Montana Small Claims Court Forms: Complaint, Summons and Praecipe

The Forms You Need

Montana small claims cases use a short set of standardized forms. You can download them from the Montana Judicial Branch portal at courts.mt.gov/forms/civilforms. The core packet consists of:

• Small Claims Complaint and Order of Court — the main document. The top half is your sworn complaint; the bottom half is the judge's order directing the defendant to appear.
• Praecipe — a one-page instruction sheet that gives the process server or sheriff the defendant's physical address and contact details.
• Civil Affidavit of Service — the process server fills this out after delivering the papers, confirming the date, time, location and identity of the person served.

If you cannot afford the filing fee, there is a fourth form: the Affidavit of Inability to Pay, which applies for a fee waiver under MCA § 25-10-404.

How to Fill Out the Complaint

The Small Claims Complaint and Order of Court is a unified statutory form prescribed by MCA § 25-35-602. The layout is straightforward, but a few details trip people up.

The caption. At the top, enter the county, the name of the Justice Court, and the names of both parties. If you are suing a business, use the entity's registered legal name — check the Montana Secretary of State's online registry. For a sole proprietor trading under a business name, write "John Doe d/b/a Doe's Plumbing."

The body. State the dollar amount you are claiming and a short explanation of why the defendant owes it. Keep the language factual — "Defendant failed to return my $2,400 security deposit within the deadline required by MCA § 70-25-202" is better than a paragraph of narrative.

The oath. This is where the form differs from most paperwork. You must appear before the Justice of the Peace or the small claims court clerk and sign the complaint under oath. MCA § 25-35-601 says the action is commenced when you appear and execute the sworn complaint.

Copies. Prepare the original for the court file, one copy for yourself and one complete copy for each defendant.

The Praecipe

The Praecipe tells whoever is serving the papers where to find the defendant. List the defendant's residential or business address and a phone number if you have one. The clerk hands this to the sheriff or attaches it to the service packet.

The Affidavit of Service

After the defendant is served, the process server completes the Civil Affidavit of Service and files it with the court clerk. It must be on file before the hearing — without it, the judge cannot enter a default judgment if the defendant does not show up.

The affidavit records the method of service (such as personal delivery or substitute service), the exact date and time, the physical location, and the name of the person who received the papers.

What You Will Not Find on the Forms Portal

The official forms cover the legal requirements, but they do not include organizational tools like a deadline tracker, a service log or an evidence checklist. The Montana Small Claims Filing Guide bundles the filing steps with eight printable worksheets — including a filing-day checklist and a service tracking worksheet — so you show up with everything the clerk and judge expect.

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