25-35-602. Form of complaint and order of court/notice to defendant. The sworn complaint and order of the court shall be made on a blank substantially in the following form:
          IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'S COURT OF ................. COUNTY, MONTANA BEFORE ................., JUSTICE OF THE PEACE

            ......
     
     ......     
     Plaintiff     
     vs.     Complaint
     ......     Case No. .....
     ......     
     Defendant(s)     
     
     ......
     Comes now the plaintiff, being first duly sworn, upon oath, and complains and alleges that defendant is indebted to plaintiff in the sum of $......, for...... ...... ......
     which sum is now due, owing, and unpaid despite demands for the payment thereof, together with plaintiff's costs herein expended.
     Dated this ...... day of .............., 19....
     
     ......
     Plaintiff
     ......
     Plaintiff's address
     
     
     Subscribed and sworn to before me this ...... day of ........., 19....
     
     ......
     Justice of the peace
     By:......
     Clerk, small claims division
     
     
          ORDER OF COURT/ NOTICE TO DEFENDANT

     THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT(S):
     You are hereby directed to appear and answer the within and foregoing complaint at:
          
            ......
            ......
            on ...... at .......
            Reset for ...... at .......
            Reset for ...... at .......
            Reset for ...... at .......
     
     and to have with you, then and there, all books, papers, and witnesses needed by you to establish your defense to the claim; and 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.
     You are hereby 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 shall constitute a waiver of your rights to trial by jury and to representation by counsel.
     To the Sheriff, Constable, or Server of Process of said county, greetings:
     Make legal service and due return thereof on the defendant at ......
     Dated this .... day of ..........., 19....
     
     ......
     Justice of the peace
     By:......
     Clerk, small claims division
     

     History: En. Sec. 7, Ch. 586, L. 1981; amd. Sec. 13, Ch. 3, L. 1985.