Montana Small Claims Court Tips: How to Present Your Case

You've filed your Montana small claims case, served the defendant, and now the hearing date is approaching. The outcome depends less on legal knowledge and more on how clearly you present the facts. Here's what actually matters in the courtroom.

Organize Your Evidence Like a Professional

Montana small claims hearings are informal under MCA § 25-35-701, and § 25-35-702 allows each side to offer evidence through witnesses at the hearing or by written evidence. But "informal" doesn't mean the judge will sort through a pile of loose papers for you.

Prepare three identical sets of your documents: one for the judge, one for the opposing party, and one for yourself. Put them in chronological order with a simple index page listing each exhibit:

1. Contract or agreement
2. Invoices or receipts
3. Proof of payment
4. Demand letter and certified mail receipt
5. Photos (dated)
6. Communication records (texts, emails)
7. Repair estimates

When you reference a document during the hearing, say "Exhibit 3, Your Honor" and hand the judge the relevant page. This simple system signals preparation and makes it easy for the judge to follow your argument.

Lead With the Timeline, Not the Emotion

Judges hear dozens of small claims cases. The most effective presentations follow a straight chronological line:

1. What was the agreement (or what happened)
2. When the other party breached or caused damage
3. What you did to resolve it (demand letter)
4. How much you're owed and how you calculated it

Resist the urge to editorialize. "He's a terrible contractor who ruined my house" loses to "On March 15, I paid a $3,000 deposit for kitchen renovations. On April 22, the contractor stopped returning calls. I have three text messages showing my follow-ups and a written estimate of $2,800 from a second contractor to complete the work."

Bring Witnesses Who Add Something

Under MCA § 25-35-702, you can subpoena witnesses through the small claims court clerk. But only bring witnesses who have firsthand knowledge that supports your case — a neighbor who saw the damage happen, a mechanic who inspected the car, a colleague who was present during a verbal agreement.

MCA § 25-35-702 allows written evidence, and the judge may direct production of evidence the judge considers appropriate. If a witness's firsthand testimony matters, request a subpoena through the small claims court clerk.

Statutory witness fees and mileage must be tendered when the subpoena is served.

Know What the Judge Can't Do

Small claims court resolves money disputes. The judge can award up to $7,000 plus court costs. Things the judge cannot do:

• Order someone to do or stop doing something (no injunctions)
• Award damages for emotional distress, pain, or inconvenience
• Decide property boundary disputes or evictions
• Override a contract's arbitration clause

Setting realistic expectations prevents frustration. Your goal is to leave with a money judgment for a provable amount.

Common Mistakes That Lose Cases

Not bringing the demand letter receipt. Many Montana counties require proof you sent a demand letter before filing. Even where it's not required, showing you tried to resolve the dispute before suing demonstrates good faith.

Claiming more than you can prove. If your repair estimate says $1,800, don't claim $3,500 hoping the judge will split the difference. Judges award what the evidence supports.

Interrupting the other party. The judge will give both sides time to speak. Wait your turn. When the defendant makes a claim you disagree with, make a note and address it in your rebuttal — don't talk over them.

Forgetting about interest. If you're owed money under a written contract, you're entitled to pre-judgment interest at 10% per year (MCA § 31-1-106). Include this in your complaint when you file.

The Day-Of Checklist

Arrive 15 minutes early with your evidence binders, photo ID, and any witnesses. Dress as you would for a job interview. When called, stand, address the judge as "Your Honor," and present your case directly. If the judge asks a question, answer it — don't redirect to your prepared script.

Most small claims hearings last 15 to 30 minutes. The judge may rule from the bench or issue a written decision within a few days.

The Montana Small Claims Filing Guide includes an evidence organization checklist and witness question outline designed specifically for Montana's small claims procedures.

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