None known.
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Rules of Civil Procedure, R. 23. Class actions.
Rules of Appellate Procedure R. 2(a).
See also case management and special dockets.
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Mont. Code Ann., Chapter 20, Rule 23. Class actions.
Mont. Code Ann., Chapter 21, Rule 1. Scope of rules--from what judgment an appeal may be taken.
Mont. Code Ann. 3-20-101 et seq.
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Upon appeal from judgment in a civil case, the court may review the verdict or decision and any intermediate order or decision excepted or objected to within the meaning of R. 46 of the Montana Rules of Civil Procedure. Rules of Appellate Procedure R. 2(a).
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Asbestos: The 2001 legislature created an asbestos claims court. Claims consist of actions brought for recovery of monetary damages for personal injury, wrongful death, loss of consortium, or other injury arising out of an asbestos-related disease alleged to result from mining or processing vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite.
A civil action involving such claim may be tried by a judge pro tem or special master who is a member of the state bar, agreed upon in writing by parties, appointed by the supreme court as an asbestos claims judge, and sworn to try the cause. See Mont. Code Ann. 3-20-101 et seq.
Medical Legal Panel: According to the Rules of Procedure for the Montana Medical Legal Panel, the Panel exists to "prevent, where possible, the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded." R. 3. Medical Legal Panel claims have their own timetable. The statute of limitations tolls upon filing of the application. The state also has a separate Chiropractic Legal Panel, which has its own rules of procedure.
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State Bar of Montana Technology Committee.
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The Rules of Civil Procedure allow the court discretion to direct attorneys to appear for a pretrial conference for such purposes as expediting disposition, establishing early and continuous control and management of the case, discouraging wasteful pretrial activities, increasing participation, and facilitating settlement. R. 16.
According to the Rules of Appellate Procedure, the court may direct attorneys to appear for a pre-hearing conference to consider simplification of issues, etc. The court or judge shall make an order reciting the action taken at the conference and agreements made by parties. The order, when entered, controls the subsequent course of proceedings. Rule 28.
Appeals in actions seeking monetary damages or recovery are subject to mandatory mediation. R.A.P. Rule 54.
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According to Civil Rules of Procedure, R. 5(e), filing may be made by fax or other electronic means, provided that the original document must be filed with the clerk within five business days of the receipt of the fax.
State Bar of Montana Technology Committee.
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