Justice Court
Civil Court
Justice Court has jurisdiction over: (1) actions on a contract for recovery of money, (2) actions for damages for taking, detaining, or injuring personal or real property, (3) actions to recover personal property, and (4) actions for damages for injury to the person. The value of the claim has monetary limitations set within the Montana Annotated Code (MCA). Refer to the MCA link for limitations. Court fees may vary between jurisdictions please contact the court clerk for fee information.
Representation: You may file the complaint individually or with an attorney. If you are filing for a corporation, partnership, or other entity, complaint must be filed through an attorney.
Minors: If the plaintiff or the defendant is under the age of 18, a parent or guardian must file or respond on their behalf. Proof of this status may be required.
Service: The defendant must be served a copy of the complaint and the original summons by an uninterested party following service guidelines. Service must be made within the State of Montana. Service outside the State of Montana may not be valid. If you are serving a corporation, partnership or person who resides outside the State of Montana, consult Rule 4 of the Justice and City Court Civil Rules. Proof of service must comply with Montana Law. The original summons with proof of service must be returned to the clerk of the justice court.
Default Judgment: You may request the judge to enter a default judgment against the defendant if an answer is not filed within 20 days of service. You cannot receive a default judgment for more than you asked for in your complaint. There is no judgment fee if you receive a default judgment.
Trial: Your complaint will be heard only if defendant has filed an answer with request for a hearing. You must attend the trial, you may ask for a jury trial, and you or defendant may be asked to post bond for cost of that jury. You may ask for witnesses to be subpoenaed for the trial. Failure to attend the trial will result in dismissal of your complaint. Be sure to bring along any witnesses, books, papers, or other evidence which will help prove your complaint to the court.
Trial Judgment: The judge will consider all the evidence presented at the trial and the rule of law and enter a judgment within 30 days. If judgment is in your favor, the clerk or judge may give you options for collection.
Appeal: A judgement may be appealed by any party to the District Court within 30 days after entry of judgement. Contact District Court clerk for additional information.
Closing Case: Upon judgment and/or collection be advised that by law, you must CLOSE the case when the amount is paid in full. A defendant may come back to you with legal action if you fail to satisfy the judgment and this causes adverse effects upon their credit history.
Some guidance through the process with guidelines to follow available at the FORMS link below. Please note this link contains options for your assistance to include Small Claims Court and Civil Justice Court information.