25-35-601. Commencement of action — assistance to claimant. (1) A small claims action is commenced whenever any person appears before a justice of the peace or the justice’s clerk and executes a sworn small claims complaint in substantially the same form as set forth in 25-35-602. (2) The justice shall assist any claimant in preparing the complaint […]
25-35-602. Form of complaint and order of court/notice to defendant. The sworn complaint and order of the court must be made in substantially the following form: IN THE SMALL CLAIMS DIVISION OF THE JUSTICE’S COURT OF …………….. COUNTY, MONTANA BEFORE …………….., JUSTICE OF THE PEACE ………………… Plaintiff vs. Complaint ………………… Case No. ….. ………………… Defendant(s) Comes now the […]
25-35-603. Hearing date. The date for the appearance of the defendant to be set forth in the order must be determined by the justice of the peace or by the justice’s clerk and may not be more than 40 or less than 10 days from the date of the order. Service of the order and a […]
25-35-604. Service on defendant — return. (1) The original of the order and notice must be shown to the defendant, and a copy of the order and notice along with a copy of the sworn complaint must be served upon the defendant by the sheriff, constable, or other process server in the same manner provided by […]
25-35-605. Removal to justice’s court — effect of failure to remove. (1) Any action commenced in small claims court may be removed to justice’s court by a defendant upon the filing of a notice of removal with the justice within 10 days of the service of the complaint and order. From the time of filing of […]
25-35-606. Defendant’s counterclaim. (1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff’s claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). […]
25-35-607. No further pleadings. No form of pleading other than the complaint, the order of the court/notice to defendant, and the counterclaim of the defendant, if there is one, is allowed. History: En. Sec. 12, Ch. 586, L. 1981.
25-35-608. Fees. (1) The clerk of the justice’s court shall collect a fee of: (a) $20 from the plaintiff upon the filing of the sworn complaint; and (b) $10 from the defendant upon the defendant’s appearance and contesting of the complaint or execution of a counterclaim. (2) The laws relating to paupers’ affidavits apply to actions before the small […]
25-35-609. Pretrial conferences or hearings — appearance by telephone conference. (1) At the discretion of the court, a party or the party’s attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if: (a) the party does not need to or intend to offer evidence at the pretrial conference […]
