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Jurisdiction of the Justice Court The Yellowstone County Justice Court handles misdemeanor offenses, civil cases for damages up to $7,000, civil cases for recovery of personal property which value does not exceed $7,000, small claims valued up to $3,000, landlord/tenant disputes, local ordinances, forcible entry and unlawful detainer, protection orders, certain issues involving juveniles, and other matters. It 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 ACH/electronic check transfers. There is no additional convenience or service fee for this service. Additionally, we also accept these payments by credit card. There is a convenience fee (3.0% of the amount paid) for the credit card service. To utilize this service you will need your ticket or citation number. You can obtain this number by calling the Clerk of Justice Court Offices (406) 256-2895. 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 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 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) 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 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 How to obtain an Order of Protection The Office of Victim Services provides forms for obtaining a temporary order of protection. You may download the forms here. Information and Form Links
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. |