Montana Code Annotated 2023

TITLE 25. CIVIL PROCEDURE

CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT

Part 6. Procedure Before Trial

Commencement Of Action -- Assistance To Claimant

25-35-601. Commencement of action -- assistance to claimant. (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 complaint or instruct the clerk to provide the assistance. The attorney general shall prepare a pamphlet explaining in plain language the procedures for prosecuting and defending a claim in small claims court and distribute copies of the pamphlet to each small claims court. The justice or the justice's clerk shall give the plaintiff a copy when the plaintiff appears to execute a complaint, and a copy must be attached to the order of the court/notice to defendant.

History: En. Sec. 6, Ch. 586, L. 1981; amd. Sec. 3, Ch. 492, L. 1983; amd. Sec. 510, Ch. 56, L. 2009.