24.5.308 JOINING THIRD PARTIES (1) The joinder of parties shall be governed where appropriate by the considerations set forth in Rules 14, 19, 20, and 21 of the Mont.R.Civ.P.
(2) Unless otherwise permitted by order of the court, a motion to join a third party must be served within 30 days of the service of the petition by the court. The motion shall be filed and served on all parties and the proposed third party. Any party and the proposed third party shall have 10 days from the date of service to serve objections to the motion. The court may, for good cause shown, grant joinder on such terms and conditions as are necessary to protect the interests of the existing parties, including the interest of a speedy remedy.
(3) If the joinder of a third party results in the trial being vacated and good cause is shown, the court may order the insurance company alleged to be at risk at the time of the accident to pay benefits pending the trial. Such insurer has a right to seek indemnity from the responsible insurer if it is later determined that it was not responsible.
(4) Within 10 days of an order joining a third party, the joined party shall serve upon all parties, and file with the court, a response which shall comply with ARM 24.5.302. (History: Sec. 2-4-201,39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905 MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.206; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2000 MAR p.1513, Eff. 6/16/00.)