An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana General Form of Complaint, Petition, or Declaration for Ejectment
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How to fill out General Form Of Complaint, Petition, Or Declaration For Ejectment?
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FAQ
1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.
1. The amount demanded in the complaint cannot exceed $7,000 excluding costs, and the Defendant must be able to be served within the county issuing the complaint. 2. A written complaint must be prepared and SWORN TO before the Court.
BY INDIVIDUAL FORM Motions made be in writing, or in person at a hearing with both sides present. Motion practice involves important rules regarding timing, notice and other matters directed by the Montana Rules of Civil Procedure.
The Notice of Issue is the only notice to the Court that a motion is pending. Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.
What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.
One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.