25-35-702. Witnesses — evidencesubpoena power. The plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing in the same manner as in other cases arising in justice’s court or by written evidence, and the judge may direct the production of evidence that the judge considers appropriate. The small claims court has the subpoena power granted to justices’ courts in all civil cases.

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Terms Used In Montana Code 25-35-702

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Subpoena: A command to a witness to appear and give testimony.