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Parties in Small Claims Court may not have an attorney unless both parties are represented by an attorney. Appeal can be on issues of law only; there is not a trial de novo in District Court on appeal.
If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.
The Notice of Issue is the only notice to the Court that a motion is pending. Until a Notice has been filed and served, the motion(s) shall not be deemed submitted.
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice.
The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.
Complaint: The Court has civil complaint forms available for you to use which include instructions that will help you explain your lawsuit to the presiding judge and to the opposing party or parties. Filing Fee: The filing fee for a complaint is $350.00 plus a $50.00 administrative fee for a total of $400.00.
Small Claims Forms and Process. The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.