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.