Montana Code 25-31-101. Issues which cannot be presented in justice’s court
25-31-101. Issues which cannot be presented in justice’s court. (1) The parties to an action in a justice’s court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such court; provided that, in cases of forcible entry and unlawful detainer of which justices’ courts have jurisdiction, any evidence otherwise competent may be given, and any question properly involved therein may be determined.
Terms Used In Montana Code 25-31-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A justice’s court may not hear evidence on or try any issue involving the state‘s liability to make a payment of money, regardless of the basis of the claim against the state.