Mont. Code Ann. § 25-35-505
Parties -- representation
En. Sec. 5, Ch. 586, L. 1981; amd. Sec. 1, Ch. 213, L. 1985; amd. Sec. 2, Ch. 135, L. 1997; amd. Sec. 1, Ch. 207, L. 1999; amd. Sec. 2, Ch. 189, L. 2017.
- (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state.
- (2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court.
(3)
- (a) Individuals may represent themselves in a small claims court.
- (b) A partnership may be represented by a partner or one of its employees.
- (c) A union may be represented by a union member or union employee.
- (d) A corporation may be represented by one of its directors, officers, or employees.
- (e) Except as provided in 35-8-301, a limited liability company as defined in 35-8-102 may be represented by a member with a majority interest in the limited liability company.
- (f) An association may be represented by one of its members or by an employee of the association.
- (g) Any other kind of organization or entity may be represented by one of its members or employees.
- (4) Except as provided in subsection (5), only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court.
- (5) A party may not file an assigned claim in the small claims court unless it has been assigned pursuant to 27-1-718.
- (6) Except for claims under 27-1-718, a party may not file more than 10 claims in any calendar year.
- (7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the small claims court.
History: En. Sec. 5, Ch. 586, L. 1981; amd. Sec. 1, Ch. 213, L. 1985; amd. Sec. 2, Ch. 135, L. 1997; amd. Sec. 1, Ch. 207, L. 1999; amd. Sec. 2, Ch. 189, L. 2017.