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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (71)

Full Text

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¶34 Defendants nonetheless urge this Court to affirm the District Court's
order denying attorney's fees for an additional reason. They point to Rule
8(a), M.R.Civ.P., which requires the complaint to contain "a demand for
judgment for the relief the pleader seeks," and contend that the District Court
correctly held that Plaintiffs did not put them on notice in their complaint,
their pretrial order or their trial brief that they sought attorney's fees. They
maintain that the first time Plaintiffs raised a claim for attorney's fees was
after the court granted a directed verdict on liability, and insist that the failure
to present this claim earlier bars their claim entirely. We reject Defendants'
position for several reasons.