3-10-301. Civil jurisdiction. (1) Except as provided in 3-11-103 and in subsection (2) of this section, the justices’ courts have jurisdiction:

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Terms Used In Montana Code 3-10-301

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • Statute: A law passed by a legislature.

(a)in actions arising on contract for the recovery of money only if the sum claimed does not exceed $15,000, exclusive of court costs and attorney fees;

(b)in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for taking, detaining, or injuring personal property or for injury to real property when no issue is raised by the verified answer of the defendant involving the title to or possession of the real property;

(c)in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for injury to the person, except that, in actions for false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of paternity, and abduction, the justice of the peace does not have jurisdiction;

(d)in actions to recover the possession of personal property if the value of the property does not exceed $15,000;

(e)in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or an ordinance of an incorporated city or town when no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine;

(f)in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or assessed by an order of a conservation district for violation of Title 75, chapter 7, part 1;

(g)in actions upon bonds or undertakings conditioned for the payment of money when the sum claimed does not exceed $15,000, though the penalty may exceed that sum;

(h)to take and enter judgment for the recovery of money on the confession of a defendant when the amount confessed does not exceed $15,000, exclusive of court costs and attorney fees;

(i)to issue temporary restraining orders, as provided in 40-4-121, and orders of protection, as provided in Title 40, chapter 15;

(j)to issue orders to restore streams under Title 75, chapter 7, part 1, or to require payment of the actual cost for restoration of a stream if the restoration does not exceed $15,000.

(2)Justices’ courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.