25-35-606. Defendant's counterclaim.

     25-35-606. Defendant's counterclaim. (1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff's claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). The defendant shall cause the counterclaim to be served on the plaintiff not less than 72 hours before the date set for the hearing. Service must be made in the same manner in which service of the order of court/notice to defendant is made on the defendant. A defendant may not assert as a counterclaim any claim not arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim.
     (2) A counterclaim or setoff may not exceed $6,500. If a counterclaim or setoff is asserted in excess of $6,500, the jurisdiction of the small claims court over the plaintiff's claim is not defeated, but the court shall limit its determination of the counterclaim or setoff to the question of whether the plaintiff's claim is discharged, leaving the defendant to prosecute the balance of the defendant's claim in an appropriate justice or district court action.
     (3) The counterclaim 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. Counterclaim
     ..................... Case No. .....
     .....................
      Defendant(s)
     .................................................................
     Comes now the defendant, being first duly sworn, and alleges that the defendant is entitled to counterclaim against the plaintiff in the plaintiff's pending action in the sum of $........., for .............................. .................................................................
     which sum is now due, together with defendant's costs expended in this action.
     Dated this ...... day of .............., 20...
     ....................
     Defendant
     ......................
     Defendant's address
     Subscribed and sworn to before me this..... day of.........., 20...
     .......................
     Justice of the peace
     By: .................
     Clerk, small claims division

History: En. Sec. 11, Ch. 586, L. 1981; amd. Sec. 8, Ch. 438, L. 1989; amd. Sec. 61, Ch. 51, L. 1999; amd. Sec. 7, Ch. 284, L. 2011.