Montana Code 25-35-505. Parties — representation
25-35-505. Parties — representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state.
Terms Used In Montana Code 25-35-505
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court.
(3)(a) Individuals may represent themselves in a small claims court.
(b)A partnership may be represented by a partner or one of its employees.
(c)A union may be represented by a union member or union employee.
(d)A corporation may be represented by one of its directors, officers, or employees.
(e)Except as provided in 35-8-301, a limited liability company as defined in 35-8-102 may be represented by a member with a majority interest in the limited liability company.
(f)An association may be represented by one of its members or by an employee of the association.
(g)Any other kind of organization or entity may be represented by one of its members or employees.
(4)Except as provided in subsection (5), only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court.
(5)A party may not file an assigned claim in the small claims court unless it has been assigned pursuant to 27-1-718.
(6)Except for claims under 27-1-718, a party may not file more than 10 claims in any calendar year.
(7)Notwithstanding any other provision of this section, a personal representative of a decedent‘s estate, a guardian, or a conservator may be a party in the small claims court.