Current as of April 27, 2021 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
The sworn complaint and order of the court must be made in substantially the following form:
․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
|
Plaintiff |
|
vs. |
Complaint |
․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
Case No. ․․․․ |
․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ |
|
Defendant(s) |
Comes now the plaintiff, being first duly sworn, upon oath, and complains and alleges that the defendant is indebted to plaintiff in the sum of $․․․․, for ․․․․ which sum is now due, owing, and unpaid despite demands for the payment of the sum, together with plaintiff's costs expended in this action.
Dated this ․․․․ day of ․․․․, 20․․․․
Subscribed and sworn to before me this ․․․․ day of ․․․․, 20․․․․
THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT(S):
You are directed to appear and answer the complaint at:
and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim. You are further notified that in case you do not appear, judgment will be taken against you by default for the relief demanded in the complaint and for costs of this action, including costs of service of the complaint and order of the court/notice to defendant.
You are further notified that within 10 days of service upon you of this complaint and order you may remove this action from the small claims court to justice's court and that your failure to remove constitutes a waiver of your rights to trial by jury and to representation by counsel.
To the Sheriff, Constable, or Server of Process of the county, greetings:
Make legal service and return on the defendant at ․․․․
Dated this ․․․․ day of ․․․․, 20․․․․
Cite this article: FindLaw.com - Montana Title 25. Civil Procedure § 25-35-602. Form of complaint and order of court/notice to defendant - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-code-ann-sect-25-35-602/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.