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Montana Small Claims Court

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Statues: Montana Code Annotated, Title 3, Ch. 10, Part 10, Sections 1001-1005; Title 3, Ch. 12, Sections 101-107 (District Court); Title 25, Ch. 33, Sections 101-306, Ch. 35, Sections 501-807 (Justice Court).

Dollar Limit:: $3,000. Where To Sue: Where defendant resides. Contracts Where performance expected.

Service: Sheriff or constable. (Justice court only: disinterested adult).

Hearing Date: District Court 10-30 days from filing of claim. Justice Court 10-40 days.

Attorneys: Not allowed, unless all sides represented by attorneys.

Transfer: District Court No provision. Justice Court If defendant files notice within 10 days of receipt of complaint, case tried under regular civil procedure of Court.

Appeals: Allowed by either party within 30 days (from Justice or City Court to District Court) for new trial. Within ten days (from Small Claims Court to Justice or District Court) on law, not facts.

Special Provisions: Jury trial available to defendant unless counterclaim filed. Right to sue may not be transferred. No personal injury or property damage cases. Limit of ten claims a year per plaintiff. Defendant's counterclaim (up to $2500) arising out of the same transaction or occurrence must be served on plaintiff at least 72 hours before the hearing date.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 12 2008

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