Montana Statutes
§ 25-35-603 — Hearing Date
Montana·Title 25 CIVIL PROCEDURE·Ch. 35 SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT·Part 6 Procedure Before Trial
25-35-603 . Hearing date. The date for the appearance of the defendant to be set forth in the order must be determined by the justice of the peace or by the justice's clerk and may not be more than 40 or less than 10 days from the date of the order. Service of the order and a copy of the sworn complaint must be made upon the defendant not less than 5 days prior to the date set for the defendant's appearance by the order. If the order is not timely served, the plaintiff may have a new appearance date set by the justice of the peace or the justice's clerk and a new order issued and delivered to the sheriff, constable, or other process server. If necessary, repeated orders may be issued at any time within 1 year after the commencement of the action.
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Legislative History
En. Sec. 8, Ch. 586, L. 1981; amd. Sec. 511, Ch. 56, L. 2009.
Nearby Sections
15
§ 25-35-101
Repealed§ 25-35-102
Repealed§ 25-35-103
Repealed§ 25-35-104
Repealed§ 25-35-105
Repealed§ 25-35-201
Repealed§ 25-35-202
Repealed§ 25-35-203
Repealed§ 25-35-204
Repealed§ 25-35-205
Repealed§ 25-35-206
Renumbered 25-35-212§ 25-35-207
Renumbered 25-35-213§ 25-35-208
Through 25-35-210 Reserved§ 25-35-211
Repealed§ 25-35-212
Repealed