§ 3-10-301 — Civil Jurisdiction

Montana § 3-10-301

• Jurisdiction: Montana
• Title 3: JUDICIARY, COURTS
• Ch. 10: JUSTICES' COURTS
• Part 3: Jurisdiction of Justices' Courts

Text

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:
(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.

Legislative History

En. Sec. 546, p. 150, Bannack Stat.; amd. Sec. 655, p. 167, Cod. Stat. 1871; re-en. Sec. 715, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 46, L. 1883; re-en. Sec. 735, 1st Div. Comp. Stat. 1887; amd. Sec. 66, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 76, L. 1907; re-en. Sec. 6286, Rev. C. 1907; re-en. Sec. 8840, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 112; re-en. Sec. 8840, R.C.M. 1935; amd. Sec. 11, Ch. 420, L. 1975; amd. Sec. 26, Ch. 344, L. 1977; R.C.M. 1947, 93-408; amd. Sec. 24, Ch. 21, L. 1979; amd. Sec. 3, Ch. 409, L. 1979; amd. Sec. 1, Ch. 348, L. 1981; amd. Sec. 1, Ch. 208, L. 1989; amd. Sec. 1, Ch. 307, L. 1991; amd. Sec. 1, Ch. 350, L. 1995; amd. Sec. 4, Ch. 393, L. 1999; amd. Sec. 1, Ch. 470, L. 2003; amd. Sec. 6, Ch. 130, L. 2005; amd. Sec. 1, Ch. 284, L. 2011; amd. Sec. 1, Ch. 331, L. 2021.