Title 25, Title 25

(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 small claims division of the justice's court when any person appears before a justice of the peace and executes an affida…

(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…

The sworn complaint and order of the court must be made in substantially the following form: IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'SCOURT OF ................. COUNTY, MONTANABEFORE ................., JUSTICE OF THE PEACE ..................... Plaintiff vs. Complaint .......…

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 copy of the sworn complaint m…

(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 law for service…

(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 the notice of removal, the court to which t…

(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 th…

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.

(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 …

(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 or hearing; an…

The hearing and disposition of small claims actions shall be informal.

The plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing in the same manner as in other cases arising in justice's court or by written evidence, and the judge may direct the production of evidence that the judge considers appropriat…

All civil actions tried in a small claims court shall be recorded either electronically or stenographically.

Upon the conclusion of the case tried to the court, the justice shall make findings and enter judgment.

The prevailing party in an action before the small claims court is entitled to the party's costs.

(1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a copy of the noti…

(1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal. (2) When notice of appeal is filed, the justice shall …

The district court may hear the recording of the proceedings of the justice's court, but in its discretion it may have parts or all of the recordings transcribed at the cost of the district court. If the proceedings are stenographically taken, the notes will be transcribed in ful…

(1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs. (2) If a defendant removes a matter to justice's court under the provisions of 25-35-605(1) but does not prevail in justice's court, th…

Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice's court judgments.