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Yellowstone County Justice Court

Finalized Justice Court Local Rules
Bond Book
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Jurisdiction of the Justice Court

The Yellowstone County Justice Court is divided into three divisions.     The criminal division handles traffic, fish and game violations, misdemeanor offenses, alcohol involving juveniles, and preliminary hearings.  

The civil division handles actions involving personal or property damages, contract disputes, recovery of personal property, interpleader, local ordinances, protection orders, forcible entry, unlawful detainer, and landlord/tenant disputes. The amount in controversy, or the value of the property, cannot exceed $12,000.00.

The small claims division handles contracts involving the recovery of money, recovery specific personal property, and interpleader. The amount in controversy, or the value of the property, cannot exceed $7,000.00. Counterclaims cannot exceed $6,500.00.

The justice court does not handle disputes involving false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of paternity, and abduction. The justice court does not have jurisdiction which involves the title or possession of real property or the legality of any tax.

 

Pay Justice Court Tickets and Fees Online

Yellowstone County has the ability to accept payment of Justice Court fines, fees, time payments and bond forfeitures online by credit/debit card. There is a convenience fee of 5% of the amount paid for credit/debit card services. To utilize this service you will need your ticket or citation number. If you do not know the number, you can obtain it by calling Justice Court offices at (406)256-2998.

Pay tickets, fees and restitution online.

Justice Court Rules

Procedure in the justice court is governed by the "Justice and City Court Civil Rules" and the "Uniform Justice and City Court Rules". Failure to follow the court rules my result in the failure to properly prosecute or defend an action in justice court. Links to the rules are below:

Justice and City Court Civil Rules
Uniform Justice and City Court Rules

Small Claims Division procedure is not governed by the same rules as other civil actions. Small Claims actions are governed by statute. Links to the statutes are below:

Small Claims Division - Jurisdiction
Small Claims Procedure - Justice Court

Consult the rules or statutes before making a motion or requesting a continuance. A form for a motion or continuance is provided for your convenience.

Motion Form (Word)
Motion Form (Adobe .pdf)

Representation by an Attorney

Parties in justice court have the right to represent themselves or be represented by an attorney. In small claims action there are no attorneys allowed unless all parties are represented by an attorney.

In civil actions an attorney is not provided to a party, but must be hired by the party. In some instances a party can not proceed without an attorney. Consult the justice court rules to see if you need an attorney. Read “Representation in Justice Court” for questions and answers concerning representation in justice court civil actions. Click here for “Representation in Justice Court” (Adobe .pdf file).

In criminal actions a party has the right to an attorney at every stage of the court proceedings. If unable to hire an attorney and qualified under §47-1-111, MCA, a public defender would be appointed to represent the party. Click here for §47-1-111, MCA.

Designation and Capacity of Parties

The designation and capacity of parties in civil actions and small claims actions are governed by the rules and statute. Both the rules and statutes should be consulted. Links to statutes governing the designation and capacity of parties are below:

Designation of Parties
Capacity to be a Party - Joinder
Liability of Joint Debtors
Minor or Incompetent Party - When guardian necessary
Guardian Ad Litem

The court clerks can not give legal advice on designation and capacity of parties in civil actions. If you have any questions concerning designation and capacity of parties in justice court or small claims court consult a licensed attorney before filing your complaint or answer with the justice court or small claims division.

Justice Court Forms

These forms are provided on line for your convienence. The forms can be downloaded for submission to the court. Forms cannot be submitted online-they must be printed and filled out manually. Please follow any instructions carefully.

The clerks of the justice court can not provide you with legal advice. It is recommended that if you have any questions that you consult an attorney before filing with the court.

Civil Plaintiff Forms
Civil Defendant Forms
Small Claims Court Forms
Landlord Tenant Forms

How to obtain an Order of Protection

The Department of Justice Victim Services provides forms for obtaining a temporary order of protection.

Information and Form Links

Montana Courts
Montana Department of Justice
Montana Laws (MCA 2011)
Montana Legal Services Association
Montana Law Help
Montana Supreme Court Self-Help Law Program
State Law Library of Montana
Department of Justice Victim Services

 

While the Justice Court clerks are pleased to assist you in any way possible, please understand that we are unable to provide legal advice. If you need legal advice or have questions, please contact an attorney.

Any questions or comments regarding the web site may be directed to the webmistress.