Mont. R. Civ. P. 8

(a) Claim for Relief. A pleading which states a claim for relief must contain:

(1) a short and plain statement of the claim showing that the pleader is entitled to relief;

and

(2) a demand for the relief sought, which may include relief in the alternative or

different types of relief.

(b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted against it;

and

(B) admit or deny the allegations asserted by an opposing party.

(2) Denials -- Responding to the Substance. A denial must fairly respond to the

substance of the allegation.

(3) General and Specific Denials. A party that intends in good faith to deny all the

allegations of a pleading -- including the jurisdictional grounds -- may do so by a

general denial. A party that does not intend to deny all the allegations must either

specifically deny designated allegations or generally deny all except those specifically

admitted.

(4) Denying Part of an Allegation. A party that intends in good faith to deny only

part of an allegation must admit the part that is true and deny the rest.

(5) Lacking Knowledge or Information. A party that lacks knowledge or information

sufficient to form a belief about the truth of an allegation must so state, and the

statement has the effect of a denial.

(6) Effect of Failing to Deny. An allegation -- other than one relating to the amount

of damages -- is admitted if a responsive pleading is required and the allegation is not

denied. If a responsive pleading is not required, an allegation is considered denied or

avoided.

(c) Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any

avoidance or affirmative defense including, but not limited to:

• accord and satisfaction;

• action on advice of counsel;

• arbitration and award;

• assumption of risk;

• comparative negligence;

• discharge in bankruptcy;

• duress;

• estoppel;

• failure of consideration;

• fraud;

• illegality;

• injury by fellow servant;

• laches;

• license;

• payment;

• release;

• res judicata;

• statute of frauds;

• statute of limitations; and

• waiver.

(2) Mistaken Designation. If a party mistakenly designates a defense as a

counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat

the pleading as though it were correctly designated, and may impose terms for doing

so.

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

(1) In General. Each allegation must be simple, concise, and direct. No technical form

is required.

(2) Alternative Statements of a Claim or Defense. A party may set out 2 or more

statements of a claim or defense alternatively or hypothetically, either in a single count

or defense or in separate ones. If a party makes alternative statements, the pleading is

sufficient if any one of them is sufficient.

(3) Inconsistent Claims or Defenses. A party may state as many separate claims or

defenses as it has, regardless of consistency.

(e) Construing Pleadings. Pleadings must be construed so as to do justice.