25-31-101. Issues which cannot be presented in justice’s court. (1) The parties to an action in a justice’s court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by […]
25-31-102. Transfer to district court — dismissal. (1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall suspend all further […]
25-31-103 through 25-31-110 reserved.
25-31-111. What provisions of code applicable to justices’ courts. Because justices’ courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices’ courts or which have been made applicable by special provisions in this chapter and Titles […]
25-31-112. Fees. The following is the schedule of fees that, except as provided in 25-35-605, must be paid in every civil action in a justice’s court: (1) when a complaint is filed, the following fee to be paid by the plaintiff: (a) $30 beginning July 1, 2013; (b) $35 beginning July 1, 2014; and (c) $40 beginning July 1, 2015; […]
25-31-113. When fees payable. All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing herein contained shall restrict or prevent the bringing of suits in forma pauperis as provided by law. History: En. Sec. 4642, Pol. C. 1895; and as Sec. 1, Ch. 52, […]
25-31-114. Repealed. Sec. 63, Ch. 16, L. 1991. History: En. Sec. 1691, C. Civ. Proc. 1895; re-en. Sec. 7089, Rev. C. 1907; re-en. Sec. 9722, R.C.M. 1921; re-en. Sec. 9722, R.C.M. 1935; amd. Sec. 1, Ch. 167, L. 1967; R.C.M. 1947, 93-7712.
25-31-115. Deposit of money in lieu of undertaking. In civil cases arising in justices’ courts wherein an undertaking is required by this chapter, the plaintiff or defendant may deposit with said justice a sum of money equal to the amount required by said undertaking, which said sum of money shall be taken as security in place […]
25-31-116. Repealed. Sec. 63, Ch. 16, L. 1991. History: En. Sec. 611, p. 164, Bannack Stat.; re-en. Sec. 717, p. 180, Cod. Stat. 1871; re-en. Sec. 777, 1st Div. Rev. Stat. 1879; re-en. Sec. 797, 1st Div. Comp. Stat. 1887; amd. Sec. 1628, C. Civ. Proc. 1895; re-en. Sec. 7054, Rev. C. 1907; re-en. Sec. 9687, R.C.M. […]
25-31-117 and 25-31-118 reserved.
25-31-119. Interpleader actions. (1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the justice’s court when any person appears before a justice of the peace and executes an affidavit setting forth the nature and basis of the claim. […]
