This dated narrative contains pending corrections. Read the notes, then expand the original text.
S_MT PASS-13 — Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur
Fresh research session: October 26, 2026, Pacific / October 26, 2026, UTC
Actual model/mode: GPT-5.6 Sol Pro, regular Chat
Relationship to earlier work: Distinct civil-procedure component. P6–P12 are not treated as accepted premises merely because they are saved. This is not an independent review.
Component status: PARTIAL. Montana’s ordinary court routes, monetary limits, venue, commencement, principal service methods, response deadlines, computation rules, default requirements, and principal set-aside procedures are established. The live conflict between the two-year service statute and three-year District Court rule, small-claims default-vacatur procedure, several local filing practices, actual service facts, and all substantive proof and postjudgment enforcement remain held.
I. Executive findings
- Montana District Court has general original civil jurisdiction and no ordinary monetary ceiling. Justice Court generally may hear contract, debt, note, and account claims up to $15,000, excluding costs and attorney fees. City and Municipal Courts use the corresponding limited-jurisdiction route for ordinary private civil claims. Small Claims Court is a Justice Court division limited to $7,000, excluding costs, and the defendant must be servable in the filing county. Montana Code Annotated+3
- Small Claims is not an ordinary debt-buyer forum. The claimant generally must have been a party to the transaction with the defendant. Assigned claims are barred except for the narrow statutory shoplifting-assignment exception. Small Claims also limits ordinary claimants to ten filings per calendar year. Montana Code Annotated
- A District Court complaint starts the action when filed, but filing is not service. Personal jurisdiction ordinarily requires valid service, a valid acknowledgment or waiver route, or a legally sufficient appearance. Actual knowledge of the suit does not cure defective service. Montana Code Annotated+1
- District Court uses a 21-day response period; Justice, City, and ordinary Municipal Court use 20 days. Small Claims does not use a conventional written answer deadline: the defendant is ordered to appear and answer at a hearing set 10–40 days after the order, with service at least five days before the hearing. Montana Code Annotated+4
- Initial service by email, text message, or an e-filing notification is not a general Montana service method. District Rule 5 electronic service applies to later papers and requires written consent; it does not replace Rule 4 service of the original summons and complaint. Merely listing an email address does not itself constitute consent. Montana Code Annotated+1
- Montana’s mail route is an acknowledgment route, not “mail it and service is done.” In District Court, the sender uses first-class mail, two acknowledgment forms, and a prepaid return envelope. Service is complete when the defendant signs the acknowledgment. If it is not returned within 21 days, personal service is required. Justice/City Court has a parallel route with a 20-day return period. Montana Code Annotated+1
- A missed deadline does not itself create a judgment or asset seizure. The plaintiff first must obtain entry of default. A clerk may enter a default judgment only for a sum certain or mechanically computable sum against a nonappearing adult who is not incompetent. Other damages require the court, which may demand evidence or a hearing. A default judgment may not differ in kind from or exceed the amount demanded. Montana Code Annotated+1
- An appearing defendant receives additional District Court protection. A party who has appeared must receive written notice of a default-judgment application at least seven days before the hearing. Montana’s 2026 Bradley decision held that the court may not enter judgment before that seven-day period expires merely because no hearing was scheduled. Montana Code Annotated+3
- Default entry and default judgment have different set-aside standards. Entry of default uses a flexible “good cause” analysis. Relief from a final District Court default judgment proceeds under Rule 60. Excusable-neglect relief requires diligence, excusable neglect, injury if the judgment remains, and a meritorious defense. A judgment entered without personal jurisdiction may instead be void. Montana Code Annotated+5
- Justice/City Court has a much shorter ordinary set-aside route. Relief for mistake, inadvertence, surprise, or excusable neglect must be sought within 30 days after judgment, supported by an affidavit showing good cause, with a hearing set within ten days after receipt. The rule does not expressly resolve the separate procedure for a jurisdictionally void judgment. Montana Code Annotated
- There is a current unresolved District Court service-period conflict. MCA §25-3-107 says service must be completed within two years after filing. District Rule 4(t) says three years. The Montana Supreme Court expressly flagged the conflict in Estate of Athy in 2026 but did not resolve it. No definitive ordinary-debt terminal service date is stated here. Montana Code Annotated+2
- The current statutory filing fees are not the amounts printed in some older summons and guide files. District Court currently charges $90 to commence and $60 for a defendant’s appearance. Justice Court charges $40 to file and $20 for a defendant’s appearance. Small Claims charges $20 to file and $10 for an appearance or counterclaim. A fee-waiver request requires the statutory affidavit and financial statement. Montana Code Annotated+3
II. Court and route matrix
| Court or route |
Ordinary unsecured debt jurisdiction |
Entry mechanism |
Representation and assignment boundaries |
Principal response mechanism |
| District Court |
General original jurisdiction over ordinary civil claims; no ordinary monetary ceiling |
File complaint; clerk issues summons on request |
Real party in interest must prosecute. Corporations and LLCs generally must use licensed counsel, subject to limited cure/relating-back principles |
Written answer ordinarily due 21 days after service, or a timely Rule 12 motion |
| Justice Court |
Contract, debt, note, and account claims generally up to $15,000, excluding costs and attorney fees |
File complaint; judge or clerk issues summons |
Individuals may appear personally. Statute permits broad representation, but entities are generally subject to counsel rules and the narrow majority-interest LLC-member exception |
Written answer due 20 days after service |
| City Court |
Concurrent jurisdiction over the civil proceedings assigned to Justice Court; separate city-interest statutes do not enlarge an ordinary private-debt claim |
Same Justice/City civil rules |
Same governing Justice/City rule set |
Written answer due 20 days |
| Municipal Court |
Coordinate and coextensive with Justice Court for ordinary private civil claims; separate city-related monetary provisions are not ordinary consumer-debt authority |
Limited-jurisdiction procedure |
Same substantive representation cautions |
Ordinarily follows limited-jurisdiction civil procedure |
| Small Claims division of Justice Court |
Money or specific personal property up to $7,000, excluding costs; defendant must be servable in filing county |
Plaintiff appears before justice or clerk and files sworn complaint; court issues hearing order |
Ordinary assignees cannot sue; claimant generally must have been transaction party. Attorneys only if all parties have attorneys. Entities may appear through specified officers, employees, members, or partners |
Defendant appears and answers at hearing; no ordinary written answer pleading |
| Small Claims removed to Justice Court |
Same controversy, but defendant timely removes within ten days after service |
File notice of removal |
Justice Court rules govern after removal; plaintiff need not replead unless ordered |
Justice Court procedure applies; failure to remove waives jury and attorney representation in Small Claims |
The District Court, Justice Court, Municipal Court, City Court, and Small Claims jurisdictional provisions are separate. A forum-selection clause cannot create subject-matter jurisdiction that the chosen court does not possess. Montana Code Annotated+4
A. Small Claims assignment restriction
Section 25-35-505 says only a natural or legal person who was a party to the transaction with the defendant may ordinarily file and prosecute the claim. Assigned claims are barred except those assigned under §27-1-718. On the text reviewed, an ordinary debt buyer that was not a party to the original transaction cannot use Small Claims merely because it owns the receivable. That restriction does not establish that the assignee cannot sue in District or Justice Court after proving standing and ownership. Montana Code Annotated
B. Real party and entity representation
District Court Rule 17 requires suit in the name of the real party in interest, but prevents immediate dismissal after an objection until a reasonable opportunity to ratify, join, or substitute the proper party has been allowed. That procedural cure does not prove an assignment or establish admissible account evidence. Montana Code Annotated
A corporation or LLC generally cannot appear in District Court through a nonlawyer. H & H Development held that a District Court has discretion to consider whether a later lawyer-signed filing may relate back; it did not authorize routine nonlawyer entity representation. Justia Law
Justice Court has unusual statutory language allowing a person to act as an attorney, subject to limitations, and expressly permits a majority-interest LLC member to represent the LLC when the governing LLC statute’s conditions are satisfied. The 2025 HomeRiver memorandum opinion illustrates that the asserted representative still must prove the qualifying ownership and authority. HomeRiver is noncitable and nonprecedential, so it is not used as controlling authority. Montana Code Annotated+1
III. Venue and forum entry
A. District Court venue
For an ordinary Montana defendant, general District Court venue lies in the county where any defendant resides when the action begins. For a contract claim, venue may also lie where the contract was to be performed. If the contract names a county for performance, that designation controls the statutory performance analysis; otherwise, the court examines where the principal contractual activity necessarily occurs. Montana Code Annotated+1
B. Justice and City Court venue
Justice or City Court venue is always proper where a Montana defendant resides when the complaint is filed. An action for money due on a contract, debt, note, or account may also be brought where payment or the relevant obligation was to be performed. A defendant generally must move on improper venue at least ten days before trial or waive the objection. A dismissal for improper venue is without prejudice, with the special Rule 3 timing consequence described in that rule. Montana Code Annotated
C. Small Claims venue
Small Claims uses the Justice Court venue rules, but separately requires that the defendant be capable of service within the filing county. Montana Code Annotated+1
D. Federal FDCPA venue overlay
When the plaintiff is a federally covered “debt collector” suing a consumer on a covered debt, 15 U.S.C. §1692i generally requires filing:
- Where the consumer signed the contract; or
- Where the consumer resides when the action begins.
For an action enforcing an interest in real property, the statute uses the property’s location. This federal rule does not apply merely because a creditor seeks payment; the actor and debt must satisfy FDCPA coverage. U.S. Code
E. Federal removal boundary
A state civil action may be removed only by a defendant and only where the federal District Court would have had original jurisdiction. The removal statute does not turn an ordinary state-law debt complaint into a removable federal case merely because a federal defense may be asserted. Full removal timing, waiver, remand, and federal-question doctrine are outside this pass. U.S. Code
IV. Commencement and initial service
A. District Court commencement
A District Court action begins when the complaint is filed. The plaintiff must then present the summons for issuance, arrange service, and file proof as required. The summons must identify the court and parties, direct the defendant to respond within the applicable time, give the plaintiff’s or counsel’s contact information, and warn of default. The summons and complaint are served together. Montana Code Annotated+1
Filing and service perform different functions:
- Filing commences the action.
- Valid service or waiver/appearance establishes the court’s authority over the defendant.
- Proof of service documents what occurred.
- Actual notice alone does not replace the legally required method.
Estate of Athy reaffirmed that actual notice does not cure noncompliance with mandatory service requirements. Judicial Document Service
B. District Court service matrix
| Defendant or method |
Operative route |
Completion trigger |
Critical limitation |
| Adult individual in Montana |
Personal delivery to defendant or authorized service agent |
Delivery |
District Rule 4 does not create a general adult “leave it at the house with another resident” route |
| First-class mail with acknowledgment |
Summons and complaint, two Form 18-A notices, prepaid return envelope |
Date defendant signs acknowledgment |
If no signed acknowledgment within 21 days, personal service is required |
| Minor over 14 |
Personal delivery to minor plus copy at usual abode to suitable adult resident, or authorized agent |
Required deliveries |
Both statutory components matter |
| Minor under 14 |
Guardian, parent, caretaker, or court-directed route |
Required delivery/order |
Fact-specific |
| Adjudicated incompetent person |
Guardian; if none, guardian ad litem or court-directed protection |
Required delivery/order |
Court protection required |
| Adult alleged but not adjudged incompetent |
Personal service, subject to protective court orders |
Delivery |
Allegation alone does not substitute guardian service |
| Corporation, partnership, or LLC |
Specified officer, director, manager, member, partner, person in charge of Montana office, registered agent, or authorized agent |
Delivery |
Recipient must fit the rule |
| Out-of-state defendant |
Personal service after due diligence under Rule 4 and sufficient jurisdictional basis |
Delivery |
Out-of-state residence does not eliminate personal-jurisdiction analysis |
| Secretary of State route |
Only where statute and Rule 4 predicates authorize it |
Specified statutory event |
Certified mail used by the Secretary of State is not a generic certified-mail method available in every case |
| Publication |
Narrow property, status, attachment, or similar authorized setting |
Last publication or prescribed event |
Publication alone does not support a personal money judgment without an independent personal-jurisdiction basis |
| Email, text, portal, or e-filing notice |
No general initial-service method identified |
— |
Later-paper electronic service under Rule 5 is distinct |
| Voluntary appearance |
May waive or supply personal-jurisdiction consequences depending on conduct |
Appearance |
Negotiation alone is not assumed to be an appearance |
The District Court service rules are set out in Rule 4. Montana Code Annotated+2
C. Acknowledgment by mail is not automatic mail service
The acknowledgment method requires the recipient’s signature. If the recipient does not return the acknowledgment within 21 days, the sender must use another authorized Rule 4 method. The rule may shift the cost of later personal service where refusal lacked good cause, but it does not treat the original mailing date as service. Montana Code Annotated
The 21-day answer period begins from the date the acknowledgment is signed, not from the date the packet was mailed.
D. Justice and City Court commencement and service
A Justice or City Court action begins by filing a signed complaint. A natural person may file individually or through counsel. Other entities generally must file through counsel under Rule 2, subject to statutory exceptions such as the qualifying majority-interest LLC-member route. Montana Code Annotated+1
Justice/City Rule 4 provides:
- Personal service by sheriff, deputy, constable, or nonparty adult at least 18.
- Personal delivery to an adult defendant or authorized agent.
- Entity service on specified officers, agents, partners, registered agents, or persons in charge.
- A first-class-mail acknowledgment method, including for specified business entities.
- A 20-day period to return the acknowledgment.
- Service completion on the signed acknowledgment date.
- Narrow publication and Secretary of State routes.
- Proof stating the time, date, place, and method. Montana Code Annotated
A certified-mail receipt is not a generic substitute for the rule. Certified mail appears within the specific Secretary of State route and must satisfy that route’s predicates.
E. Small Claims service
The hearing order and sworn complaint must be served by the sheriff, constable, or another process server in the same manner as civil process in Justice Court. Service must be completed at least five days before the hearing. If service is not timely, a new hearing order may issue; repeated orders may issue within one year after commencement. Montana Code Annotated+1
F. Two-year statute versus three-year District Rule
Two current authorities conflict:
| Authority |
Textual limit |
| MCA §25-3-107 |
Service no later than 2 years after filing |
| M. R. Civ. P. 4(t)(1) |
Service within 3 years after filing |
Section 25-3-107 was enacted in 2023. District Rule 4(t) continues to state three years. In Estate of Athy, the Montana Supreme Court quoted the three-year rule and expressly added “But see §25-3-107” and the two-year provision. Because Athy involved a separate six-month medical-malpractice service statute, it did not decide which general period controls. Montana Code Annotated+2
Bounded conclusion: filing commences the case, but no ordinary District Court plaintiff should be described as safely possessing three years to serve. Nor does this pass adjudicate that the two-year statute necessarily supersedes the court rule. The exact terminal service date remains held pending controlling resolution.
For Small Claims, the specific statute allows repeated service orders only within one year after commencement. Montana Code Annotated
V. Later-paper service and electronic filing
District Rule 5 governs pleadings, motions, notices, and other papers after the original complaint. It allows:
- Hand delivery.
- Delivery at office or dwelling under the rule.
- Mail, complete on mailing.
- Clerk delivery where no address is known.
- Electronic service only where the person consented in writing.
- Other consented delivery methods.
The original summons and complaint remain governed by Rule 4, not Rule 5. Montana Code Annotated
Uniform District Court Rule 16 further provides that an email address in a signature block does not, by itself, constitute consent to electronic service. Montana Code Annotated
The official Montana e-filing guide describes electronic filing for represented parties and later e-service through the court system. It does not amend Rule 4 or make a portal notification, email, or text a valid initial summons. The guide is operational material, not an independent service statute. Its older fee examples are not used as current fee authority. Montana Courts+2
VI. Responding to the suit
A. District Court
A defendant ordinarily must serve an answer within 21 days after service of the summons and complaint. A timely Rule 12 motion changes the answer deadline:
- If denied or postponed until trial: answer due 14 days after notice of the ruling.
- If a more-definite-statement motion is granted: answer due 14 days after the new statement is served. Montana Code Annotated
Rule 12 permits pre-answer motions asserting:
- Lack of subject-matter jurisdiction.
- Lack of personal jurisdiction.
- Improper venue.
- Insufficient process.
- Insufficient service.
- Failure to state a claim.
- Failure to join a required party.
Personal jurisdiction, venue, process, and service objections can be waived if omitted from the first Rule 12 motion or responsive pleading. Subject-matter jurisdiction is not waived. Montana Code Annotated
Events that do not independently extend the deadline
Absent a court order, stipulation recognized by the court, or operative procedural rule, none of the following independently suspends or extends the answer period:
- Negotiating with the plaintiff.
- Calling the collector.
- Filing a regulator complaint.
- Sending an FDCPA validation request.
- Filing a CRA or furnisher dispute.
- Promising to pay.
- Making a partial payment.
- Waiting for documents.
- Asking the plaintiff informally to dismiss.
A timely Rule 12 motion changes the deadline because Rule 12 says so. A generic letter or informal discussion does not.
B. Justice, City, and ordinary Municipal Court
The summons directs a defendant to file a written answer and serve a copy on the plaintiff within 20 days after service, excluding the service day. Matters not denied may be treated as admitted. A compulsory counterclaim arising from the same transaction or occurrence and within court jurisdiction must be filed with the answer or may be waived. Montana Code Annotated+1
A pleading filed after the 20 days may still be accepted if no default has been entered. That does not convert the 20-day period into an optional deadline; it creates a narrow late-filing opportunity before default. Montana Code Annotated
A Justice/City Court motion:
- Must ordinarily be written.
- Must state its grounds and requested relief.
- Receives a written opposition within ten days after service.
The motion rule does not automatically suspend the answer deadline. An extension requires court action under Rule 6, based on cause before expiration or excusable neglect after expiration. Montana Code Annotated+1
C. Small Claims
The defendant does not file an ordinary answer pleading. The court order directs the defendant to:
- Appear at the identified hearing.
- Answer the claim there.
- Bring necessary books, papers, and witnesses.
- Understand that nonappearance may result in default.
- Remove the action to Justice Court within ten days after service if the defendant wants the ordinary Justice Court process, a jury, or attorney representation. Montana Code Annotated+1
The hearing date must be:
- At least ten days after the order.
- No more than 40 days after the order.
- At least five days after service on the defendant. Montana Code Annotated
VII. Time computation
A. District Court Rule 6
For a period stated in days:
- Exclude the triggering day.
- Count every following calendar day, including intermediate Saturdays, Sundays, and holidays.
- Include the last day.
- If the last day is Saturday, Sunday, or legal holiday, continue to the next nonholiday weekday.
- If the clerk’s office is inaccessible on the last day, continue to the first accessible nonholiday day.
- Electronic filing ends at midnight in the court’s time zone unless another time applies.
- Other filing ends when the clerk’s office is scheduled to close. Montana Code Annotated
Three additional days are added only when the deadline runs after service made by the specified Rule 5 later-paper methods. The three-day rule does not apply merely because the original summons was mailed through Rule 4’s acknowledgment route. Montana Code Annotated
B. Justice and City Court Rule 6
Justice/City Rule 6:
- Excludes the triggering day.
- Includes the last day.
- Carries a last day falling on Saturday, Sunday, or legal holiday forward.
- Permits extensions for cause before expiration and excusable neglect after expiration.
- Adds three days when a notice or other paper is served by mail.
The three-day rule does not rewrite the initial 20-day summons period where service was completed by a signed Rule 4 acknowledgment. Montana Code Annotated
C. Concrete date example — District Court personal service
Hypothetical event: personal service on Monday, November 2, 2026.
- Service day excluded.
- Day 1: November 3.
- Intermediate weekends and Veterans Day count.
- Day 21: Monday, November 23, 2026.
Illustrative answer deadline: Monday, November 23, 2026.
For valid electronic filing, the ordinary terminal time is midnight in the court’s time zone. For filing by another method, the terminal time is the clerk’s scheduled closing time. No three days are added because the trigger was initial Rule 4 service. Montana Code Annotated+1
D. Concrete date example — Justice Court acknowledgment
Hypothetical event: Justice Court mail acknowledgment signed Monday, November 9, 2026.
- Signature date excluded.
- Day 1: November 10.
- Day 20: Sunday, November 29.
- Sunday carries to Monday, November 30.
Illustrative answer deadline: Monday, November 30, 2026.
The Justice Court three-mail-days rule does not add time because Rule 4 says service is complete on the signed acknowledgment date and the answer period follows service of the summons, not later-paper mail service. Montana Code Annotated+1
E. Timely District Rule 12 motion
Hypothetical sequence:
- Defendant serves a qualifying Rule 12 motion before the answer deadline.
- Court later denies it.
- Notice of denial is served on Event Day N.
The answer is due 14 days after notice of denial, unless the court sets another time. The Event Day N is excluded. If the notice itself is served by one of the Rule 5 methods identified in Rule 6(d), the three-day provision may apply to that post-motion deadline. Montana Code Annotated+1
VIII. Default procedure
A. District Court: entry of default
When a party fails to plead or otherwise defend and that failure is shown by affidavit or other proof, the clerk enters default. Entry of default is not yet a money judgment. Montana Code Annotated
B. District Court: clerk default judgment
The clerk may enter judgment only when:
- The claim is for a sum certain or mechanically computable sum.
- The plaintiff submits the required request and affidavit showing the amount.
- The defendant was defaulted for not appearing.
- The defendant is an adult and not incompetent. Montana Code Annotated
A claim for discretionary treble damages, discretionary attorney fees, unliquidated damages, or a disputed amount is not converted into a sum certain merely because a spreadsheet produces a number. Perkins treated a clerk-entered default judgment containing discretionary relief as void. Justia Law+1
C. District Court: court-entered judgment
All other default judgments require application to the court. The court may require:
- An accounting.
- Proof of damages.
- Evidence establishing allegations.
- Investigation of another material issue.
A minor or incompetent defendant must be represented by the appropriate fiduciary. Montana Code Annotated
D. Appearance and seven-day notice
If the defendant has appeared personally or through a representative, the defendant must receive written notice of the application for default judgment at least seven days before the hearing.
In Bradley, an acknowledgment form contained language expressly stating a voluntary appearance. The Montana Supreme Court treated that language as an appearance. It distinguished the unusual form from an ordinary Form 18-B acknowledgment and held that judgment entered one day after the application was premature because the seven-day notice period had not elapsed. Justia Law+2
An ordinary signed service acknowledgment does not automatically contain the special voluntary-appearance language used in Bradley. The actual document controls.
E. Relief cap
A default judgment cannot grant a different kind of relief or a greater amount than the complaint demanded. That protects a nonappearing defendant from an award materially beyond the notice supplied by the pleading. Montana Code Annotated
F. Servicemembers Civil Relief Act
Before entering judgment against a nonappearing defendant, federal law requires an affidavit stating whether the defendant is in military service and supporting facts, or stating that military status could not be determined.
If the defendant is in military service:
- The court must appoint an attorney before entering judgment.
- The court may or must stay the matter under the statute’s predicates.
- A default entered during service or within 60 days afterward may be reopened where military service materially affected the defense and a meritorious or legal defense exists.
- The reopening application ordinarily must be filed within 90 days after termination or release from service. U.S. Code
This federal overlay is a default safeguard, not proof of military status in any case.
G. No automatic seizure
Even after a District Court judgment, Rule 62 ordinarily prevents execution or enforcement for 14 days after entry. During that period, the rule imposes its own anti-dissipation injunction. Afterward, separate execution, lien, and garnishment procedures are required. Those postjudgment procedures are outside this pass. Montana Code Annotated
IX. District Court set-aside and vacatur
A. Entry of default: Rule 55 good cause
An entry of default may be set aside for good cause. Perkins applies a flexible balancing analysis considering:
- Whether the default was willful.
- Whether setting it aside would prejudice the opposing party.
- Whether a meritorious defense exists.
- Montana’s preference for decisions on the merits and orderly judicial administration.
These factors are flexible and are not identical to the stricter final-judgment test. Justia Law+1
B. Final default judgment: Rule 60
Rule 60 permits relief for:
- Mistake, inadvertence, surprise, or excusable neglect.
- Newly discovered evidence.
- Fraud, misrepresentation, or misconduct.
- A void judgment.
- Satisfaction, release, discharge, reversal of an underlying judgment, or inequitable prospective application.
- Another reason justifying relief.
The motion must be filed within a reasonable time. Grounds 1–3 have an outside limit of one year after entry. The motion does not automatically suspend the judgment. Montana Code Annotated
C. Excusable neglect
Montana uses four requirements for relief from a final default judgment based on excusable neglect:
- Diligence.
- Excusable neglect.
- Injury if the judgment stands.
- A meritorious defense.
Whitefish Credit Union held that assuming a lawyer would handle a summons, without ensuring that happened, did not establish excusable neglect. Justia Law+1
Bradley reaffirmed the four-factor structure and Montana’s preference against default dispositions while still requiring the rule’s elements. Justia Law
D. Void judgment from defective service
A judgment entered without personal jurisdiction because the defendant was never validly served is analyzed under Rule 60(b)(4), not merely under discretionary excusable-neglect standards. In Whitefish Credit Union, the judgment was void as to the unserved defendant but not automatically void as to the separately served defendant. Justia Law+1
This pass does not establish a universal “void judgment can be challenged at any time” formula. Rule 60 still states that motions must be filed within a reasonable time, and actual jurisdictional facts and procedural posture matter.
E. Defective default judgment versus entry of default
Perkins separated:
- The clerk’s improper final judgment, which was void.
- The underlying entry of default, which required a separate good-cause analysis.
Vacating the judgment does not necessarily erase the default entry. Justia Law+2
F. Premature judgment after appearance
Bradley treated violation of Rule 55’s seven-day notice protection as making the judgment voidable. The appearance entitled the defendant to the notice period even though no hearing ultimately was required. The default entry and the final judgment still received different procedural treatment. Justia Law+3
X. Justice and City Court default and set-aside
A. Entry and judgment
On written motion, the judge or clerk enters default when a party fails to answer or reply as the rules require.
If the claim is for a sum certain or a sum that can be mechanically computed, the judge or clerk may enter judgment after the written amount-due request. If damages or the truth of allegations require evidence, the court may hold a hearing. The judgment cannot differ in kind from or exceed the amount demanded, and it may be entered only against defendants over whom the court obtained jurisdiction. Montana Code Annotated
The Justice/City rule does not reproduce District Rule 55’s express seven-day notice language for an appearing party. No such notice period is imported here without a direct limited-court authority.
B. Relief from judgment
Justice/City Rule 22 permits relief for:
- Mistake.
- Inadvertence.
- Surprise.
- Excusable neglect.
The application must:
- Be made within 30 days after entry.
- Include an affidavit showing good cause.
- Be served on all other parties.
- Include notice of hearing.
The court must set the hearing within ten days after receiving the application. Clerical errors may be corrected at any time. Montana Code Annotated
Rule 22 does not expressly list voidness, fraud, satisfaction, or a residual catchall comparable to District Rule 60. A jurisdictionally void Justice Court judgment raises a distinct due-process issue, but the exact procedural vehicle outside Rule 22 was not resolved in this pass.
C. Appeal from limited-court default
There is no ordinary appeal from a Justice or City Court default judgment except:
- Questions of law appearing on the face of the papers or proceedings.
- Abuse of discretion in setting aside or refusing to set aside default or judgment.
If the default is set aside, District Court allows pleadings and tries the case. Montana Code Annotated
XI. Small Claims default and appeal boundary
The statutory Small Claims order warns that nonappearance may result in default for the demanded relief and costs. The chapter separately requires findings and judgment after a tried case and allows an appeal limited to questions of law, commenced by written notice and service within ten days after judgment entry. Montana Code Annotated+2
The reviewed Small Claims chapter does not contain a separate express default-vacatur section. Because Small Claims is a Justice Court division, Justice Rule 22 may be relevant, but no current direct cross-reference or controlling case establishing the exact set-aside route was located. The following remain held:
- Whether the 30-day Rule 22 procedure applies without modification.
- Whether a different small-claims-specific motion is recognized.
- The procedure for a jurisdictionally void Small Claims default.
- Whether a default appeal uses §25-35-803, §25-33-303, or both in a particular posture.
No operational conclusion is supplied beyond the express hearing/default warning and appeal text.
XII. Official forms and resource inventory
The Montana Judicial Branch maintains an official civil-forms page covering District Court, limited-jurisdiction courts, and Small Claims. Local court rules and filing requirements still must be checked. The linked word-processing files were not machine-readable through the public browsing route in this session, so their internal version dates and every field were not authenticated. Montana Courts
The Small Claims benchbook page says the Commission-approved forms and benchbook are guidelines and recommended for use; they are not binding judicial rules. Montana Courts
XIII. Verified filing fees and waiver route
| Court |
Plaintiff commencement |
Defendant appearance |
Judgment or other relevant charge |
| District Court |
$90 |
$60 |
$50 payable by prevailing party on entry of judgment |
| Justice Court |
$40 |
$20 |
$20 payable by prevailing party; no additional court-service fee on default beyond complaint fee |
| Small Claims |
$20 |
$10 for appearance/contest or counterclaim |
Prevailing party may recover allowable costs |
A person may request waiver by filing an affidavit and financial statement showing:
- A good cause of action or defense.
- Inability to pay or secure the costs.
A court order generally must approve the waiver. If a judge is unavailable, the pleading may be filed subject to later approval. Montana Code Annotated
Process-server, sheriff, copy, mailing, and local technology costs may be separate and were not comprehensively audited here.
XIV. Bounded workflows and examples
Example 1 — District Court personal service and timely answer
Hypothetical facts
- Complaint filed: October 30, 2026.
- Summons issued.
- Defendant personally served: Monday, November 2, 2026.
- No different statutory response period.
- No extension or Rule 12 motion.
Counting
- Exclude November 2.
- November 3 is Day 1.
- Count all intervening weekends and Veterans Day.
- November 23 is Day 21.
Result: answer due Monday, November 23, 2026.
If the defendant validly e-files, the ordinary terminal time is midnight in the court’s time zone. If filing by another method, the clerk’s closing time controls. Montana Code Annotated+1
Example 2 — Justice Court acknowledgment route
Hypothetical facts
- Summons and complaint sent with the required acknowledgment forms.
- Defendant signs acknowledgment Monday, November 9, 2026.
Counting
- November 9 excluded.
- Day 20 is Sunday, November 29.
- Deadline carries to Monday, November 30.
Result: written answer due Monday, November 30, 2026.
No extra three days are added for the initial mailing because service became complete on the signed acknowledgment date under Rule 4. Montana Code Annotated+1
Example 3 — Unreturned mail packet
Hypothetical facts
- District mail-acknowledgment packet sent.
- Defendant does not sign or return it within 21 days.
Result
- Service is not complete merely because tracking shows delivery.
- The plaintiff must use an authorized personal or other Rule 4 method.
- The 21-day answer period has not begun from the mailing alone.
No conclusion is made about whether the defendant must reimburse personal-service costs; that requires the rule’s good-cause and motion facts. Montana Code Annotated
Example 4 — Attempted email service
Hypothetical facts
- Plaintiff emails a PDF complaint and summons.
- Defendant never consented to electronic service.
- No personal service, signed acknowledgment, waiver, or appearance occurs.
Result
The email is not a general Rule 4 initial-service method. A read receipt or actual knowledge does not cure the missing service. The answer period is not established to have begun. Montana Code Annotated+1
A later paper can be served electronically only after the applicable written consent or e-filing rule is satisfied.
Example 5 — Small Claims route is unavailable to an ordinary assignee
Hypothetical facts
- Debt buyer purchased a $4,000 consumer account.
- Debt buyer was not a party to the original transaction.
- Assignment is not under §27-1-718.
Result
Although the amount is under $7,000, the Small Claims claimant restriction prevents ordinary use of that route. The buyer would have to evaluate a different court route and prove real-party and assignment issues there. Montana Code Annotated+1
Example 6 — Small Claims hearing sequence
Hypothetical events
- Court issues order on Day 0.
- Hearing must be set no earlier than Day 10 and no later than Day 40.
- Defendant must be served at least five days before hearing.
- Defendant may remove within ten days after service.
If service is too late for the hearing, the court can issue a new order and date. Repeated orders may issue only within one year after commencement. No ordinary written answer is due in Small Claims before the hearing. Montana Code Annotated+3
Example 7 — Timely District Rule 12 motion
Hypothetical facts
- Defendant is served.
- Before the 21-day deadline, defendant files and serves a Rule 12 motion raising insufficient service and improper venue.
- Court denies it.
- Notice of denial is transmitted on Event Day N.
Result
The answer becomes due 14 days after notice of denial, unless the court orders otherwise. The defendant preserved the service and venue objections by including them in the first Rule 12 response. Omitting an available objection from that first response can waive it. Montana Code Annotated
Example 8 — Justice Court motion without extension
Hypothetical facts
- Defendant files a written motion on Day 10.
- Court has not entered an extension.
- No default has yet been entered.
Result
The motion does not automatically stop the 20-day answer clock. The defendant would need an extension under Justice Rule 6 or a controlling order. If Day 20 passes but default has not been entered, Rule 5 allows a late pleading to be filed; once default is entered, that route closes. Montana Code Annotated+2
Example 9 — Negotiation without court response
Hypothetical facts
- Defendant calls plaintiff’s attorney.
- Parties discuss possible payments.
- Plaintiff says it will “review” the proposal.
- No written extension or court order exists.
- Defendant files no answer.
Result
The negotiation does not alter the response deadline. A payment proposal, validation request, dispute, or informal promise is not an answer or Rule 12 motion. Default remains procedurally possible after the deadline.
No conclusion is made about whether the discussion formed a settlement or affected substantive liability; that requires actual writings and contract law.
Example 10 — Default against a nonappearing defendant for sum certain
Hypothetical facts
- Valid service established.
- Defendant neither appears nor answers.
- Complaint seeks a fixed principal amount and specifically pleaded costs.
- Plaintiff provides affidavit and mechanically verifiable ledger.
- Defendant is an adult and not incompetent.
Possible sequence
- Clerk enters default.
- Clerk determines whether the claim is truly a sum certain or computable.
- If it is, clerk may enter the permitted amount and costs.
- If discretionary fees, damages, or factual proof are needed, the court must handle judgment.
The missed answer date alone is not judgment. Montana Code Annotated
Example 11 — Defendant appeared and plaintiff seeks default judgment
Hypothetical facts
- Defendant filed a notice of appearance but no answer.
- Plaintiff applies for default judgment.
Result
The appeared defendant must receive written notice at least seven days before the hearing. Even if the court concludes no hearing is needed, Bradley holds that it may not shorten the rule’s notice period by entering judgment immediately. Montana Code Annotated+2
Example 12 — Defective service and voidness branch
Hypothetical facts
- Complaint was left with an unrelated adult at the defendant’s residence.
- Defendant is an ordinary competent adult.
- No authorized agent, signed acknowledgment, appearance, or other route exists.
- Default judgment later enters.
Because District Rule 4 does not establish ordinary adult abode service, the court may lack personal jurisdiction. Rule 60(b)(4), not only excusable neglect, becomes material. The actual affidavits, residence relationship, agency, waiver, and appearance facts still control. Montana Code Annotated+3
Example 13 — Excusable-neglect branch
Hypothetical facts
- Valid service occurred.
- Defendant missed the deadline.
- Defendant promptly moved after learning of judgment.
- Defendant provides evidence explaining the failure and identifies a potentially meritorious defense.
The court considers diligence, whether the neglect is legally excusable, injury from leaving judgment in place, and the proposed defense. Merely assuming someone else would handle the summons is not necessarily excusable. Justia Law+2
Example 14 — Justice Court relief request
Hypothetical facts
- Justice Court judgment entered Day 0.
- Defendant claims surprise and excusable neglect.
Required bounded route
- File the Rule 22 application no later than 30 days after entry.
- Support it with an affidavit showing good cause.
- Serve application and hearing notice on other parties.
- Court sets a hearing within ten days after receipt.
The application does not guarantee relief. The procedure for a separately void judgment remains held. Montana Code Annotated
Example 15 — Two-year versus three-year service conflict
Hypothetical facts
- District complaint filed November 1, 2026.
- Defendant never appears.
- Plaintiff considers service after November 1, 2028 but before November 1, 2029.
Section 25-3-107 points to dismissal after two years; Rule 4(t) appears to allow three. Athy flags but does not resolve the conflict.
Result: no safe terminal date is supplied. The conflict requires controlling judicial or legislative resolution and the actual case posture. Montana Code Annotated+2
XV. PASS-13 source register
Access classification for all fresh sources below: October 26, 2026, Pacific and UTC. Exact individual fetch timestamps were not exposed and are not asserted.
| Source ID |
Authority, issuer, full literal URL, and exact scope |
Status and access limits |
| S_MT-P13-S001 |
Montana court jurisdiction statutes, Montana Legislature: District Court §3-5-302, https://mca.legmt.gov/bills/mca/title_0030/chapter_0050/part_0030/section_0020/0030-0050-0030-0020.html; Justice Court §3-10-301, https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html; Municipal Court §3-6-103, https://mca.legmt.gov/bills/MCA/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html; City Court §§3-11-102–103, corresponding sections 0020 and 0030; transfer §3-5-313, section 0130. |
Fresh direct official HTML read. MCA 2025. No ordinary private-debt conclusion is drawn from special city-government claim branches. Montana Code Annotated+4 |
| S_MT-P13-S002 |
Montana venue statutes and rule: District general venue §25-2-118, https://mca.legmt.gov/bills/mca/title_0250/chapter_0020/part_0010/section_0180/0250-0020-0010-0180.html; contract venue §25-2-121, https://mca.legmt.gov/bills/MCA/title_0250/chapter_0020/part_0010/section_0210/0250-0020-0010-0210.html; Justice/City Rule 3, https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0030/0250-0230-0010-0030.html. |
Fresh direct official HTML read. Rule 3 includes residence, performance, waiver, and improper-venue dismissal provisions. Montana Code Annotated+2 |
| S_MT-P13-S003 |
Montana Small Claims Act, Montana Legislature: §§25-35-501–505, 601–609, 701, 801–803. Principal URLs: https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html; .../section_0050/0250-0350-0050-0050.html; .../part_0060/section_0020/0250-0350-0060-0020.html; .../section_0030/0250-0350-0060-0030.html; .../section_0040/0250-0350-0060-0040.html; .../section_0050/0250-0350-0060-0050.html; .../section_0080/0250-0350-0060-0080.html; .../part_0080/section_0030/0250-0350-0080-0030.html. |
Fresh direct official HTML read. Current $7,000 amount, party/assignment restrictions, hearing and removal procedures, and fees verified. No separate current Small Claims vacatur clause located. Montana Code Annotated+7 |
| S_MT-P13-S004 |
Montana Rules of Civil Procedure 3–6 and Uniform District Court Rule 16: Rule 3 https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0030/0250-0200-0020-0030.html; Rule 4 section 0040; Rule 5 section 0050; Rule 6 section 0060; U.D.C. Rule 16 https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0160/0250-0190-0010-0160.html. |
Fresh direct official HTML read. Complete materially relevant current clauses reviewed. Rule 4(t)/§25-3-107 conflict remains unresolved. Montana Code Annotated+3 |
| S_MT-P13-S005 |
Montana Rules of Civil Procedure 12, 17, 54, 55, 60, and 62: literal URLs ending in sections 0120, 0170, 0540, 0550, 0600, and 0620 under Title 25, chapter 20. |
Fresh direct official HTML read. Used for response, real-party, default, relief, and enforcement-stay boundaries. Montana Code Annotated+5 |
| S_MT-P13-S006 |
Montana Justice and City Court Rules 2, 4–9, 21, and 22, Montana Legislature, Title 25, chapter 23, part 1: literal section URLs 0020, 0040, 0050, 0060, 0070, 0090, 0210, and 0220. |
Fresh direct official HTML read. Current embedded summons still shows an obsolete $15 fee; current §25-31-112’s $20 appearance fee controls the fee conclusion here. Montana Code Annotated+7 |
| S_MT-P13-S007 |
Limited-court representation and default appeal: §25-31-601, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0060/section_0010/0250-0310-0060-0010.html; §25-33-303, https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/part_0030/section_0030/0250-0330-0030-0030.html. |
Fresh direct official HTML read. Representation exceptions remain entity- and ownership-specific. Montana Code Annotated+1 |
| S_MT-P13-S008 |
Current court-fee and waiver statutes: §25-1-201, https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html; §25-31-112, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0010/section_0120/0250-0310-0010-0120.html; §25-35-608, small-claims section above; §25-10-404, https://mca.legmt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html. |
Fresh direct official HTML read. Does not include every sheriff, service, copy, local technology, or appeal cost. Montana Code Annotated+3 |
| S_MT-P13-S009 |
Montana Judicial Branch Civil Forms: https://courts.mt.gov/forms/civilforms; Small Claims benchbook: https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims. |
Fresh official pages read. DOC/DOCX links were discoverable but unsupported for full content extraction; exact internal form versions were not authenticated. Benchbook states materials are guidelines, not binding. Montana Courts+1 |
| S_MT-P13-S010 |
Montana Judicial Branch, E-Filing a New Civil Case, https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf, revision 9/20/2024. Relevant printed p.2/PDF index 1 and printed pp.15–16/PDF indices 14–15. |
Fresh official PDF read and relevant pages visually inspected. Operational guide only. Its fee example is not relied upon as current statutory fee authority. Montana Courts+2 |
| S_MT-P13-S011 |
Estate of Athy v. Edgewood Vista, 2026 MT 3, Montana Supreme Court. Official PDF: https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=552479. Relevant printed p.12/PDF index 11. |
Fresh complete official opinion PDF read; relevant page visually inspected. Medical-specific six-month service statute decided the case; ordinary two-versus-three-year conflict expressly noted but not resolved. Judicial Document Service |
| S_MT-P13-S012 |
Whitefish Credit Union v. Sherman, 2012 MT 267. PDF: https://cases.justia.com/montana/supreme-court/da-12-0053.pdf?ts=1462390657. Relevant printed pp.2, 7–9/PDF indices 1, 6–8. |
Fresh complete public opinion PDF read and relevant pages visually inspected. Used for service voidness and excusable-neglect factors. Justia Law+3 |
| S_MT-P13-S013 |
Perkins Family Holdings, LLC v. Tile Guys, LLC, 2023 MT. PDF: https://cases.justia.com/montana/supreme-court/2023-da-22-0159.pdf?ts=1674605217. Relevant printed pp.3, 6–8/PDF indices 2, 5–7. |
Fresh complete public opinion PDF read and relevant pages visually inspected. Used for clerk authority, void default judgment, and Rule 55 good-cause analysis. Justia Law+3 |
| S_MT-P13-S014 |
Bradley v. Yellowstone Trails Ranch, 2026 MT 112. PDF: https://cases.justia.com/montana/supreme-court/2026-da-25-0473.pdf?ts=1779829650. Relevant printed pp.6, 8–11/PDF indices 5, 7–10. |
Fresh complete public opinion PDF read and relevant pages visually inspected. Current appearance/default-notice authority; actual acknowledgment language was unusual and fact-specific. Justia Law+4 |
| S_MT-P13-S015 |
H & H Development, LLC v. Ramlow, 2012 MT 51, https://law.justia.com/cases/montana/supreme-court/2012/da-11-0236.html. |
Fresh full public opinion reproduction read. Used only for District Court entity representation and possible cure/relating back. Justia Law |
| S_MT-P13-S016 |
HomeRiver Group v. Anders Business Solutions, LLC, 2025 MT 154N, https://law.justia.com/cases/montana/supreme-court/2025/da-24-0531.html. |
Fresh full public memorandum opinion read. Historical/current factual illustration only. Expressly noncitable and nonprecedential. Justia Law |
| S_MT-P13-S017 |
Servicemembers Civil Relief Act, 50 U.S.C. §3931, U.S. House Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t50/s3931/. |
Fresh direct official HTML read. Text through Public Law 119-124, October 15, 2026. Used only for default safeguards. U.S. Code |
| S_MT-P13-S018 |
FDCPA venue, 15 U.S.C. §1692i: https://uscode.house.gov/us/usc/119-124/t15/s1692i/. |
Fresh direct official HTML read. Conditional on federal actor/debt coverage. U.S. Code |
| S_MT-P13-S019 |
Federal removal statute, 28 U.S.C. §1441: https://uscode.house.gov/us/usc/119-124/t28/s1441/. |
Fresh direct official HTML read. Used only for the narrow removal boundary; no complete removal dossier. U.S. Code |
| S_MT-P13-S020 |
MCA §25-3-107: https://mca.legmt.gov/bills/MCA/title_0250/chapter_0030/part_0010/section_0070/0250-0030-0010-0070.html. |
Fresh direct official HTML read. 2023 enactment; creates unresolved conflict with District Rule 4(t). Montana Code Annotated |
XVI. PASS-13 claim register
| Claim ID |
Precise claim |
Source, predicates, consequence, and confidence |
| S_MT-P13-C001 |
District Court has general original ordinary civil jurisdiction without an ordinary monetary ceiling. |
S001, §3-5-302. High. |
| S_MT-P13-C002 |
Justice Court ordinary contract/debt/note/account jurisdiction is generally capped at $15,000 excluding costs and attorney fees. |
S001, §3-10-301. High. |
| S_MT-P13-C003 |
Ordinary Municipal and City Court private civil jurisdiction tracks the limited Justice Court route, subject to their separate statutory structures. |
S001, §§3-6-103, 3-11-102. High in core; court-specific organization held. |
| S_MT-P13-C004 |
Small Claims jurisdiction is $7,000 excluding costs and requires service within the filing county. |
S003, §25-35-502. High. |
| S_MT-P13-C005 |
Ordinary assigned claims may not be filed in Small Claims unless assigned under §27-1-718. |
S003, §25-35-505(4)–(5). High. |
| S_MT-P13-C006 |
Small Claims permits attorneys only if all parties are represented and permits specified entity representatives. |
S003, §25-35-505(2)–(3). High. |
| S_MT-P13-C007 |
District venue generally lies where a defendant resides; contract venue may also lie where performance is due. |
S002, §§25-2-118, 121. High. |
| S_MT-P13-C008 |
Justice/City venue includes defendant residence and, for debt/contract claims, place of payment or performance; improper venue can be waived. |
S002, Justice/City Rule 3. High. |
| S_MT-P13-C009 |
A covered FDCPA debt collector must use the federal consumer-debt venue prescribed by §1692i. |
S018. High, conditional on federal coverage. |
| S_MT-P13-C010 |
Federal removal is available only to a defendant and only when federal original jurisdiction exists. |
S019. High for statutory boundary. |
| S_MT-P13-C011 |
A District Court action commences by filing the complaint. |
S004, Rule 3. High. |
| S_MT-P13-C012 |
Filing does not substitute for valid service or an effective waiver/appearance. |
S004; S011. High. |
| S_MT-P13-C013 |
Actual notice does not cure defective initial service. |
S011, Athy. High. |
| S_MT-P13-C014 |
District summons must contain the Rule 4 identity, response, contact, and default-warning information and be served with the complaint. |
S004, Rule 4. High. |
| S_MT-P13-C015 |
District process may be served by sheriff, deputy, constable, or nonparty adult at least 18. |
S004, Rule 4. High. |
| S_MT-P13-C016 |
District adult-individual service is personal or through an authorized agent; no general adult abode substitute is supplied. |
S004, Rule 4. High. |
| S_MT-P13-C017 |
District first-class-mail service is an acknowledgment procedure, completed on signature, with personal service required if not returned within 21 days. |
S004, Rule 4. High. |
| S_MT-P13-C018 |
Minor, incompetent-person, and entity service require their specifically prescribed recipients and protections. |
S004, Rule 4. High. |
| S_MT-P13-C019 |
District publication is narrow and does not alone support a personal money judgment without personal jurisdiction. |
S004, Rule 4. High. |
| S_MT-P13-C020 |
Initial email, text, or e-filing notification is not a general Rule 4 service method. |
S004, Rules 4–5; S009–S010. High bounded conclusion. |
| S_MT-P13-C021 |
Electronic service of later District papers requires written consent or a valid court e-filing rule; listing an email address alone is insufficient. |
S004, Rule 5 and U.D.C. Rule 16. High. |
| S_MT-P13-C022 |
Justice/City summons directs an answer within 20 days after service. |
S006, Rule 4. High. |
| S_MT-P13-C023 |
Justice/City mail acknowledgment is complete on signature; if not returned within 20 days, personal service follows. |
S006, Rule 4. High. |
| S_MT-P13-C024 |
Justice/City publication is property-limited and does not create personal jurisdiction by itself. |
S006, Rule 4. High. |
| S_MT-P13-C025 |
Small Claims service follows Justice Court civil-process methods and must occur at least five days before hearing. |
S003, §§25-35-603–604. High. |
| S_MT-P13-C026 |
Small Claims repeated hearing orders may issue only within one year after commencement. |
S003, §25-35-603. High. |
| S_MT-P13-C027 |
MCA §25-3-107 says service within two years; District Rule 4(t) says three years. |
S004, Rule 4(t); S020. High textual conflict. |
| S_MT-P13-C028 |
Athy expressly noted but did not resolve the two-year/three-year ordinary service conflict. |
S011, printed p.12/PDF index 11. High. |
| S_MT-P13-C029 |
District answer is ordinarily due 21 days after service. |
S005, Rule 12(a). High. |
| S_MT-P13-C030 |
A timely District Rule 12 motion shifts the answer deadline to the rule’s 14-day post-ruling or post-statement period. |
S005, Rule 12(a)(4). High. |
| S_MT-P13-C031 |
District personal-jurisdiction, venue, process, and service defenses can be waived if omitted from the first proper response. |
S005, Rule 12(g)–(h). High. |
| S_MT-P13-C032 |
Justice/City answer is due in 20 days, and un-denied material allegations may be admitted. |
S006, Rule 7. High. |
| S_MT-P13-C033 |
A late Justice/City pleading may be filed after 20 days if default has not yet been entered. |
S006, Rule 5. High. |
| S_MT-P13-C034 |
A Justice/City motion does not automatically extend the answer period; extension requires Rule 6 cause or excusable neglect. |
S006, Rules 6 and 9. High. |
| S_MT-P13-C035 |
Small Claims uses a hearing appearance rather than an ordinary written answer. |
S003, §§25-35-602–603, 607. High. |
| S_MT-P13-C036 |
Small Claims may be removed within ten days after service, after which Justice Court procedure governs. |
S003, §25-35-605. High. |
| S_MT-P13-C037 |
District time computation excludes the trigger day, counts intermediate weekends/holidays, and extends a weekend/holiday last day. |
S004, Rule 6(a). High. |
| S_MT-P13-C038 |
District electronic filing ordinarily ends at midnight in the court’s time zone; other filing ends at clerk closing. |
S004, Rule 6(a)(4). High. |
| S_MT-P13-C039 |
District Rule 6’s extra three days apply only after specified Rule 5 later-paper service methods, not initial Rule 4 service. |
S004, Rule 6(d). High. |
| S_MT-P13-C040 |
Justice/City Rule 6 uses trigger-day exclusion and weekend/holiday extension, with three days only after mail service of a notice or other paper. |
S006, Rule 6. High. |
| S_MT-P13-C041 |
Negotiation, a regulatory complaint, a credit dispute, an FDCPA request, or a payment promise does not independently extend a court response deadline. |
S005–S006. High procedural boundary. |
| S_MT-P13-C042 |
District default first requires clerk entry after a failure to plead or otherwise defend is shown. |
S005, Rule 55(a). High. |
| S_MT-P13-C043 |
District clerk judgment is limited to sum-certain or computable claims against nonappearing competent adults. |
S005, Rule 55(b)(1). High. |
| S_MT-P13-C044 |
Other District default judgments require court application and may require evidence, accounting, or hearing. |
S005, Rule 55(b)(2). High. |
| S_MT-P13-C045 |
An appeared District defendant receives at least seven days’ notice of a default-judgment application. |
S005, Rule 55(b)(2); S014. High. |
| S_MT-P13-C046 |
A default judgment may not differ in kind from or exceed the amount demanded. |
S005, Rule 54(c). High. |
| S_MT-P13-C047 |
The SCRA requires a military-status affidavit before default judgment and provides appointment, stay, and reopening protections. |
S017. High, conditional on status and statutory facts. |
| S_MT-P13-C048 |
Entry of default is set aside under flexible Rule 55 good cause. |
S005, Rule 55(c); S013. High. |
| S_MT-P13-C049 |
Final District judgment relief proceeds under Rule 60, with a one-year cap on grounds 1–3 and a reasonable-time rule generally. |
S005, Rule 60. High. |
| S_MT-P13-C050 |
Rule 60(b)(1) excusable-neglect relief uses diligence, excusable neglect, injury, and meritorious-defense factors. |
S012; S014. High. |
| S_MT-P13-C051 |
A District judgment entered without personal jurisdiction may be void under Rule 60(b)(4). |
S005, Rule 60(b)(4); S012. High. |
| S_MT-P13-C052 |
Vacating a void or improper final judgment does not necessarily set aside the underlying entry of default. |
S013. High. |
| S_MT-P13-C053 |
District enforcement is ordinarily stayed for 14 days after judgment entry. |
S005, Rule 62(a). High. |
| S_MT-P13-C054 |
Justice/City default requires written motion; sum-certain judgment may be entered by judge or clerk, while uncertain damages may require hearing. |
S006, Rule 21. High. |
| S_MT-P13-C055 |
Justice/City relief for mistake, inadvertence, surprise, or excusable neglect must be requested within 30 days with an affidavit; hearing follows within ten days of receipt. |
S006, Rule 22. High. |
| S_MT-P13-C056 |
Justice/City default appeals are limited to facial legal questions and abuse of discretion concerning set-aside decisions. |
S007, §25-33-303. High. |
| S_MT-P13-C057 |
The exact Small Claims default-vacatur route is unresolved in the reviewed current authorities. |
S003; S006–S007. Unresolved; no separate direct cross-reference located. |
| S_MT-P13-C058 |
District entities generally require licensed counsel; Justice and Small Claims contain narrow statutory entity-representation exceptions. |
S007; S015–S016; S003. High in general, fact-dependent in exceptions. |
| S_MT-P13-C059 |
Current filing fees are $90/$60 in District, $40/$20 in Justice, and $20/$10 in Small Claims. |
S008. High. |
| S_MT-P13-C060 |
Fee waiver requires the statutory affidavit, financial statement, good claim or defense, and inability to pay. |
S008, §25-10-404. High. |
| S_MT-P13-C061 |
Officially hosted generic forms are not proof of valid service, adequate defenses, standing, or local filing compliance. |
S009–S010. High methodological conclusion. |
| S_MT-P13-C062 |
Missing an answer date does not itself create judgment or authorize immediate seizure. |
S005–S006. High procedural consequence. |
XVII. Granular coverage and gap table
| Assigned issue |
Status |
Claim IDs |
Exact remaining evidence or next action |
| District Court subject-matter jurisdiction |
Answered |
C001 |
Apply actual claim and any exclusive specialized jurisdiction. |
| Justice Court monetary jurisdiction |
Answered |
C002 |
Actual principal, requested damages, attorney fees, and counterclaims. |
| City Court ordinary private jurisdiction |
Answered in core |
C003 |
Confirm the actual city’s court organization and local rules. |
| Municipal Court ordinary private jurisdiction |
Answered in core |
C003 |
Confirm actual municipal court and local operating rules. |
| Small Claims monetary limit |
Answered |
C004 |
Actual relief and property value. |
| Small Claims county-service nexus |
Answered |
C004 |
Actual defendant location and service availability. |
| Small Claims ordinary assignee |
Answered as barred |
C005 |
Determine whether §27-1-718 exception actually applies. |
| Small Claims annual filing cap |
Answered textually |
C005 |
Actual claimant filing history held. |
| Small Claims attorney use |
Answered |
C006 |
Whether all parties are represented. |
| District real party in interest |
Answered |
C058; source S005 Rule 17 |
Actual assignment and ownership proof deferred. |
| District entity representation |
Answered |
C058 |
Actual entity and counsel. |
| Justice entity representation |
Partial |
C058 |
Majority LLC ownership, articles, and statutory authority. |
| District venue |
Answered |
C007 |
Residence, performance, and contract terms. |
| Justice/City venue |
Answered |
C008 |
Residence, place of payment, and waiver timing. |
| Small Claims venue |
Answered |
C004, C008 |
County service and Justice venue. |
| Contractual forum clause |
Excluded/partial |
C007–C009 |
Actual clause, assent, public policy, and FDCPA overlay. |
| FDCPA venue |
Answered conditionally |
C009 |
Actor and consumer-debt coverage. |
| Federal removal |
Bounded |
C010 |
Full federal jurisdiction, timing, consent, and remand later. |
| District commencement by filing |
Answered |
C011 |
Actual court-stamped filing. |
| Summons issuance/content |
Answered |
C014 |
Actual issued summons. |
| District process server eligibility |
Answered |
C015 |
Actual server identity. |
| Adult personal service |
Answered |
C016 |
Actual delivery and agency. |
| Adult abode service |
No general District route identified |
C016 |
Different statutory or court-ordered authority would be required. |
| District mail acknowledgment |
Answered |
C017 |
Actual packet and signature. |
| Certified mail as general service |
Not established |
C017–C020 |
Only specific statutory/Secretary routes. |
| Minor service |
Answered in framework |
C018 |
Age, guardian, residence, and actual delivery. |
| Incompetent-person service |
Answered in framework |
C018 |
Adjudication, guardian, and court orders. |
| Entity service |
Answered in framework |
C018 |
Entity type and recipient authority. |
| Out-of-state personal service |
Partial |
C018 |
Jurisdiction, due diligence, and foreign service facts. |
| Publication |
Answered narrowly |
C019 |
Property/status predicate, diligence, publication, mailing. |
| Alternative court-ordered service |
Unresolved generally |
C020 |
Specific statute/order authority required. |
| Initial email or text service |
No general authority |
C020 |
Consent to later service does not resolve initial service. |
| Electronic filing |
Answered as filing workflow |
C021 |
Local court enrollment and technical rules. |
| Electronic later service |
Answered conditionally |
C021 |
Written consent or e-service rule. |
| Actual notice versus service |
Answered |
C013 |
Actual method and waiver/appearance. |
| Proof of service |
Answered in core |
C012–C018 |
Actual certificate or affidavit. |
| Two-year service statute |
Answered textually |
C027 |
Conflict with Rule 4 remains. |
| Three-year District rule |
Answered textually |
C027 |
Conflict remains. |
| Controlling conflict resolution |
Unresolved |
C028 |
Later Supreme Court or legislative action. |
| Justice general terminal service period |
Partial |
C027 |
§25-3-107 application not separately adjudicated here. |
| Small Claims one-year reissuance |
Answered |
C026 |
Actual commencement and service efforts. |
| District answer deadline |
Answered |
C029 |
Actual service date. |
| District Rule 12 deadline alteration |
Answered |
C030 |
Actual motion and notice date. |
| Waivable District defenses |
Answered |
C031 |
First responsive filing content. |
| Justice answer deadline |
Answered |
C032 |
Actual service date. |
| Justice late pleading before default |
Answered |
C033 |
Whether default already entered. |
| Justice motion and extension |
Answered |
C034 |
Actual extension order or excusable neglect. |
| Small Claims response |
Answered |
C035–C036 |
Hearing and removal dates. |
| Negotiation as response |
Answered as insufficient |
C041 |
Actual court filing controls. |
| FDCPA/CRA dispute as response |
Answered as insufficient |
C041 |
Independent court filing required. |
| District day counting |
Answered |
C037–C039 |
Actual date and holidays. |
| Justice day counting |
Answered |
C040 |
Actual trigger and mail method. |
| Electronic-filing terminal time |
Answered |
C038 |
Court time zone and local technical availability. |
| Clerk inaccessibility |
Answered |
C037–C038 |
Actual closure or outage. |
| District entry of default |
Answered |
C042 |
Actual failure and affidavit. |
| District sum certain |
Answered in principle |
C043 |
Actual ledger, contract, fees, and arithmetic. |
| Unliquidated/default proof |
Answered |
C044 |
Actual evidence and hearing. |
| Appearance notice |
Answered |
C045 |
Actual filing, acknowledgment, or conduct. |
| Relief limited by demand |
Answered |
C046 |
Actual complaint. |
| Servicemember default |
Answered federally |
C047 |
Actual military-status search and affidavit. |
| Entry-default set-aside |
Answered |
C048 |
Actual willfulness, prejudice, and defense. |
| Final judgment Rule 60 |
Answered |
C049–C052 |
Actual ground, timing, and evidence. |
| Void judgment |
Answered in principle |
C051 |
Actual jurisdiction/service record. |
| Excusable neglect |
Answered in framework |
C050 |
Diligence, excuse, injury, defense. |
| Judgment-enforcement waiting period |
Answered only as boundary |
C053 |
Full writ, lien, and garnishment procedure excluded. |
| Justice default |
Answered |
C054 |
Actual written motion and sum. |
| Justice set-aside |
Answered in rule |
C055 |
Actual affidavit and 30-day timing. |
| Justice void judgment procedure |
Unresolved |
C055–C056 |
Controlling jurisdictional authority required. |
| Justice default appeal |
Answered narrowly |
C056 |
Actual facial error or abuse. |
| Small Claims default |
Partial |
C035, C057 |
Express warning established; separate judgment process held. |
| Small Claims vacatur |
Unresolved |
C057 |
Current direct cross-reference or case required. |
| Small Claims appeal |
Answered for ordinary judgment |
Source S003 §25-35-803 |
Default-specific interaction remains held. |
| Current official form route |
Answered |
C061 |
Individual DOC/DOCX versions not authenticated. |
| Current statutory filing fees |
Answered |
C059 |
Local service and technology fees separate. |
| Fee waiver |
Answered |
C060 |
Actual affidavit and judicial decision. |
| Full assignment proof/standing |
Excluded |
— |
Dedicated evidence/standing pass. |
| Contract validity/interest/fees |
Excluded |
— |
Substantive debt pass. |
| Arbitration |
Excluded |
— |
Separate arbitration dossier. |
| Full discovery/evidence/hearsay |
Excluded |
— |
Evidence pass. |
| Appeal procedure |
Excluded except narrow default/small-claims boundaries |
C056–C057 |
Complete appeal pass. |
| Postjudgment interest/lien/renewal |
Excluded |
— |
Separate judgment-duration pass. |
| Garnishment and exemptions |
Excluded |
— |
Separate enforcement pass. |
| Local and tribal rules |
Excluded |
— |
Court- and jurisdiction-specific investigation. |
| Actual case deadline |
Unresolved |
All timing claims |
Requires filed documents, court, service, orders, appearance, and local rules. |
XVIII. Researcher self-check
Freshly read on October 26, 2026
- Current published Montana statutes defining:District, Justice, City, Municipal, and Small Claims jurisdiction.District and limited-court venue.Small Claims parties, representation, assignment, filing caps, complaint, hearing, service, removal, fees, judgment, and appeal.District, Justice, and Small Claims fees and the statutory waiver route.Limited-court representation and default appeal.The 2023 two-year service statute.
- Current Montana Rules of Civil Procedure:Rules 3–6.Rule 12.Rule 17.Rules 54, 55, 60, and 62.
- Current Montana Justice and City Court Rules:Rules 2, 4–7, 9, 21, and 22.
- Official court forms landing page, Small Claims benchbook route, and e-filing guide.
- Current federal:SCRA default provision.FDCPA venue.Federal removal statute.
- Full publicly available opinions or opinion PDFs for:Estate of Athy.Whitefish Credit Union v. Sherman.Perkins Family Holdings.Bradley.H & H Development.HomeRiver.
Numeric and timeline checks
- District hypothetical: November 2, 2026 service → November 23, 2026 Day 21.
- Justice acknowledgment: November 9, 2026 signature → nominal Day 20 Sunday, November 29 → Monday, November 30.
- Current statutory fees:District: $90 / $60 / $50.Justice: $40 / $20 / $20.Small Claims: $20 / $10.
- Small Claims:$7,000 ceiling.Hearing 10–40 days from order.Service at least five days before hearing.Removal within ten days.Repeated orders within one year.
Fresh but access-limited or noncontrolling materials
- Individual Montana Judicial Branch DOC and DOCX forms were linked from the official forms page but could not be fully parsed or version-authenticated through the public browser.
- The current e-filing guide was read as operational guidance, not as a source of service authority or current fees.
- HomeRiver is expressly noncitable and nonprecedential and is not used as controlling law.
- The Small Claims benchbook and forms are identified by the court as guidelines.
- No complete county-by-county local-rule and clerk-technology audit was performed.
Bounded negative searches and unresolved conflicts
No current public authority located in this focused pass definitively resolved:
- MCA §25-3-107’s two-year service period versus District Rule 4(t)’s three-year period.
- A general electronic or text-message initial-service route for ordinary money claims.
- A separate current Small Claims default-vacatur procedure.
- The precise Justice/City procedural vehicle for attacking a jurisdictionally void judgment outside Rule 22’s 30-day excusable-neglect provision.
- A universal rule that an acknowledgment of service constitutes an appearance; Bradley depended on unusual express appearance language.
- Every local District, Justice, Municipal, or City Court e-filing and form practice.
- Whether a specific contractual forum-selection or arbitration clause is enforceable.
Search silence is not treated as proof no unpublished order, local rule, later amendment, or specialized authority exists.
Not read or resolved
- Any actual complaint, summons, return, affidavit, acknowledgment, answer, motion, court order, docket, military-status affidavit, judgment, or enforcement document.
- Any private consumer, creditor, collector, debt buyer, servicer, law firm, or account.
- Actual standing, assignment, ownership, contract terms, principal, interest, fees, limitations, evidence, authentication, business records, arbitration, settlement, damages, or defenses.
- Full appellate, removal, discovery, trial, judgment-lien, postjudgment-interest, renewal, execution, garnishment, exemption, bankruptcy, probate, secured-debt, eviction, medical, government-debt, local, or tribal procedure.
- P6–P12 as accepted legal premises.
Exact individual source-fetch timestamps were not exposed and are not invented. No filing, response, waiver, application, motion, provider lookup, court-account access, contact, records request, payment, purchase, private-data access, browser control, other-chat access, local write, individualized deadline, suit approval, defense approval, operational approval, independent review, component acceptance, Montana acceptance, parent-dossier acceptance, A066 acceptance, or publication-readiness determination occurred.
REPORT PARTIAL — the focused Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur component is completed to the stated court, source, procedural, and currentness limits.
END S_MT PASS-13.