25-35-605. Removal to justice's court -- effect of failure to remove. - Montana Statutes

     25-35-605. Removal to justice's court -- effect of failure to remove. (1) Any action commenced in small claims court may be removed to justice's court by a defendant upon the filing of a notice of removal with the justice within 10 days of the service of the complaint and order. From the time of filing of the notice of removal, the court to which the action is removed has and exercises the same jurisdiction over it as though the action had been originally commenced in justice's court.
     (2) Upon the filing of a notice of removal, the court shall give notice of that fact to all other parties to the action. All rules and statutes governing proceedings originally commenced in justice's court, except rules of pleading but including rules and statutes governing appeals from justice's court, are applicable to proceedings removed to justice's court, except that a plaintiff is not required to replead unless the court so orders, and a fee may not be required of a plaintiff for the filing of a complaint if a fee for filing was paid in small claims court.
     (3) Failure to request removal within the time provided in subsection (1) constitutes a waiver by the defendant of the right to a trial by jury and representation by an attorney, and the justice shall inform the defendant of that fact prior to commencement of the hearing.

     History: En. Secs. 17, 18, Ch. 586, L. 1981; amd. Sec. 4, Ch. 492, L. 1983; amd. Sec. 513, Ch. 56, L. 2009.