Title 25, Title 25

The provisions of part 3 of chapter 14 in relation to the examination and discharge of a defendant imprisoned on execution in a civil action shall apply to justices' courts, and justices of the peace shall have the same powers in their courts as are by said sections granted to th…

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 …

When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the name of the office, when the judgment is to be paid by the county, an execution may not issue upon the judgment, but the judgment must be paid in the sa…

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 …

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.

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 of …

(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 …

All actions for the recovery of the possession of real property must be commenced in the county in which the real property, or any part thereof, affected by such action or actions is situated.

A justice may, in all cases, require a deposit of money or an undertaking as security for costs of court before issuing a summons.

When the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons and in any other process or proceeding in the action by a fictitious name or by as much of the defendant's name as is known, adding a description identif…

The time specified in the summons for the appearance of the defendant must be as follows: (1) if an order of arrest is endorsed upon the summons, immediately; (2) in all other cases, the summons must provide that the defendant shall answer in writing, file the answer, and serve a…

(1) A case is not subject to dismissal by the court for nonservice or failure to proceed during the time that the summons is valid. (2) If the summons is returned without being served upon any or all of the defendants, the justice, upon the request of the plaintiff, may issue an …

If the plaintiff attaches to the complaint or files with the justice at the time of issuing the summons a copy of the promissory note, bill of exchange, other obligation for the payment of money, or other instrument upon which the action is brought, the defendant is considered to…

A variance between the proof on the trial and the allegations in pleading must be disregarded as immaterial unless the court is satisfied that the adverse party has been misled to the party's prejudice by the variance.

(1) Parties in justice's court may appear and act in person or by attorney. (2) Any person, except the constable by whom the summons or jury process was served, may act as attorney for a party. (3) Except as provided in 35-8-301, a member with a majority interest in a limited lia…

When a minor, incompetent person, or person who has been committed pursuant to 53-21-127 is a party, the minor or other person shall appear either by general guardian, if the minor or other person has one, or by a guardian ad litem appointed by the justice. When a guardian ad lit…

Unless postponed as provided in this part or transferred to another court, the trial of the action may commence at the time set by the court as specified in the notice mentioned in Rule 20, Montana Justice and City Court Rules of Civil Procedure, and after the trial has commenced…

The court may, of its own motion, postpone the trial for not exceeding 4 months for good cause.

The court may, by the consent of the parties given in writing or in open court, postpone the trial to a time agreed upon by the parties.

The trial may be postponed upon the application of either party for a period not exceeding 4 months. The party making the application shall prove, by the party's own oath or otherwise, that the party cannot, for want of material testimony that the party expects to procure, safely…

The court may require the party making the application to state, upon affidavit, the evidence that the party expects to obtain, and if the adverse party admits that the evidence would be given and that it is considered as actually given at the trial or offered and overruled as im…

(1) If the application is on the part of the plaintiff and the defendant is under arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution in the same manner as if the …

The party making the application must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance may be then taken by deposition before the justice and that the testimony so taken may be read on trial with the same effe…

No adjournment may be granted upon the application of either party for a period longer than 10 days unless the opposite party consents or the party applying files an undertaking, in an amount fixed by the justice, with two sureties to be approved by the justice, to the effect tha…

(1) 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 or hearing; (b) the party does not reside with…

Issues arise upon the pleadings when a fact or conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds: (1) of law; and (2) of fact.

An issue of fact arises: (1) whenever a material allegation in the complaint is controverted by the answer; and (2) whenever the answer contains new matter which raises questions of fact and not merely an issue of law.

(1) An issue of law must be tried by the court. (2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.

When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess and judgment may be entered for the residue.

Where a counterclaim is established which equals the plaintiff's demand, the judgment must be in favor of the defendant. Where it is less than the plaintiff's demand, the plaintiff must have judgment for the residue only. Where it exceeds the plaintiff's demand, the defendant mus…

When the judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, the fact that the defendant is so subject must be stated in the judgment.

The judgment rendered in a justice's court creates a lien upon any lands of the defendant upon the filing of a transcript of the original docket, certified by the clerk of the justice's court, with the office of the clerk of the district court of the county in which the lands are…