Rule 11. Substitution of parties.
A. SUBSTITUTION. If an original party to an action dies, becomes incompetent, transfers the party's interest, or is succeeded in office and the claim survives the absence of the original party, the justice or city court may order substitution of the proper party. The substitution is governed by Rule 10A.
B. FAILURE TO MAKE SUBSTITUTION. If substitution is not made within twenty (20) days after being ordered, the action must be dismissed without prejudice.
History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.
Structure Montana Code Annotated
Chapter 23. Montana Justice and City Court Rules of Civil Procedure
Rule 2. Commencement of action
Rule 3. Place of trial or venue
Rule 4. Persons -- jurisdiction -- process -- service
Rule 5. Service and filing of pleadings and other papers, excluding summons
Rule 8. Amendment of pleadings
Rule 9. Motions and other papers
Rule 10. Naming of parties to action
Rule 11. Substitution of parties
Rule 12. Joinder of claims and parties necessary for just adjudication