§ Rule 9(a) Capacity

Codes > Montana Code > Title 25 > Chapter 20 : III Pleadings > Rule 9 : Rule 9(a)

Rule 9(a). Capacity

    It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.