Montana Rules & Forms

Win Your Montana Case

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

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