civil actions)

SECTION 6: RELATED CASES

Are there related or companion cases pending or previously filed in any Montana court?

☐ No
☐ Yes — Provide details:

Is consolidation or coordination being sought? ☐ Yes ☐ No

SECTION 7: FILING FEE INFORMATION

Montana District Court Civil Filing Fees (MCA § 25-1-201):

Additional Fees (MCA § 25-1-202):

• Court technology fee: included in base filing fees
• Additional fees may apply per local court rules

Total Filing Fee Due: $[________________________________]

Payment Method:
☐ Check / Money Order payable to "Clerk of District Court, [County] County"
☐ Cash (at clerk's window)
☐ Credit / Debit Card (via e-filing or at clerk's office, where accepted)
☐ Fee Waiver Granted (Order for Waiver of Filing Fees — MCA § 25-10-404)

Note: Under MCA § 25-10-404, the court may waive filing fees for parties who demonstrate inability to pay. A verified petition with financial disclosure must be filed.

SECTION 8: VENUE CERTIFICATION

Venue is proper in this county because (MCA § 25-2-101 et seq.):

☐ Defendant resides in this county (§ 25-2-102)
☐ Cause of action arose in this county (§ 25-2-103)
☐ Contract was entered into or was to be performed in this county (§ 25-2-104)
☐ Real property at issue is located in this county (§ 25-2-107)
☐ Defendant corporation has its principal office in this county (§ 25-2-106)
☐ Defendant may be found in this county
☐ Other statutory basis: [________________________________]

SECTION 9: SERVICE OF PROCESS

Method of Service (M.R. Civ. P. 4):

☐ Personal Service by Sheriff (M.R. Civ. P. 4(c))
☐ Personal Service by Registered Process Server (MCA § 25-1-1101 et seq.)
☐ Service by Mail — Certified Mail, Return Receipt Requested (M.R. Civ. P. 4(c)(2)(D))
☐ Service by Publication (M.R. Civ. P. 4(f)) — Court order required
☐ Acceptance / Waiver of Service (M.R. Civ. P. 4(d))
☐ Service on Secretary of State (as statutory agent)

Process Server Information:
Name: [________________________________]
Registration No.: [________________________________] (registered with Montana Secretary of State)

Note: Montana requires process servers to be registered with the Secretary of State (MCA § 25-1-1101). Registration fee is $100.00.

SECTION 10: ALTERNATIVE DISPUTE RESOLUTION (ADR)

ADR Status:

☐ Parties agree to mediation
☐ Court-ordered mediation anticipated
☐ Arbitration (binding)
☐ Arbitration (non-binding)
☐ Settlement conference requested
☐ No ADR planned at this time

Note: Montana does not have a statewide mandatory mediation rule for general civil cases, but individual judicial districts may require mediation or other ADR by local rule or standing order. The Montana Mediation Association maintains a roster of qualified mediators.

Mediator / Neutral selected: [________________________________]
Proposed ADR date: [__/__/____]

Local District Court ADR Rules:
☐ This district requires mandatory mediation prior to trial
☐ This district has an ADR local rule — Rule No.: [________________________________]
☐ No local ADR requirement applies

SECTION 11: SCHEDULING INFORMATION

Date complaint/petition filed: [__/__/____]

Date defendant(s) served: [__/__/____]

Answer deadline (21 days after service under M.R. Civ. P. 12(a)): [__/__/____]

Estimated discovery completion date: [__/__/____]

Estimated trial readiness date: [__/__/____]

Estimated trial length: [____] days

Any scheduling conflicts or requests:
[________________________________]
[________________________________]

SECTION 12: SPECIAL REQUIREMENTS

Interpreter needed: ☐ Yes ☐ No
If yes, language: [________________________________]

ADA accommodation needed: ☐ Yes ☐ No
If yes, describe: [________________________________]

Sealed or confidential filing: ☐ Yes ☐ No
If yes, statutory basis: [________________________________]

Does this case involve a constitutional challenge? ☐ Yes ☐ No
If yes, has notice been given to the Attorney General per MCA § 25-1-601? ☐ Yes ☐ No

Does this case involve a minor or incapacitated person? ☐ Yes ☐ No
If yes, is a guardian ad litem needed? ☐ Yes ☐ No

SECTION 13: ATTORNEY CERTIFICATION AND SIGNATURE

I certify that the information provided on this Civil Cover Sheet is true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry. This cover sheet is filed with the initial complaint/petition to facilitate proper case classification and management by the clerk of court.

Date: [__/__/____]

_____________________________________________
Signature

_____________________________________________
Printed Name

Montana State Bar Number: [________________]

Firm: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 14: E-FILING INSTRUCTIONS

Montana Courts E-Filing System

1. Portal: Access at https://montana.tylertech.cloud/ofsweb
2. Account: Register for a File & Serve account; attorneys must include their Montana Bar number
3. Case Initiation: Select "CV" (Civil) as the case type; choose the appropriate subtype from the drop-down menu
4. Cover Sheet: Upload this completed civil cover sheet as a filing attachment with the initial complaint
5. Filing Fees: Pay electronically via credit/debit card or approved payment method
6. Document Format: All documents must be uploaded in PDF format
7. Service: E-service on registered parties is available through the e-filing system
8. Confirmation: Retain the electronic filing confirmation; the Cause Number will be assigned upon clerk acceptance

E-Filing Note: Montana Courts E-Filing is available for civil cases in most district courts. Some rural districts may have limited e-filing capability. Confirm e-filing availability with the local clerk. Self-represented litigants may file on paper.

Clerk of District Court Contact:

County of [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Hours: [________________________________]

PRACTITIONER NOTES

1. Cover Sheet Purpose: The civil cover sheet is submitted with the initial complaint to assist the clerk of district court in classifying and docketing the case. While Montana does not have a single statewide-mandated cover sheet form (unlike some states), many districts require or strongly encourage one, and the e-filing system collects equivalent information electronically.

2. Wrongful Discharge Act: Montana is unique among states in having a statutory wrongful discharge framework (MCA § 39-2-901 et seq.) that generally preempts common-law wrongful termination claims. Employment cases should be carefully classified.

3. Answer Deadline: Under Montana Rule of Civil Procedure 12(a)(1)(A), a defendant must serve an answer within 21 days after being served with the summons and complaint.

4. Venue Transfer: If venue is improper, the court may transfer to the proper county on motion under MCA § 25-2-201 rather than dismiss.

5. Statute of Limitations — Common Actions:
   - Personal Injury: 3 years (MCA § 27-2-204)
   - Contract (written): 8 years (MCA § 27-2-202(1))
   - Contract (oral): 5 years (MCA § 27-2-202(2))
   - Property Damage: 2 years (MCA § 27-2-207)
   - Medical Malpractice: 3 years from discovery, 5 years absolute (MCA § 27-2-205)
   - Wrongful Death: 3 years (MCA § 27-2-204)
   - Fraud: 2 years from discovery (MCA § 27-2-203)

6. Small Claims / Justice Court: Claims of $7,500 or less may be filed in Justice Court (MCA § 25-31-102). District Court has unlimited civil jurisdiction.

7. Constitutional Challenge Notice: MCA § 25-1-601 requires that when the constitutionality of a Montana statute is challenged, the Montana Attorney General must be served with notice and given an opportunity to intervene.

8. Fee Waiver: Under MCA § 25-10-404, a party may petition for waiver of filing fees by demonstrating inability to pay. The court may grant full or partial waiver.

9. Tribal Jurisdiction Note: Montana has seven Indian reservations. Cases involving tribal members or events on reservation land may implicate tribal court jurisdiction. Practitioners should analyze jurisdictional issues carefully.

10. Local Court Rules: Each judicial district may adopt local rules supplementing the Montana Rules of Civil Procedure. Local rules are available on the Montana Courts website or from the clerk of district court.

SOURCES AND REFERENCES

• Montana Code Annotated § 25-1-201 (Clerk Fees) — leg.mt.gov
• Montana Code Annotated § 25-2-101 et seq. (Venue) — leg.mt.gov
• Montana Rules of Civil Procedure — courts.mt.gov
• Montana District Court Fee Schedule — courts.mt.gov/feeschedule
• Montana Courts E-Filing — courts.mt.gov/efile
• Montana Civil Forms — courts.mt.gov/forms/civilforms
• Montana Wrongful Discharge Act, MCA § 39-2-901 — leg.mt.gov