Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 10. JUSTICES' COURTS · Part 3. Jurisdiction of Justices' Courts
Montana Code Annotated

Mont. Code Ann. § 3-10-301 (2026)

Civil Jurisdiction

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 10
  4. Part 3
  5. 3-10-301 Civil jurisdiction

TITLE 3. JUDICIARY, COURTS

CHAPTER 10. JUSTICES' COURTS

Part 3. Jurisdiction of Justices' Courts

Civil Jurisdiction

3-10-301. Civil jurisdiction. (1) Except as provided in 3-11-103 and in subsection (2) of this section, the justices' courts have jurisdiction:

(a) in actions arising on contract for the recovery of money only if the sum claimed does not exceed $15,000, exclusive of court costs and attorney fees;

(b) in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for taking, detaining, or injuring personal property or for injury to real property when no issue is raised by the verified answer of the defendant involving the title to or possession of the real property;

(c) in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for injury to the person, except that, in actions for false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of paternity, and abduction, the justice of the peace does not have jurisdiction;

(d) in actions to recover the possession of personal property if the value of the property does not exceed $15,000;

(e) in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or an ordinance of an incorporated city or town when no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine;

(f) in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or assessed by an order of a conservation district for violation of Title 75, chapter 7, part 1;

(g) in actions upon bonds or undertakings conditioned for the payment of money when the sum claimed does not exceed $15,000, though the penalty may exceed that sum;

(h) to take and enter judgment for the recovery of money on the confession of a defendant when the amount confessed does not exceed $15,000, exclusive of court costs and attorney fees;

(i) to issue temporary restraining orders, as provided in 40-4-121, and orders of protection, as provided in Title 40, chapter 15;

(j) to issue orders to restore streams under Title 75, chapter 7, part 1, or to require payment of the actual cost for restoration of a stream if the restoration does not exceed $15,000.

(2) Justices' courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.

History: En. Sec. 546, p. 150, Bannack Stat.; amd. Sec. 655, p. 167, Cod. Stat. 1871; re-en. Sec. 715, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 46, L. 1883; re-en. Sec. 735, 1st Div. Comp. Stat. 1887; amd. Sec. 66, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 76, L. 1907; re-en. Sec. 6286, Rev. C. 1907; re-en. Sec. 8840, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 112; re-en. Sec. 8840, R.C.M. 1935; amd. Sec. 11, Ch. 420, L. 1975; amd. Sec. 26, Ch. 344, L. 1977; R.C.M. 1947, 93-408; amd. Sec. 24, Ch. 21, L. 1979; amd. Sec. 3, Ch. 409, L. 1979; amd. Sec. 1, Ch. 348, L. 1981; amd. Sec. 1, Ch. 208, L. 1989; amd. Sec. 1, Ch. 307, L. 1991; amd. Sec. 1, Ch. 350, L. 1995; amd. Sec. 4, Ch. 393, L. 1999; amd. Sec. 1, Ch. 470, L. 2003; amd. Sec. 6, Ch. 130, L. 2005; amd. Sec. 1, Ch. 284, L. 2011; amd. Sec. 1, Ch. 331, L. 2021.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1986–2024 · 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 16× “” The court dismissed without prejudice Lemire’s malicious prosecution counterclaim as beyond the court’s jurisdiction (see § 3-10-301(l)(c), MCA; Montana Justice and City Court Rules of Civil Procedure 7C(1)); however, with respect to Lemire’s assertion that her counterclaims…”
State v. Kempin, 2001 MT 313, 38 P.3d 859. · cites it 4× “See § 3-10-301, MCA. They can decide criminal matters involving misdemeanors punishable by six months in prison or a fine of up to $1000 in the case of fish and game violations.”
Whirry v. Swanson, 836 P.2d 1227 (Mont. 1992). · cites it 4× “Pursuant to § 3-10-301(1)(c), MCA, justice courts, at the time that this case was litigated, could not consider claims based on injury to the person where the amount in dispute exceeded $3500.”
Alto Jake Holdings, LLC v. Donham, 2017 MT 297, 406 P.3d 937. · cites it 3× “Section 3-10-301, MCA. The jurisdictional limits specified by § 3- *448 10-301, MCA, are express limits on the subject matter jurisdiction of justice courts.”
Bugger v. McGough, 2006 MT 248, 144 P.3d 802. · cites it 2× “Thus, the $7,000 limit to justice court actions provided in § 3-10-301(l)(a), MCA, does not apply and the District Court’s award of $20,479.”
State v. W. Grussing, 2022 MT 76, 507 P.3d 1152. · cites it 2× “The statute notably uses the term “geographic jurisdiction,” not “civil jurisdiction” (defined in § 3-10-301, MCA) or “criminal jurisdiction” (defined in § 3-10-303, MCA).”
Hammer v. Just. Court, 720 P.2d 281 (Mont. 1986). · cites it 3× “Section 3-10-301, MCA. We hold that the plain meaning of the constitution controls and that the legislative enactment of Section 3-15-203, MCA, restricts the inviolate right to jury trials in justice court.”
City of Billings v. Panasuk, 833 P.2d 1050 (Mont. 1992). · cites it 6× “§ 25-31-102, MCA, § 3-10-301, MCA, Rule 4(B)(1)(c), M.R.Civ.”
Abraham v. Hull & Swingley, 2020 MT 254N. · cites it 2× “A justice’s court generally has jurisdiction to enter civil judgments for damages not exceeding $12,000, § 3-10-301(1), MCA, and reversal or modification of such judgments may only occur through appeal to a district court.”
Hansell v. Waddell, 2009 MT 54. · cites it 3× “Section 3-10-301(1)(b), MCA. However, when the Justice Court dismissed Hansell's action, the proceeding ended.”
Hammer v. Just. Court of Lewis, No. 85-208 (Mont. June 10, 1986). · cites it 3× “Section 3-10-301, MCA. We hold that the plain meaning of the constitution controls and that the legislative enactment of S; 3-15-203, MCA, restricts the inviolate right to jury trials in justice court.”
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. We also recognized in Stanley, however, that "questions of title to real property shall not be decided by the justices' courts.”
Show all 13 citing cases →
Mont. Code Ann. § 3-10-301(1): 2 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “” The court dismissed without prejudice Lemire’s malicious prosecution counterclaim as beyond the court’s jurisdiction (see § 3-10-301(l)(c), MCA; Montana Justice and City Court Rules of Civil Procedure 7C(1)); however, with respect to Lemire’s assertion that her counterclaims…”
Abraham v. Hull & Swingley, 2020 MT 254N. “A justice’s court generally has jurisdiction to enter civil judgments for damages not exceeding $12,000, § 3-10-301(1), MCA, and reversal or modification of such judgments may only occur through appeal to a district court.”
Mont. Code Ann. § 3-10-301(1)(b): 3 cases
Hansell v. Waddell, 2009 MT 54. “Section 3-10-301(1)(b), MCA. However, when the Justice Court dismissed Hansell's action, the proceeding ended.”
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. We also recognized in Stanley, however, that "questions of title to real property shall not be decided by the justices' courts.”
Thompson v. Gallatin Just. Ct., No. OP 24-0493 (Mont. Aug. 27, 2024).
Mont. Code Ann. § 3-10-301(1)(c): 1 case
Whirry v. Swanson, 836 P.2d 1227 (Mont. 1992). “Pursuant to § 3-10-301(1)(c), MCA, justice courts, at the time that this case was litigated, could not consider claims based on injury to the person where the amount in dispute exceeded $3500.”
Mont. Code Ann. § 3-10-301(2): 1 case
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “” The court dismissed without prejudice Lemire’s malicious prosecution counterclaim as beyond the court’s jurisdiction (see § 3-10-301(l)(c), MCA; Montana Justice and City Court Rules of Civil Procedure 7C(1)); however, with respect to Lemire’s assertion that her counterclaims…”
Mont. Code Ann. § 3-10-301(l)(a): 1 case
Bugger v. McGough, 2006 MT 248, 144 P.3d 802. “Thus, the $7,000 limit to justice court actions provided in § 3-10-301(l)(a), MCA, does not apply and the District Court’s award of $20,479.”
Mont. Code Ann. § 3-10-301(l)(b): 2 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “” The court dismissed without prejudice Lemire’s malicious prosecution counterclaim as beyond the court’s jurisdiction (see § 3-10-301(l)(c), MCA; Montana Justice and City Court Rules of Civil Procedure 7C(1)); however, with respect to Lemire’s assertion that her counterclaims…”
City of Billings v. Panasuk, 833 P.2d 1050 (Mont. 1992). “§ 25-31-102, MCA, § 3-10-301, MCA, Rule 4(B)(1)(c), M.R.Civ.”
Mont. Code Ann. § 3-10-301(l)(c): 2 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “” The court dismissed without prejudice Lemire’s malicious prosecution counterclaim as beyond the court’s jurisdiction (see § 3-10-301(l)(c), MCA; Montana Justice and City Court Rules of Civil Procedure 7C(1)); however, with respect to Lemire’s assertion that her counterclaims…”
Whirry v. Swanson, 836 P.2d 1227 (Mont. 1992). “Pursuant to § 3-10-301(1)(c), MCA, justice courts, at the time that this case was litigated, could not consider claims based on injury to the person where the amount in dispute exceeded $3500.”
Mont. Code Ann. § 3-10-301(l)(h): 1 case
City of Billings v. Panasuk, 833 P.2d 1050 (Mont. 1992). “§ 25-31-102, MCA, § 3-10-301, MCA, Rule 4(B)(1)(c), M.R.Civ.”
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