TITLE 25. CIVIL PROCEDURE

CHAPTER 23. MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE

Part 1. Rules

Commencement Of Action

Rule 2. Commencement of action.

(a) A civil action is begun by filing a complaint with the justice or city court. A concise written statement of the cause of action is considered a complaint. A person as defined in Rule 4(A)(1) may file individually or through an attorney. All others, as defined in Rules (4)(A) 2, 3, 4, and 5, must file through an attorney. The individual or the attorney must sign the complaint. Other requirements for the complaint are set out in Rule 7.

(b) Filing Fees.

Before a complaint will be filed and an action commenced, the plaintiff must pay the filing fee specified by statute. However, indigent parties may request a waiver of this requirement as set forth in M.C.A. 25-10-404 and, if the waiver is granted, may proceed without prepaying the filing fee.

History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. and renum. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.