SENATE BILL NO. 456

INTRODUCED BY B. WILSON

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A LANDLORD MAY BE REPRESENTED IN A JUSTICE'S COURT, AS TO AN ISSUE BETWEEN THE LANDLORD AND A TENANT, BY A PERSON WHO MANAGES OR WORKS FOR AN ENTITY THAT MANAGES THE PROPERTY FOR THE LANDLORD; PROVIDING THAT THERE IS NO LIMITATION ON THE NUMBER OF TIMES THAT PERSON MAY REPRESENT ANOTHER PERSON OR ENTITY IN A JUSTICE'S COURT; AND AMENDING SECTIONS 25-31-601 AND 25-35-505, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 25-31-601, MCA, is amended to read:

"25-31-601. Who may act as attorney. Parties in a justice's court may appear and act in person or by attorney. Any person, except the constable by whom the summons or jury process was served, may act as attorney. A landlord may be represented, as to an issue between the landlord and a tenant, by a person who manages or works for an entity that manages the property for the landlord, and there is no limitation on the number of times that person may represent the landlord."

Section 2. Section 25-35-505, MCA, is amended to read:

"25-35-505. Parties -- representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state.

(2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court.

(3) Individuals may represent themselves in a small claims court. A partnership may be represented by a partner or one of its employees. A union may be represented by a union member or union employee. A corporation may be represented by one of its employees. An association may be represented by one of its members or by an employee of the association. Any other kind of organization or entity may be represented by one of its members or employees. A landlord may be represented, as to an issue between the landlord and a tenant, by a person who manages or works for an entity that manages the property for the landlord. There is no limitation on the number of times that person may represent another person or entity as allowed in this subsection.

(4) Except as provided in subsections (3) and (5), only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court.

(5) A party may not file an assigned claim in the small claims court unless it has been assigned pursuant to 27-1-718.

(6) Except for claims under 27-1-718, a party may not file more than 10 claims in any calendar year.

(7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the small claims court."

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