25-35-602. Form of complaint and order of court/notice to defendant. The sworn complaint and order of the court must be made in substantially 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 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.
Dated this ...... day of .............., 20...
.........................
Plaintiff
.........................
Plaintiff's address
Subscribed and sworn to before me this ...... day of ........., 20...
.........................
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 directed to appear and answer the complaint at:
.................... .................... on ..... at ....... Reset for ..... at ....... Reset for ..... at ....... Reset for ..... at .......
and 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.
You 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.
To the Sheriff, Constable, or Server of Process of the county, greetings:
Make legal service and return on the defendant at .....
Dated this .... day of ..........., 20...
...........................
Justice of the peace
By: .......
Clerk, small claims division
History: En. Sec. 7, Ch. 586, L. 1981; amd. Sec. 13, Ch. 3, L. 1985; amd. Sec. 60, Ch. 51, L. 1999.
