Montana Small Claims Court Hearing: What to Bring and How to Prepare

How the Hearing Works

Montana small claims hearings are informal proceedings before a Justice of the Peace (MCA § 25-35-701). There is no jury unless the action is removed to the regular Justice Court civil division, and attorneys may not appear unless all parties are represented by counsel. MCA § 25-35-702 allows each side to offer evidence through witnesses at the hearing or by written evidence. The judge hears both sides, reviews the documents and either rules on the spot or issues a written decision within a few days.

Despite the informality, this is still a legal proceeding. The party with better-organized, more credible evidence wins. Showing up unprepared is the most common reason people lose cases they should have won.

What to Bring

Local courts like Park County Justice Court explicitly require three complete sets of all exhibits. Even where the rule is not posted, three copies is the standard expectation:

• One set for the judge
• One set for the opposing party
• One set for your own reference

Your evidence packet should include:

• The original complaint and court order
• Your demand letter and certified mail receipt — proof that you tried to resolve the dispute before filing
• Contracts, invoices and receipts — the written record of the transaction
• Photos and repair estimates — document property damage with dated photos and at least one professional estimate
• Text messages and emails — print these out; courts generally will not look at evidence displayed on a phone screen
• Bank statements or payment records — showing money that was paid or not paid

Organize the documents in chronological order. Label each exhibit clearly so you can refer to it by name when the judge asks questions.

Witnesses and Subpoenas

If someone saw the event, inspected the damage or was present during the transaction, they can testify. MCA § 25-35-702 also allows written evidence, and the judge may direct production of evidence the judge considers appropriate. If a witness is reluctant to attend voluntarily, request a subpoena from the court clerk. Have it served on the witness well before the hearing date. Statutory witness fees and mileage must be tendered upon service.

Default Judgments

If the defendant does not show up and your proof of service is on file, the court enters a default judgment in your favor for the amount claimed plus court costs. For personal service, the judge checks the Civil Affidavit of Service; for clerk-arranged certified-mail service, the judge checks the signed return receipt.

If you are the plaintiff and fail to appear, the court dismisses your case (with or without prejudice, depending on the judge's discretion).

Appearance Fees

Some courts charge a per-party appearance fee at check-in. Park County charges $20 per person. Bring cash or a check — credit cards are not always accepted.

At the Hearing

Arrive early and check in with the court clerk. When your case is called:

1. The plaintiff presents their side first — state what happened, what you are owed and why, then walk the judge through your evidence.
2. The defendant responds.
3. The judge may ask questions of both parties.
4. Each side gets a chance to respond to the other's points.

Keep your presentation brief and factual. The judge has a full docket and appreciates concise arguments grounded in documents rather than long stories.

After the Ruling

The judge either rules from the bench or takes the case under advisement. Once the written judgment is entered, the losing party has 10 calendar days to file an appeal. If no appeal is filed, the judgment is final.

Putting It All Together

The Montana Small Claims Filing Guide includes an evidence organization checklist with a witness-question outline, so you walk into the courtroom with every exhibit labeled, every witness prepared and a clear plan for presenting your case.

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