Title 25 Chapter 35 MCA: Montana Small Claims Court Rules Explained

Montana's small claims court runs on Title 25, Chapter 35 of the Montana Code Annotated. The chapter spans several parts, and many procedural questions trace back to it. Here is what the statute actually says, translated from legislative language into plain English.

What Title 25, Chapter 35 Covers

This chapter creates the Small Claims Division within Montana Justice Courts. It is not a separate court — it is a simplified track inside the same Justice Court that handles general civil cases under MCA Title 3, Chapter 10. The key distinction: small claims proceedings strip out formal pleadings, discovery, and most rules of evidence to make the process accessible to people representing themselves.

The general Montana Rules of Civil Procedure do not automatically apply to small claims cases. Check Title 25, Chapter 35 and any applicable local court rules or court orders to determine what applies. This matters if you have been reading general civil procedure guides — much of what they describe does not apply in the small claims division.

Monetary Limit: $7,000

Under MCA § 25-35-502, the maximum amount you can claim or be sued for in small claims court is $7,000. That ceiling covers the principal demand only — court costs and any post-judgment interest are added on top and do not count toward the cap.

The claim must also be for a "fixed or easily determinable" sum, or for recovery of specific personal property within the limit. You cannot sue for open-ended damages, personal injury requiring a jury assessment, or equitable relief like an injunction. If someone is suing you for more than $7,000, or seeking a remedy outside small claims jurisdiction, the case does not belong in small claims.

No Attorneys (With One Exception)

MCA § 25-35-505 prohibits attorneys from appearing in small claims court — unless every party in the case has a lawyer. If the plaintiff shows up with counsel and you do not have one, you can object and the court should not allow the attorney to participate.

This rule exists because the small claims division is designed for self-represented parties. If you want attorney representation, your route is the 10-day removal window (see below), which transfers the case to the general civil division where attorneys are permitted.

The 10-Day Removal Window

Section 25-35-605 gives the defendant the right to remove a small claims case to the general civil division of Justice Court. The deadline is 10 days from the date you are served with the complaint and order to appear. Filing a notice of removal moves the case to a formal track where attorneys are allowed, jury trials are available, and the jurisdictional ceiling rises to $15,000.

Once the 10-day window closes, you permanently waive the right to a jury trial and to attorney representation in that case.

Hearing Within 40 Days

The statute directs the Justice of the Peace or clerk to set the defendant's appearance date between 10 and 40 days from the date of the order. In practice, some courts schedule faster — within two to three weeks — especially in smaller counties.

The defendant must be served at least five days before the hearing. If the order was not timely served, the plaintiff may have a new appearance date set by the Justice of the Peace or clerk.

Counterclaims

A defendant who has a claim against the plaintiff arising from the same transaction or occurrence can file a counterclaim. Under MCA § 25-35-606, the counterclaim must be served on the plaintiff at least 72 hours before the scheduled trial date. The counterclaim cap is $6,500.

Appeals Are Law-Only

If you lose, you can appeal to the District Court within 10 days of the judgment being entered. But this appeal is limited to questions of law — the District Court will not retry the facts or hear new evidence. If the Justice of the Peace applied the wrong legal standard, that is appealable. If you simply disagree with how the judge weighed the evidence, it is not.

What the Statute Does Not Cover

Title 25, Chapter 35 is silent on many practical questions — how to organize evidence, what to say at the hearing, how to negotiate a settlement before trial. The statute sets the framework; the rest is procedure and preparation.

For a complete walkthrough of responding to a Montana small claims case — from reading your served papers through hearing day — the Montana Small Claims Response Guide fills in everything the statute leaves to the reader.

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