Montana § 3-5-313 Removal To District Court

Montana Statutes

§ 3-5-313 — Removal To District Court

Montana·Title 3 JUDICIARY, COURTS·Ch. 5 DISTRICT COURTS·Part 3 District Court Jurisdiction

3-5-313 . Removal to district court.

(1)A party desiring to remove a civil action from a justice's court, a municipal court, a city court, or the small claims division of a justice's court shall file in the district court of the judicial district in which the action is pending a notice of removal containing a short and plain statement of the grounds for removal with a copy of the summons and any complaints served on the party in the action.

(2)Civil actions or proceedings may be removed for the following reasons:

(a)the amount in controversy exceeds the $15,000 jurisdictional limit for justices' courts provided in 3-10-301 and applied to municipal courts in 3-6-103 ; or

(b)the civil action or proceeding filed in a justice's court, a municipal court, a city court, or the small claims di

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3-5-313 . Removal to district court. (1) A party desiring to remove a civil action from a justice's court, a municipal court, a city court, or the small claims division of a justice's court shall file in the district court of the judicial district in which the action is pending a notice of removal containing a short and plain statement of the grounds for removal with a copy of the summons and any complaints served on the party in the action.
(2) Civil actions or proceedings may be removed for the following reasons:
(a) the amount in controversy exceeds the $15,000 jurisdictional limit for justices' courts provided in 3-10-301 and applied to municipal courts in 3-6-103 ; or
(b) the civil action or proceeding filed in a justice's court, a municipal court, a city court, or the small claims division of a justice's court arose out of the same transaction or occurrence as a civil action or proceeding pending in district court.
(3) (a) Promptly after the filing of a notice of removal of a civil action or proceeding, the party shall give written notice to all parties and shall file a copy of the notice with the clerk of the district court in which the civil action or proceeding is to be tried.
(b) The notice of removal effectuates the removal, and the justice's court, municipal court, city court, or small claims division of a justice's court may not proceed any further unless the case is remanded.
(c) On receiving notice of removal, the justice's court, municipal court, city court, or small claims division of a justice's court shall transmit the pleadings and all papers in the action to the clerk of the district court immediately.
(4) If a party believes the removal is improper, the party shall file a motion to remand within 20 days of service of the notice of removal.
(5) A party who files a notice to remove a civil action to district court under this section shall pay all costs and fees of filing the papers in the district court pursuant to 25-1-201 .

Montana § 3-5-313 (Removal To District Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.