Montana Defendant Initial Document Request

State:
Multi-State
Control #:
US-TS11011E
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.

How to fill out Defendant Initial Document Request?

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FAQ

Complaint/Petition Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's (petitioner's) case against the defendant (respondent).

The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding.

A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney, but, unless the court shortens the time, a defendant shall not be required to serve ...

Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.

A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem -- or issue another appropriate order -- to protect a minor or incompetent person who is unrepresented in an action.

The first publication of summons or personal service of the summons and complaint upon the defendant out of Montana must be made within 60 days after the filing of the affidavit for publication. If not, the action must be dismissed as to any party intended to be served by such publication.

The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.

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Montana Defendant Initial Document Request