Montana Rules & Forms
Small Claims Court
Court: Montana residents file small claims cases are heard in the Small Claims Division of the District Court.
Claim Limit: $7,000.00
Answer Period: An answer is not required (just show up for the trial). However, if a Defendant is filing a Counterclaim ($2,500 max) the Defendant should file a written answer within 72 hours of the trial.
Attorney Representation: Yes, by mutual consent.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted, but the defendant can request that the case be transferred to regular court in order to receive a jury trial.
Statutes of Limitations (Mont. Code Ann. § 27-2-2021 et seq.):
– Written Contract: 8 years
– Oral Contract: 5 years
– Personal Injury: 3 years
– Real Property: 2 years
– Personal Property: 2 years