25-35-601. Commencement of action — assistance to claimant
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
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
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
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
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 […]
25-35-502. Jurisdiction
25-35-502. Jurisdiction. (1) The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced. (2) The small claims court has jurisdiction over an interpleader under […]
25-35-302. Repealed
25-35-302. Repealed. Sec. 29, Ch. 586, L. 1981. History: En. 93-355 by Sec. 11, Ch. 572, L. 1977; R.C.M. 1947, 93-355.
25-35-303. Repealed
25-35-303. Repealed. Sec. 29, Ch. 586, L. 1981. History: En. 93-356 by Sec. 12, Ch. 572, L. 1977; R.C.M. 1947, 93-356.
25-35-401. Repealed
25-35-401. Repealed. Sec. 29, Ch. 586, L. 1981. History: En. 93-362 by Sec. 18, Ch. 572, L. 1977; R.C.M. 1947, 93-362.
25-35-402. Repealed
25-35-402. Repealed. Sec. 29, Ch. 586, L. 1981. History: En. 93-364 by Sec. 20, Ch. 572, L. 1977; R.C.M. 1947, 93-364(3).