Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 31. PROCEDURE IN JUSTICES' COURTS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 25-31-101 (2026)

Issues Which Cannot Be Presented In Justice's Court

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 31
  4. Part 1
  5. 25-31-101 Issues which cannot be presented in justice's court

TITLE 25. CIVIL PROCEDURE

CHAPTER 31. PROCEDURE IN JUSTICES' COURTS

Part 1. General Provisions

Issues Which Cannot Be Presented In Justice's Court

25-31-101. Issues which cannot be presented in justice's court. (1) The parties to an action in a justice's court cannot give evidence upon any question which involves the title or possession of real property or the legality of any tax, impost, assessment, toll, or municipal fine, nor can any issue presenting such question be tried by such court; provided that, in cases of forcible entry and unlawful detainer of which justices' courts have jurisdiction, any evidence otherwise competent may be given, and any question properly involved therein may be determined.

(2) A justice's court may not hear evidence on or try any issue involving the state's liability to make a payment of money, regardless of the basis of the claim against the state.

History: En. Sec. 593, Bannack Stat.; re-en. Sec. 699, p. 176, Cod. Stat. 1871; re-en. Sec. 759, 1st Div. Rev. Stat. 1879; re-en. Sec. 779, 1st Div. Comp. Stat. 1887; en. Sec. 1486, C. Civ. Proc. 1895; re-en. Sec. 6992, Rev. C. 1907; re-en. Sec. 9625, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 838; re-en. Sec. 9625, R.C.M. 1935; R.C.M. 1947, 93-6607(part); amd. Sec. 4, Ch. 409, L. 1979.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2006–2024 · leading case: Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
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Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. · cites it 5× “Mont. Code Ann. § 25-31-101 (1). In such matters, the Justice must suspend all further proceedings in the action and certify the pleadings from his docket to the clerk of the district court of the county.”
Wise v. Polejewski, 2013 MT 351N. · cites it 5× “They argue that Pam could not raise arguments in justice court about title, the condition of the property, and whether the Wises dealt with her in good faith, as these were beyond the jurisdiction of the justice court, pursuant to § 25-31-101, MCA. The Wises further argue that…”
Thompson v. Gallatin Just. Ct., No. OP 24-0493 (Mont. Aug. 27, 2024). · cites it 2× “Likewise here, the court's July 16, 2024 Order constituted a final determination of the rights of parties.”
Thompson v. Gallatin Just. Ct., No. OP 24-0493 (Mont. Aug. 27, 2024). · cites it 2× “Likewise here, the court's July 16, 2024 Order constituted a final determination of the rights of parties.”
Mont. Code Ann. § 25-31-101(1): 3 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “Mont. Code Ann. § 25-31-101 (1). In such matters, the Justice must suspend all further proceedings in the action and certify the pleadings from his docket to the clerk of the district court of the county.”
Thompson v. Gallatin Just. Ct., No. OP 24-0493 (Mont. Aug. 27, 2024). “Likewise here, the court's July 16, 2024 Order constituted a final determination of the rights of parties.”
Thompson v. Gallatin Just. Ct., No. OP 24-0493 (Mont. Aug. 27, 2024). “Likewise here, the court's July 16, 2024 Order constituted a final determination of the rights of parties.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.