25-34-201. Commencement of actions. (1) Actions in small claims court shall be commenced by filing an affidavit with the clerk of court. The small claims court judge shall assist any claimant in preparing an affidavit or may direct the clerk of court to provide such assistance.
     (2) The clerk of court shall provide forms for the affidavits, which shall be in substantially the following form:
     "In the Small Claims Court of the ............ Judicial District in and for the County of .............., State of Montana.

     
     ......,     Doc. ...... No. ......
     Plaintiff     PLAINTIFF'S COMPLAINT/
     vs.     AFFIDAVIT NOTICE TO
     ......,     DEFENDANT, SEEKING
     Defendant     MONEY DAMAGES
     

     
     Plaintiff states that defendant(s) owe and should be ordered to pay to me the sum of ..........., because on .......... (date) at .......... (place), the defendant(s)
     ...... ......
     Plaintiff declares that the defendant or defendants are not a "person in military service" or "person in the military service of the United States" as defined in Sec. 101 of the Soldiers' and Sailors' Civil Relief Act of 1940.
     To the best of my knowledge and belief, the defendant named above resides at the following address or the following is the business address:
     ...... ......
     My printed name and printed address are as follows:
     ......
     
     Signed in my presence     Signature:......
     ......     
     Clerk or Deputy     Today's date:......
     

     
          ORDER OF THE COURT/NOTICE TO DEFENDANT

     This claim has been filed against you. You must appear before this court on .......... (date) at .......... (time) at .......... (location).
     If you do not appear, a judgment may be entered against you. Costs of the action also may be charged against you. You should read the information on the back of this claim and notice. If you have any questions about the procedure, you may contact the Clerk of the Court in person at .................... (location of court) or by telephone at ........... (number)
     
     ......
     Clerk of the Court
     By:......"
     

     
     (3) When an interpleader appears, he shall prepare an interpleader affidavit under 25-34-106. Upon the interpleader affidavit being sworn to by the affiant, the judge, justice, or clerk of the court shall file it and make a true copy and at the same time shall sign the order directing the defendant to appear and answer the claim. A copy of the order must then be served upon the defendant in the manner provided by law for service of summons.
     (4) Upon the matter being decided by the court, the court may order the court costs to be reimbursed from the interpleaded funds. The clerk of the court is charged with the responsibility of disbursing the interpleaded funds in accordance with the judge's order.

     History: En. 93-326, 93-332 by Secs. 5, 11, Ch. 519, L. 1975; R.C.M. 1947, 93-326(part), 93-332; amd. Sec. 2, Ch. 530, L. 1987.