Montana Complaint for Damages and Declaratory Judgment

State:
Multi-State
Control #:
US-01605
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Jurisdiction. (1) 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.

1. The amount demanded in the complaint cannot exceed $7,000 excluding costs, and the Defendant must be able to be served within the county issuing the complaint. 2. A written complaint must be prepared and SWORN TO before the Court.

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.

(a) Power to Declare Rights, etc.; Force of Declaration. District and superior courts within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.

The amount demanded in the complaint cannot exceed $7,000 excluding costs, and the Defendant must be able to be served within the county issuing the complaint.

Small Claims Court is for money debts, personal injury or property damages up to $6,000. That is the maximum amount you can receive in Small Claims Court.

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 Montana court rule requires local counsel to be at least minimally involved in the case.

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Montana Complaint for Damages and Declaratory Judgment