How to Respond to a Lawsuit in Montana: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Montana. Last updated 2026-06-02

In Montana, a defendant served with a civil summons and complaint in District Court has 21 calendar days to file a written answer under Mont. R. Civ. P. 12(a)(1)(A). A case filed in Justice Court instead runs on a 20-day window under Montana Justice and City Court Rule of Civil Procedure 4C(2)(b), counted from service and excluding the day of service. The other tracks differ. Small claims requires no written answer at all. Under Mont. Code Ann. § 25-35-602 the defendant is directed to appear and answer the complaint in person on the hearing date stated in the order, which the court sets not more than 40 and not less than 10 days from the order under § 25-35-603. An unlawful detainer (eviction) answer is due within 5 business days under Mont. Code Ann. § 70-24-429(4), and a response to a divorce or dissolution petition is due within 21 days under § 40-4-105(3). If you miss your deadline, the plaintiff can ask the court to enter your default and the court can enter a default judgment under Mont. R. Civ. P. 55(a), which you can later move to set aside within a reasonable time and no more than a year after the judgment under Rule 60(c)(1).

How long do I have to respond to a lawsuit in Montana?

It depends on the case type and court. A general civil complaint filed in District Court gives you 21 calendar days after the summons is served to file a written answer under Mont. R. Civ. P. 12(a)(1)(A). In Justice Court the window is 20 days, excluding the day of service, under Rule 4C(2)(b). Eviction is shorter at 5 business days, and small claims requires no written answer because you appear at the hearing instead.

How do I respond to a civil summons in Montana?

You respond by filing a written answer with the clerk of the court named in the summons, whether that is the District Court or the Justice Court, then serving a copy on the plaintiff or the plaintiff's attorney by mail or personal delivery under Mont. R. Civ. P. 5(b) and filing proof of service. The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in Montana?

If you do not respond by your deadline, the plaintiff can ask the court to enter your default. Under Mont. R. Civ. P. 55(a), when a defendant fails to plead or otherwise defend, the court can enter the defendant's default, which opens the door to a default judgment for what the complaint requests. You can later move to set the default aside under Rule 60(c).

How do I answer a summons without an attorney in Montana?

Self-represented defendants can file an answer themselves. Montana has no statewide general-denial form, so you type your answer with a standard caption on pleading paper that meets Mont. R. Civ. P. 10(a) and Uniform District Court Rule 1. File it with the clerk, serve the plaintiff, and pay the filing fee, which is $70 to appear in District Court, or request a fee waiver.

Montana response framework at a glance

Montana's response rules turn first on which court and track your case is in. A general civil complaint in District Court is governed by Mont. R. Civ. P. 12(a)(1)(A), which directs the defendant to serve a written answer within 21 calendar days after being served with the summons and complaint. A case in Justice Court runs on a slightly shorter clock. Under Montana Justice and City Court Rule of Civil Procedure 4C(2)(b), the defendant must appear and file a written answer within 20 days after service, excluding the day of service. Small claims is different again. Under Mont. Code Ann. § 25-35-602 no written answer is filed at all. The defendant is directed to appear and answer the complaint in person at the hearing, which the court sets not more than 40 and not less than 10 days from the order under § 25-35-603, and any counterclaim must be served at least 72 hours before that hearing under § 25-35-606. Eviction is the fastest track. An unlawful detainer answer is due within 5 business days under § 70-24-429(4), and a response to a divorce or dissolution petition is due within 21 days under § 40-4-105(3). Answers are filed with the clerk of the court named in the summons, served on the plaintiff under Rule 5(b), and formatted with a standard caption on pleading paper under Rule 10(a) and Uniform District Court Rule 1. The Montana Judicial Branch website at courts.mt.gov is the official source for the court directory, filing fees, and the forms a self-represented defendant needs.

Court Resources

Montana Judicial Branch. Courts directory and self-help

The judicial-branch page explaining the District Court and Justice Court structure, the small-claims dollar limit, and where a defendant files an answer to a summons and complaint in Montana.

Montana fee-waiver request packet (Statement of Inability to Pay Court Costs and Fees)

A self-help packet explaining how a defendant who cannot afford the filing fee asks the court to waive court costs and fees, based on inability to pay given income and public benefits.

Montana Uniform District Court Rules (pleading and caption format)

The official Uniform District Court Rules that set the caption and pleading-paper format a self-represented defendant uses when there is no statewide general-denial answer form.

Relevant Laws

Montana Rule of Civil Procedure 12(a)(1)(A) (21-Day Answer in District Court)

Requires a defendant to serve an answer within 21 days after being served with the summons and complaint. This is the standard general civil answer deadline in District Court, Montana's court of general jurisdiction.

Montana Justice and City Court Rule of Civil Procedure 4C(2)(b) (20-Day Answer in Justice Court)

Directs that the summons in a Justice Court or City Court case tell the defendant to appear and file a written answer within 20 days after service of the summons and complaint, exclusive of the day of service. This is the limited-jurisdiction track, not the District Court 21-day track.

Montana Code Annotated § 25-35-602 (No Written Answer in Small Claims)

Directs the small claims defendant to appear and answer the complaint in person on the hearing date stated in the order, and warns that if the defendant does not appear, judgment will be taken by default. No written answer is filed. The hearing date is set not more than 40 and not less than 10 days from the order under § 25-35-603.

Montana Code Annotated § 70-24-429(4) (5-Business-Day Eviction Answer)

Provides that in an action for possession or unlawful holdover, the time for filing an answer under Justice and City Court Rule 4C(2)(b) is 5 business days after service of the summons and complaint, exclusive of the date of service. This is the short eviction track, not the general civil window.

Montana Code Annotated § 40-4-105(3) (21-Day Response to a Dissolution Petition)

Provides that when a dissolution proceeding is commenced by one party, the other party may within 21 days after the date of service file a verified response in a divorce or dissolution case.

Montana Rule of Civil Procedure 55 and 60 (Default and Setting It Aside)

Rule 55(a) allows the court to enter the default of a defendant who fails to plead or otherwise defend, opening the door to a default judgment. Rule 60(b)(1) and 60(c)(1) let the court relieve a party from a default or judgment taken through mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and no more than a year after the judgment.

Montana Code Annotated § 27-2-202(1) (Eight-Year Limitations Period for Written Contracts)

Sets the statute of limitations for an action on a written contract at eight years, a common threshold defense in debt-collection lawsuits where the underlying account or agreement is in writing.

Montana Rule of Civil Procedure 13 (Counterclaims)

Requires a defendant to plead a counterclaim arising out of the same transaction or occurrence as a compulsory counterclaim in the answer, or lose the right to assert it later, while unrelated claims may be brought as permissive counterclaims.

Regional Variances

Answer deadline by case track in Montana

General civil complaint, District Court (Mont. R. Civ. P. 12(a)(1)(A))

21 calendar days after the summons and complaint are served on the defendant to serve a written answer. This is the default civil deadline in District Court, Montana's court of general jurisdiction, and the one most defendants are working against.

General civil complaint, Justice Court (Justice and City Ct. R. Civ. P. 4C(2)(b))

20 calendar days after service of the summons and complaint, excluding the day of service, to appear and file a written answer in the Justice Court or City Court. This limited-jurisdiction track is one day shorter than the District Court window, so confirm which court the summons names.

Small claims (Mont. Code Ann. § 25-35-602)

No written answer is filed. The defendant is directed to appear and answer the complaint in person at the hearing, which the court sets not more than 40 and not less than 10 days from the order under § 25-35-603. Any counterclaim must be served on the plaintiff at least 72 hours before the hearing under § 25-35-606.

Unlawful detainer / eviction (Mont. Code Ann. § 70-24-429(4))

5 business days after the summons and complaint are served, excluding the day of service, to file an answer. This is much shorter than the general civil window, so eviction defendants must move fast.

Divorce / dissolution response (Mont. Code Ann. § 40-4-105(3))

21 days after service of the petition to file a verified response and serve a copy on the petitioner. Missing it can let the dissolution proceed by default.

Which Montana court hears your case, by amount

Small Claims Division, Justice Court

Hears claims up to the small-claims dollar cap of $7,000. No written answer is filed, and the defendant appears in person at the hearing the court sets in the order.

Justice Court (limited jurisdiction)

Handles civil cases up to $15,000. A written answer is required within 20 days after service, excluding the day of service, under Justice and City Court Rule 4C(2)(b), filed with the clerk of the court named in the summons.

District Court (general jurisdiction)

Handles civil cases over $15,000. A written answer is required within 21 days under Mont. R. Civ. P. 12(a)(1)(A), and the appearance fee to answer is about $70 unless the court grants a fee waiver.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint in District Court is due in 21 calendar days under Mont. R. Civ. P. 12(a)(1)(A), while a Justice Court case is due in 20 days, excluding the day of service, under Rule 4C(2)(b). An eviction answer is due in 5 business days under Mont. Code Ann. § 70-24-429(4), and a dissolution response in 21 days under § 40-4-105(3). Small claims requires no written answer. You appear in person at the hearing the court sets under § 25-35-602. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption on the summons to confirm whether the case is small claims, general civil, unlawful detainer, or family, and whether it is in Justice Court or District Court. The track decides your deadline and where you file. Justice Court handles civil cases up to $15,000 and small claims up to $7,000, while District Court hears cases over $15,000.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, estoppel, or fraud. In debt cases, check the eight-year written-contract limitations period under Mont. Code Ann. § 27-2-202(1). If you have a claim against the plaintiff arising from the same transaction, you must plead it as a compulsory counterclaim under Mont. R. Civ. P. 13 or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting it, denying it, or stating you lack information to admit or deny, then state your affirmative defenses. Montana has no statewide general-denial form, so type the answer with a standard caption on pleading paper under Mont. R. Civ. P. 10(a) and Uniform District Court Rule 1, with the court, parties, and case number in the caption.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the District Court or Justice Court named in the summons. E-filing is often mandatory for attorneys under local rules, while self-represented parties typically file in person or by mail under Mont. R. Civ. P. 5(d). The appearance fee to answer in District Court is about $70 unless the court waives it.

Serve the plaintiff and file a proof of service

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or personal delivery under Mont. R. Civ. P. 5(b), then file the proof of service with the court. An answer that is filed but not served on the plaintiff can be challenged.

Request a fee waiver if you cannot afford the filing fee

At the time of filing days after starting

If you cannot afford the filing fee given your income, often tied to public benefits or income below 125% of the federal poverty level, file a Statement of Inability to Pay Court Costs and Fees with your answer to ask the court to waive the fee. Submitting the request lets you file on time while the court decides eligibility.

Appear at the hearing or trial the court sets

As set by the court days after starting

Calendar every date the court sets, including the small claims hearing, where no written answer is filed and you appear in person, and any hearing or trial in a civil or eviction case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Task	Description	Document	Days after starting
Calculate your response deadline from the date you were served	Find the deadline that matches your track. A general civil complaint in District Court is due in 21 calendar days under Mont. R. Civ. P. 12(a)(1)(A), while a Justice Court case is due in 20 days, excluding the day of service, under Rule 4C(2)(b). An eviction answer is due in 5 business days under Mont. Code Ann. § 70-24-429(4), and a dissolution response in 21 days under § 40-4-105(3). Small claims requires no written answer. You appear in person at the hearing the court sets under § 25-35-602. Mark the exact date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the caption on the summons to confirm whether the case is small claims, general civil, unlawful detainer, or family, and whether it is in Justice Court or District Court. The track decides your deadline and where you file. Justice Court handles civil cases up to $15,000 and small claims up to $7,000, while District Court hears cases over $15,000.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, estoppel, or fraud. In debt cases, check the eight-year written-contract limitations period under Mont. Code Ann. § 27-2-202(1). If you have a claim against the plaintiff arising from the same transaction, you must plead it as a compulsory counterclaim under Mont. R. Civ. P. 13 or lose it.	-	Before drafting the answer
Draft the answer in the correct caption and format	Respond to each numbered allegation by admitting it, denying it, or stating you lack information to admit or deny, then state your affirmative defenses. Montana has no statewide general-denial form, so type the answer with a standard caption on pleading paper under Mont. R. Civ. P. 10(a) and Uniform District Court Rule 1, with the court, parties, and case number in the caption.	answer-to-complaint	Before the answer deadline
File the answer with the clerk of the correct court	File with the clerk of the District Court or Justice Court named in the summons. E-filing is often mandatory for attorneys under local rules, while self-represented parties typically file in person or by mail under Mont. R. Civ. P. 5(d). The appearance fee to answer in District Court is about $70 unless the court waives it.	-	On or before the answer deadline
Serve the plaintiff and file a proof of service	Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or personal delivery under Mont. R. Civ. P. 5(b), then file the proof of service with the court. An answer that is filed but not served on the plaintiff can be challenged.	-	With or promptly after filing
Request a fee waiver if you cannot afford the filing fee	If you cannot afford the filing fee given your income, often tied to public benefits or income below 125% of the federal poverty level, file a Statement of Inability to Pay Court Costs and Fees with your answer to ask the court to waive the fee. Submitting the request lets you file on time while the court decides eligibility.	-	At the time of filing
Appear at the hearing or trial the court sets	Calendar every date the court sets, including the small claims hearing, where no written answer is filed and you appear in person, and any hearing or trial in a civil or eviction case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.	-	As set by the court

Frequently Asked Questions

Often yes, if you act quickly. You file a Motion to Set Aside Default Judgment under Mont. R. Civ. P. 60. The court can relieve you from a default or default judgment taken through mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). The motion must be made within a reasonable time, and in no case more than a year after entry of judgment under Rule 60(c)(1), so do not wait.

Sometimes. Parties often agree in writing to extend the answer deadline, and you can ask the court for more time. Filing certain motions that challenge the complaint can also change the timeline. Get any extension in writing, because the 21-day District Court clock, or the 20-day Justice Court clock, keeps running until the plaintiff agrees, the court grants more time, or you file your answer.

You can ask the court to waive your fee. Montana's appearance fee to answer in District Court is about $70, and you request a waiver by filing a Statement of Inability to Pay Court Costs and Fees. Eligibility is based on your inability to pay, often tied to public benefits or income below 125% of the federal poverty level. If the court grants the waiver, you can file your answer without paying.

Yes. Improper service of process is a recognized defense. A defendant can raise insufficient service of process under Mont. R. Civ. P. 12 to challenge whether the court has personal jurisdiction because service did not follow the rules. If service was defective, the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default.

Respond the same way as any civil complaint. File a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the eight-year statute of limitations for written contracts under Mont. Code Ann. § 27-2-202(1) and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

Common affirmative defenses include the statute of limitations, accord and satisfaction, payment, release, estoppel, and fraud. To assert your own claim against the plaintiff, you file a counterclaim. Under Mont. R. Civ. P. 13, a counterclaim arising out of the same transaction or occurrence is compulsory and must be pleaded in your answer or it is waived, while unrelated claims are permissive.

A respondent served with a dissolution petition has 21 days to file a verified response and serve a copy on the petitioner under Mont. Code Ann. § 40-4-105(3), the same window as a general civil case in District Court. You file your response with the District Court using the Montana family-law forms. Missing the 21-day window can let the case proceed by default and let the court decide property, support, and parenting issues without your input.

Eviction moves faster than other cases. Under Mont. Code Ann. § 70-24-429(4), the time to file an answer in an unlawful detainer action is 5 business days after the summons and complaint are served, excluding the day of service. You file that answer with the court named in the summons and appear at the hearing the court sets. Acting within those 5 business days is the most important step, because missing it can cost you the case.

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