IN THE DISTRICT COURT OF THE [###] JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], ) Cause No.: [CASE NO.]
Plaintiff, )
)
v. ) ANSWER, GENERAL DENIAL,
) AFFIRMATIVE DEFENSES, AND
[DEFENDANT NAME], ) [OPTIONAL] COUNTERCLAIMS
Defendant. )

[// GUIDANCE: Verify caption format with local clerk before filing.]

TABLE OF CONTENTS

1. Preliminary Statement & Timeliness............................................. §1
2. General Denial & Paragraph-by-Paragraph Responses.............................. §2
3. Affirmative Defenses........................................................... §3
4. Counterclaims (Optional)....................................................... §4
5. Prayer for Relief.............................................................. §5
6. Reservation to Amend........................................................... §6
7. Jury Demand (Optional)......................................................... §7
8. Verification (If Required).................................................... §8
9. Certificate of Service........................................................ §9
10. Signature Block.............................................................. §10

§1 PRELIMINARY STATEMENT & TIMELINESS

1.1 Pursuant to Mont. R. Civ. P. 12(a), Defendant files this Answer within twenty-one (21) days of service of the Summons and Complaint, rendering the pleading timely.
1.2 All allegations not expressly admitted herein are denied.

[// GUIDANCE: If service was by acknowledgment or publication, substitute the applicable deadline under Rule 12(a)(1)(A)(ii) or (iii).]

§2 GENERAL DENIAL & PARAGRAPH-BY-PARAGRAPH RESPONSES

[// GUIDANCE: Copy each numbered paragraph of the Complaint verbatim or in summary form, then insert “Admitted,” “Denied,” or “Defendant lacks knowledge or information sufficient to form a belief and therefore denies.”]

2.n+1 Defendant denies each and every allegation of the Complaint not specifically and unequivocally admitted herein.

§3 AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without assuming any burden of proof unless such burden is imposed by applicable law. Enumeration is for convenience only and does not indicate priority.

1. Failure to State a Claim (Mont. R. Civ. P. 12(b)(6)).
2. Lack of Subject-Matter Jurisdiction.
3. Lack of Personal Jurisdiction / Insufficiency of Service of Process.
4. Improper Venue.
5. Statute of Limitations / Laches.
6. Comparative Fault and Allocation of Fault under Montana law.
7. Assumption of Risk.
8. Waiver, Estoppel, and Ratification.
9. Accord and Satisfaction / Release.
10. Failure to Mitigate Damages.
11. Set-Off and Recoupment.
12. Illegality / Public Policy Bar.
13. Lack of Capacity or Standing.
14. Unclean Hands.
15. Reservation of Rights: Defendant reserves the right to assert additional defenses as discovery progresses.

[// GUIDANCE: Delete, reorder, or supplement defenses to fit the specific matter. Each defense should have factual support per Mont. R. Civ. P. 11.]

§4 COUNTERCLAIMS (OPTIONAL)

[// GUIDANCE: Remove this section if no counterclaims are asserted. If asserting, re-caption the pleading as “Answer, Affirmative Defenses, and Counterclaims” under Mont. R. Civ. P. 13.]

4.1 Parties.
  a. Counter-Claimant: [DEFENDANT NAME] (“Counter-Claimant”).
  b. Counter-Defendant: [PLAINTIFF NAME] (“Counter-Defendant”).

4.2 Jurisdiction & Venue. This Court has jurisdiction and venue over the counterclaims under Mont. Code Ann. § [INSERT] and Mont. R. Civ. P. 13(a) or 13(b).

4.3 Factual Allegations.
  [INSERT concise, numbered factual allegations supporting each counterclaim.]

4.4 Causes of Action.
  Count I – [e.g., Breach of Contract]
   • Elements: [LIST]
   • Relief Requested: [LIST]

Count II – [e.g., Negligence / Indemnity]
   • Elements: [LIST]
   • Relief Requested: [LIST]

4.5 Prayer for Counterclaim Relief. Counter-Claimant requests judgment as set forth in §5 below.

§5 PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss Plaintiff’s Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award costs and reasonable attorney fees as allowed by law or contract;
D. Award such further relief as the Court deems just and proper.

With respect to any Counterclaims, Counter-Claimant further prays for:
E. Compensatory damages in an amount to be proven at trial;
F. Pre- and post-judgment interest as allowed by law; and
G. Any additional equitable or legal relief the Court deems appropriate.

§6 RESERVATION TO AMEND

Defendant reserves the right under Mont. R. Civ. P. 15 to amend this Answer and to assert additional defenses or counterclaims that may become known during discovery.

§7 JURY DEMAND (OPTIONAL)

Pursuant to Mont. R. Civ. P. 38, Defendant demands a trial by jury on all issues so triable.

[// GUIDANCE: Remove if a jury is not desired or has been waived.]

§8 VERIFICATION (IF REQUIRED)

STATE OF MONTANA )
: ss.
COUNTY OF [_____ ] )

I, [AUTHORIZED REPRESENTATIVE], being first duly sworn, verify that I have read the foregoing Answer, know the contents thereof, and believe the same to be true, except as to those matters stated on information and belief, which I believe to be true.

[NAME & TITLE]
[DATE]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public for the State of Montana
Residing at: ____
My Comm’n Expires: ____

[// GUIDANCE: Omit if verification not required by statute, rule, or court order.]

§9 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served [method: e-file, mail, hand-delivery] upon the following on this ___ day of ____, 20__:

[Opposing Counsel Name]
[Firm]
[Address]
[Email]

[ATTORNEY NAME]

§10 SIGNATURE BLOCK

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME], Esq.
[MT BAR NO.]
[FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Defendant

[// GUIDANCE: Mont. R. Civ. P. 11 requires signature of at least one attorney of record showing bar number and contact info.]