Before You File
Use the correct form
Different case types have different deadlines, fees, and service requirements. Review the descriptions below before downloading a packet.
Make copies
Most filings require an original for the Court, a copy for you, and a copy for the other party. Some forms must also include a certificate of mailing or service.
Serve the other party
Many court papers must be served by the Sheriff, a process server, or another qualified adult. Filing a form with the Court is not always the same as serving it.
Legal entities
Businesses, corporations, LLCs, and other legal entities may be required to file through an attorney. Review the packet instructions before filing.
Find the Form or Packet You Need
The sections below are grouped by topic to help you choose the right form or packet. Each description is followed by a place where a PDF file block can be added.
Civil Cases
File or respond to a general civil case in Justice Court.
Landlord-Tenant Possession Cases
File or respond to a complaint for possession.
Small Claims
Resolve eligible disputes involving smaller dollar amounts.
Orders of Protection
Request a temporary order of protection and hearing.
Motions, Criminal Cases, and License Reinstatement
File a criminal motion, request license reinstatement for a failure-to-pay suspension, or review marijuana conviction petition forms.
Records, Jury Duty, Local Rules, and Other Requests
Request a records search, court recording, jury excuse, or other common court form.
Service and Process Servers
View service information and local process server contacts.
Civil Cases
Civil case forms are used to file or respond to a general civil case in Justice Court. These cases may involve money owed, property within the Court’s jurisdiction, or other eligible claims. Civil claims in Justice Court are generally limited to $15,000 or less.
Civil Filing Packet
Use this packet to begin a general civil case. The packet includes filing instructions, the Complaint, Summons, Praecipe for Service, and process server information.
Civil Case Filing and Trial Procedure
This guide explains general civil case procedures, including filing, answering, counterclaims, mediation, trial preparation, evidence, appeals, judgments, and collection.
Answer Packet for Civil Complaint
Use this packet if you have been served with a civil Complaint and need to file a written Answer with the Court. A civil complaint must generally be answered within 20 days after service.
Counterclaim for Civil Filing
Use this form if you are the defendant and believe the plaintiff owes you money related to the same facts or circumstances as the plaintiff’s case. A counterclaim is filed with your Answer.
Reply to Counterclaim
Use this form if a counterclaim has been filed against you and you need to respond.
Request for Entry of Default — Civil
Use this form to request default when the defendant was served and did not answer or otherwise appear within the required time.
Motion — Civil
Use this form to make a written request in an existing civil case.
Landlord-Tenant Possession Cases
A civil Complaint for Possession is generally used when a landlord is asking the Court for possession of rental property and, when applicable, a money judgment.
Civil Filing Packet — Landlord-Tenant
Use this packet to file a Complaint for Possession and Money Judgment. The packet includes filing instructions, the Complaint, Summons, Praecipe for Service, and process server information.
Notice to Vacate Instructions
Review these instructions before filing a possession case. Proper notice may be required before a case can proceed.
Answer to Complaint for Possession
Use this packet if you have been served with a Complaint for Possession and need to file a written Answer.
Request for Entry of Default — Possession Case
Use this form to request default when the defendant was served and did not answer or otherwise appear within the required time in a possession case.
Small Claims
Small Claims Court is intended to provide a quicker, less formal way to resolve eligible disputes involving money or personal property. Small claims cases have special rules, limits, and timelines.
Claim amount
Small claims are generally limited to claims of $7,000 or less.
Service location
The defendant must be able to be served in Flathead County, Montana.
Attorney and jury trial
Small claims procedures are informal. If a party wants a jury trial or attorney representation, the case may need to be removed to Justice Court within the required time.
Small Claims Guide
A citizen’s guide to Montana Small Claims Court, including basic rules, timelines, settlement options, subpoenas, judgments, and appeals.
Small Claims Packet
Use this packet to file a Small Claims Complaint. The packet includes instructions, Complaint and Order, Praecipe for Service, and process server information.
Counterclaim for Small Claims
Use this form if you are the defendant in a small claims case and believe the plaintiff owes you money related to the same dispute.
Temporary Orders of Protection
A Petition for Temporary Order of Protection may be used to ask the Court for protection from a respondent when you believe you are in danger and need an order immediately.
Before completing the petition
- Fill out the petition as completely as possible.
- Give specific details about why you believe you are in danger.
- Include dates, places, police reports, texts, emails, photos, or other information when available.
- Do not sign the petition until you are in front of a Court Clerk.
- Complete the confidential law enforcement service information page as fully as possible.
Petition for Temporary Order of Protection
Includes instructions, the petition form, request for hearing, and confidential law enforcement service information page.
Motions, Criminal Cases, and License Reinstatement
Motion — Criminal
Use this form to make a written request in an existing criminal case. The form includes a section to indicate whether the County Attorney opposes the motion.
Petition for Reinstatement of Driver’s License
Use this form to ask the Court to order reinstatement of a Montana driver’s license that was suspended for failure to pay fines, fees, costs, or restitution, and not for another legal reason.
Petition for Expungement, Resentencing, or Redesignation of Marijuana Conviction
Use this packet for eligible marijuana-related convictions under the Montana Marijuana Regulation and Taxation Act. The packet includes instructions and separate forms depending on whether you are currently serving your sentence or have completed your sentence. A criminal record and service on the County Attorney may be required.
Records, Jury Duty, Local RUles, and Other Requests
Records Search Request
Use this form to request a Justice Court records search, background check search, or court recording. Fees must be paid in advance.
Affidavit of Excuse from Jury Duty
Use this form to request to be excused from Justice Court jury service due to undue hardship, chronic incapacity, or age-based permanent excuse.
Certificate of Mailing or Personal Service
Use this form to document that a true and correct copy of a court document was served by mail or personal service.
Request for Execution
Use this form after judgment to request a Writ of Execution for collection through a licensed levy officer.
Local Rules
Review local Justice Court rules that may apply to filings, appearances, and procedures.
Service and Process Servers
Many Justice Court documents must be served on the other party. You may use the Flathead County Sheriff, a process server, or another qualified adult depending on the type of document and case. Contact the provider directly to confirm availability, service area, and current fees.
List of Process Servers
This list includes process servers and levy officers who may be able to serve court documents. Fees and provider availability may change, so contact the provider before hiring them.