Montana Marriage Laws

40-1-105 - Application of Montana Rules of Civil Procedure

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Montana Code Annotated - Title 40: Family Law - Chapter 1: Marriage - Part 1: General Provisions

Application of Montana Rules of Civil Procedure

(1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter. (2) A proceeding for declaration of invalidity of marriage must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........". (3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure. (4) In this chapter, "decree" includes "judgment".

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History: En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 2, Ch. 343, L. 1997; amd. Sec. 1, Ch. 91, L. 1999.

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