the action commences when the party serves and files notice of appeal pursuant to §§ 25-33-102 and -103, MCA. We hold further that in appeals from justice court, jury trial demands shall be made within ten days of the filing of notice of appeal. ¶26 In reaching these holdings, we conclude that § 25-33-301, MCA’s limitation of appeals from justice court to the pleadings filed in justice court does not limit jury trial demands in appeals from justice court, because jury trial demands are not pleadings. Rule 38, M.R.Civ.P., expressly distinguishes demands for jury trials from pleadings, providing that jury trial demands may be filed no later than “10 days after the service of the last pleading directed to such issue.” Rule 38(b), M.R.Civ.P (emphasis added). See also Rule 7, M.R.Civ.P. (<HOLDING>); 8 Moore’s Federal Practice, §
recognizing that a dismissal without prejudice along with a limited opportunity to amend the complaint within twenty days only became final and binding when no amended pleadings were filed within the time period allowed holding that property is not limited to technical forms but encompasses a broader definition recognizing only specific limited forms of pleadings holding that questions regarding qualified immunity are resolved on the face of the pleadings and with limited resort to pretrial discovery holding a writ was appropriate when the authorization was not limited as to time and not limited to specific healthcare providers