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News & Press: State Bar News

Court considers changes to Rules of Civil Procedure

Wednesday, September 07, 2016  
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The Montana Supreme Court has issued an order soliciting public comment on several proposed substantive and non-substantive changes to the Montana Rules of Civil Procedure.

One of the proposed changes, requested by the Montana Secretary of State's Office, is to raise fees from $10 to $20 for each defendant for whom the office is to receive service.The office says the current $10 fee is insufficient to cover actual cost.

Other proposals being considered would:

  • clarify rules concerning service by publication;
  • require that a summary judgment order must include articulation of the basis for the order;
  • revise the timelines for deemed denial of motions for new trial or relief from a judgment or order.

In all revisions to seven rules are proposed.

The proposed changes are shown with interlineation (for deletions) and underlining (for additions) in the copies of the affected rules appended to the order, which is attached below.