{"data":{"id":"us-mt/25-35-602","jurisdiction":"us-mt","citation":"25-35-602","heading":"Form of complaint and order of court/notice to defendant.","body":"The sworn complaint and order of the court must be made in substantially the following form:\nIN THE SMALL CLAIMS DIVISION OF THE JUSTICE'S COURT OF ................. COUNTY, MONTANA BEFORE ................., JUSTICE OF THE PEACE\n.....................\nPlaintiff\nvs. Complaint\n..................... Case No. .....\n.....................\nDefendant(s)\nComes now the plaintiff, being first duly sworn, upon oath, and complains and alleges that the defendant is indebted to plaintiff in the sum of $......, for ............... which sum is now due, owing, and unpaid despite demands for the payment of the sum, together with plaintiff's costs expended in this action.\nDated this ...... day of .............., 20...\n.........................\nPlaintiff\n.........................\nPlaintiff's address\nSubscribed and sworn to before me this ...... day of ........., 20...\n.........................\nJustice of the peace\nBy: ........\nClerk, small claims division\nORDER OF COURT/ NOTICE TO DEFENDANT\nTHE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT(S):\nYou are directed to appear and answer the complaint at:\n.................... .................... on ..... at ....... Reset for ..... at ....... Reset for ..... at ....... Reset for ..... at .......\nand to have with you all books, papers, and witnesses needed by you to establish your defense to the claim. You are further notified that in case you do not appear, judgment will be taken against you by default for the relief demanded in the complaint and for costs of this action, including costs of service of the complaint and order of the court/notice to defendant.\nYou are further notified that within 10 days of service upon you of this complaint and order you may remove this action from the small claims court to justice's court and that your failure to remove constitutes a waiver of your rights to trial by jury and to representation by counsel.\nTo the Sheriff, Constable, or Server of Process of the county, greetings:\nMake legal service and return on the defendant at .....\nDated this .... day of ..........., 20...\n...........................\nJustice of the peace\nBy: .......\nClerk, small claims division","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT","Part 6. Procedure Before Trial"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0060/section_0020/0250-0350-0060-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:18Z","sha256":"c08b250f8c27eb3e7073607048a13940cb984065b7df1402116e9900f70b119c","source_id":"us-mt","stale":false,"prev":"us-mt/25-35-601","next":"us-mt/25-35-603"},"notice":"GroundRules: Original legal text. Not legal advice."}