Civil Court Forms Montana Judicial Branch

Payment of Justice Court fines, fees, and bond forfeitures can be accepted online by credit/debit card approximately 1 week after the citation is issued. To utilize this service, you will need your ticket or citation number. If you do not know the number, you can obtain it by calling Justice Court offices at (406) 568-2102.

Online payments for citations are accepted through CitePayUSA. There is a convenience fee in addition to the fines or bond forfeitures to pay for credit/debit card services provided by the 3rd party vendor. Click on link and follow instructions to pay online.

Restitution or Pay Agreements cannot be paid online. Must pay by mail or in person.

The Criminal Division handles traffic, fish & game violations, misdemeanor offenses, preliminary hearings and limited violations involving juveniles such as alcohol, tobacco, and gambling.

The Civil Division handles actions involving personal or property damages, contract disputes, recovery of personal property, interpleader, local ordinances, protection orders, forcible entry, unlawful detainer, and landlord/tenant disputes. The amount in controversy, or the value of the property, cannot exceed $15,000.00.

The Small Claims division handles contracts involving the recovery of money, recovery of specific personal property, and interpleader. The amount in controversy, or the value of the property, cannot exceed $7,500.00. Counterclaims cannot exceed $6,500.00.

The Justice Court DOES NOT handle disputes involving false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of paternity, divorce, and abduction. Justice Court does not have jurisdiction which involves the title or possession of real property or the legality of any tax.

• No weapons allowed except for Court Officers.

• No drugs, intoxicants, or alcohol of any kind.

• No food or gum allowed.

• Drinks other than water is allowed only in closable (lidded) containers.

• No smoking or chewing tobacco

• Disruptive behavior is cause for Contempt of Court.

• No back packs or sports bags (diaper bags are allowed if children are necessary in court).

• Attire in the Courtroom or Judges Chambers:

  -Remove hats.
  -No Shorts, Sweatpants or Bare Feet.
  -No Shirts with political or sexual content.
  

• Cell phones must be shut off.

• Electronic devices must be silenced.

• No Recording Devices without Court permission.

  -Specific criteria must be followed.
  

‍ ‍FILINGS:
When filings with the Court are made, it must be done in the proper format.  Any other format will not be accepted. Forms can be downloaded free of charge at https://courts.mt.gov/Forms Choose the form needed taking care it is for the Courts Of Limited Jurisdiction.

‍ ‍Example: Civil Complaint Form

‍ ‍

ARTIFICIAL INTELLIGENCE:
Use of artificial intelligence (AI) can be a useful tool.  It can also make the information within your filing document erroneous.  When AI is used to write motions or other communications to the court it must be disclosed how much of the document is AI generated.  If AI is used and not disclosed, the document(s) will NOT be accepted by the court.

‍ ‍

MOTIONS & BRIEFS:
 Documents are not to exceed 10 pages without leave of the court for good cause demonstrated.

Justice Court has open court for appearances on Tuesdays at 11:00 A.M. The issuing agency usually will write an appearance date on your citation approximately 10 days from when it was issued. Thursdays the Court may see you by appointment only.

Some offenses have mandatory appearances before the Judge. The Judge will advise you of your Constitutional Rights pertaining to the issue(s) and will then ask you for a Guilty or Not Guilty plea. If you decide to plead Guilty, the Judge will sentence you then. You may explain to the Judge the circumstances of why you are guilty, but you cannot plead guilty and explain to the Judge why you are not guilty.

You have a right to a trial. Upon entry of a Not Guilty plea, the Judge will advise you of your hearing dates. Non-Jury and Jury trials are set about 8-10 weeks from your appearance.

If the charge(s) you are faced with meets certain criteria, you may be appointed a Public Defender by the Court. When you appear in front of the Judge and enter a not guilty plea, the Judge will ask if you can afford an attorney. If you are unable to afford an attorney, the Judge may appoint one for you.

You may be required to pay for your representation by the Public Defender’s office.

Forms are available at the Justice Court
Legal Advice: The clerk of the Justice Court CANNOT give you legal advice. If you need legal advice, contact an attorney.

Fees: You must pay the clerk of the Justice Court a fee for filing that includes surcharges. The plaintiff’s fees in Justice Court's civil division total $50.00.

Jurisdiction Amount: The maximum you can collect through a judgment in Justice Court is $15,000.00. The value of the property you seek to recover cannot exceed $15,000.00. If you are seeking damages or personal property greater than the limitation you must file your action in District Court.

Type of Actions: Justice Court has jurisdiction over:
(1) Actions on a contract for recovery of money.
(2) Actions for damages for taking, detaining, or injuring personal or real property.
(3) Actions to recover personal property.
(4) Actions for damages for injury to the person.

The value of the claim or property cannot exceed $15,000.00. Justice Court does not have jurisdiction when the action involves title to real property, false imprisonment, libel, slander, seduction, malicious prosecution, determination of paternity, or abduction.

Representation: You may file the complaint individually or through an attorney. If you are filing for a corporation, partnership, or other entity, the complaint must be filed through an attorney.

Minors: If the plaintiff, or the defendant, is under the age of 18, a Guardian Ad Litem will need to be appointed before you can proceed with your complaint. See the clerk.

Evictions: If you are a landlord seeking possession of your rental property ask the Court for the landlord/tenant packet.

Service:The defendant must be served a copy of the complaint and summons. Service must be made within the state of Montana. Service outside the state of Montana may not be valid. If you are serving a corporation, partnership or person who resides outside the state of Montana, consult Rule 4 of the Justice and City Court Civil Rules. You CANNOT serve the defendant yourself. You can serve the defendant by having a levying officer or the sheriff give the forms to the defendant. You can serve the defendant by having a person over the age of 18 give the forms to the defendant. Proof of service must be signed by the person making the service and filed with the clerk of Justice Court. The original summons must be returned to the clerk of Justice Court.

You will be required to pay all fees of the levying officer or the sheriff. The fee for service varies, you should contact the levying officer or the sheriff for the fees they charge.

Default Judgment: You may request the clerk of court to enter a default judgment against the defendant if an answer is not filed within 20 days of service. You cannot receive a default judgment for more than you asked for in your complaint. There is no judgment fee if you receive a default judgment.

Trial: Your complaint will not be heard until after the defendant has been served and filed an answer. You must attend the trial. Failure to attend the trial will result in dismissal of your complaint. Be sure to bring along any witnesses, books, papers, or other evidence which will help prove to the court that you are entitled to a money judgment, judgment for damages or possession to the property.

Trial Judgment: The judge will consider all the evidence presented at the trial and enter a judgment within 30 days. You will be required to pay a judgment fee of $20.00 to the clerk of court if the judgment is entered in your favor. If you do not pay the judgment fee an execution on the judgment or a transcript of judgment will not be issued by the clerk of court.

Appeal: A judgment may be appealed by any party to the District Court within 30 days after entry of judgment. A notice of appeal must be filed with the Justice Court and a copy sent to the opposing party. The appeal fee must be paid directly to District Court. The judgment is stayed when the appeal fee is paid, and the appeal bond is posted. Failure to file the appeal bond equal to the judgment and costs, or deposit money equal to the judgment and costs, within 10 days of filing the notice of appeal shall result in the dismissal of the appeal. The appeal bond, or money deposit, of a prevailing party is $100 and costs.

Forms are available at the Small Claims Division of Court. Use these forms if you want to bring a lawsuit against someone who owes you money or who has possession of personal property you want returned. Review the Citizens Guide to Small Claims Court prepared by the Office of the Attorney General. If you need help the clerk of the Small Claims Court will assist you but CANNOT give legal advice.

The maximum you can collect through a judgment in small claims court is $7,000.00. The value of the property you seek to recover in small claims court cannot exceed $7,000.00. If you are seeking damages that have not been determined or agreed upon, you cannot file in small claims court but must file in the Civil Division of Justice Court.

You must pay the court clerk a filing fee totaling $30.00.

After you complete the forms, file them with the clerk of the small claims court. The “Small Claims Complaint” must be signed in the presence of the clerk of the Small Claims Court or the Judge.

The clerk of the small claims court will give you a hearing date when issuing the “Order of Court and Notice to Defendant”.

You must have a copy of the “Small Claims Complaint” and the “Order of Court and Notice to Defendant” served on the defendant.

The defendant must be served in the county in which the small claims court is located. Service of the defendant outside the county of the small claims court is not valid.

The defendant must be served not less than 5 days before the hearing date set by the clerk of the small claims court. If service cannot be made on the defendant within this time, you can request the clerk of court to reset the hearing date.

You CANNOT serve the defendant yourself. You can serve the defendant by having a levying officer or the sheriff give the forms to the defendant. You can serve the defendant by having a person over the age of 18 give the forms to the defendant. Proof of service must be signed by the person making the service and filed with the clerk of the Small Claims Court. The original “Order of Court and Notice to Defendant” must be returned to the clerk of the small claims court before the hearing date.

You will be required to pay all fees of the levying officer or the sheriff. The fee for service varies, you should contact the levying officer or the sheriff for the fees they charge.

You must attend the hearing. Failure to attend the hearing will result in dismissal of your complaint. Be sure to bring along any witnesses, books, papers, or other evidence which will help prove to the court that you are entitled to a money judgment or possession to the property.

Parties in Justice Court have the right to represent themselves or be represented by an attorney. In small claims action there are no attorneys allowed unless all parties are represented by an attorney.

In civil actions an attorney is not provided to a party but must be hired by the party. In some instances, a party cannot proceed without an attorney. Consult the Justice Court to see if you need an attorney.

In criminal actions a party has the right to an attorney at every stage of the court proceedings. If unable to hire an attorney and qualified under §47-1-111, MCA, a public defender would be appointed to represent the party.

Can I get help with this Process?
YES, you may get confidential Peer Counseling, Temporary Shelter, Financial, Medical and/or Legal help through SAVES. SAVES is a Volunteer Emergency Service.
Contact Katie or Tami at 406-538-2281 or 1-800-535-2303.

Can I keep my address confidential?
YES, except for the Court and Law Enforcement.

Will I see the Judge when I file?
The Judge will review your Petition. The Judge may require you to appear before granting a Temporary Order of Protection. If granted, the Judge will issue a Temporary Order of Protection, a date will be set within 20 days for a hearing on the petition. At the hearing, all parties will have an opportunity to be heard by the Judge. The Judge may grant the petition of an Order of Protection for a specific period of time or deny.

Can I file a Petition for an Order of Protection to protect my property?
NO. However, an Order of Protection may contain a provision that your property cannot be destroyed.

How much does an Order of Protection cost?
There is NO COST that you are required to pay.

Can I file an Order of Protection on behalf of my minor child/children?
YES, you would file additional paperwork to become the “Guardian Ad Litem”.

When does my Temporary Order of Protection go into effect?
Immediately upon issuance. The Temporary Order of Protection remains in effect until the hearing on the petition.

• Montana Legal Services Association - mtlsa.org
  Phone: 1-800-666-6899
  

• Public Defenders Office
  505 W. Main Street #418
  Lewistown, MT 59457
  Phone: 1-406-535-3703
  

• For Orders of Protection:
  You may receive confidential Peer Counseling, Temporary Shelter, Financial, Medical and /or Legal help through SAVES. 
  SAVES is a Volunteer Emergency Service. 
  Contact them at 406-538-2281 or 1-800-535 2303.  Contact Katie or Tami.

• Golden Valley County Attorney
  107 Kemp St.
  Ryegate, MT 59074
  Phone: 1-406-323-2230
  

• Department of Motor Vehicles
  Driver’s License Suspension & Reinstatement
  Phone: 1-406-444-3933
  

Searches can be done with the following information: Name, Date of Birth & Sex.

Be specific to the number of past years to be searched.

There is a $25.00 fee per individual search.

To view active warrants for Justice Court click here