Montana lawyer costs and court fees
Short answer
Montana has small claims cases up to $7,000, a 3-year personal injury filing deadline, a divorce filing fee of $170. Clio does not publish a Montana rate; the national average is $349 an hour. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
Montana legal costs at a glance
| Small claims limit | $7,000[1][2][3] |
|---|---|
| Small claims filing fee | $20 plaintiff on filing; $10 defendant on appearing/contesting or counterclaiming (MCA 25-35-608(1))[1][2][3] |
| District Court civil filing fee | $90 base clerk fee from the plaintiff (MCA 25-1-201); other statutory surcharges may apply[4] |
| Divorce filing fee | $170 base (petition for dissolution, MCA 25-1-201)[4] |
| Personal injury deadline | 3 years (MCA 27-2-204(1)); libel, slander, assault, battery and false imprisonment have a 2-year period (27-2-204(3))[5] |
| Attorney fee caps | Workers' compensation (MCA 39-71-613; ARM 24.29.3802): max 20% of additional compensation if settled without a WC judge or Supreme Court order; 25% if the case goes to hearing before the WC judge or Supreme Court.[6] |
| Average lawyer rate | No Montana figure published; national average $349/hour[7] |
What lawyers charge in Montana
Clio publishes state-level averages for only some states, and Montana is not one of them. The national average billed rate in Clio's 2025 data is $349 per hour[7]. We do not publish an invented Montana figure: ask two or three local lawyers for their hourly rate and compare it with the national number.
Illustrative budget at $349/hour (not a quote): a 1-hour consultation ≈ $349; a 5-hour document review ≈ $1,745; a 20-hour contested matter ≈ $6,980, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in Montana
Small claims cases are heard in the Small Claims Court (Justice Court). You can ask for up to $7,000[1][2][3]. Counterclaims are capped at $6,500, and a party may file no more than 10 claims per calendar year except shoplifting claims (MCA 25-35-502(1); MT DOJ brochure).
- Filing fee: $20 plaintiff on filing; $10 defendant on appearing/contesting or counterclaiming (MCA 25-35-608(1))
- Serving the other side: A separate fee applies for service of the order.
- Court self-help: Montana court self-help resources
See how Montana compares with other states in our 50-state small claims table.
Court filing fees
District Court: $90 base clerk fee from the plaintiff (MCA 25-1-201); other statutory surcharges may apply[4]
Divorce: $170 base (petition for dissolution, MCA 25-1-201)[4] Statutory base clerk fee; other surcharges may apply.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 3 years (MCA 27-2-204(1)); libel, slander, assault, battery and false imprisonment have a 2-year period (27-2-204(3))[5]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: Workers' compensation (MCA 39-71-613; ARM 24.29.3802): max 20% of additional compensation if settled without a WC judge or Supreme Court order; 25% if the case goes to hearing before the WC judge or Supreme Court.[6]
If you disagree with a lawyer's bill: the State Bar of Montana Fee Arbitration Program handles fee disputes between clients and lawyers.
Free and low-cost legal help in Montana
- Legal aid: MontanaLawHelp.org (Montana Legal Services Association). Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[8].
- Lawyer referral: Licensed Lawyer Montana (State Bar of Montana).
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in Montana?
$7,000, in the Small Claims Court (Justice Court). Counterclaims are capped at $6,500, and a party may file no more than 10 claims per calendar year except shoplifting claims (MCA 25-35-502(1); MT DOJ brochure).
How much does it cost to file a small claims case in Montana?
$20 plaintiff on filing; $10 defendant on appearing/contesting or counterclaiming (MCA 25-35-608(1)) Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in Montana?
Generally 3 years (MCA 27-2-204(1)); libel, slander, assault, battery and false imprisonment have a 2-year period (27-2-204(3)). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in Montana?
$170 base (petition for dissolution, MCA 25-1-201). Statutory base clerk fee; other surcharges may apply. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my Montana lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the State Bar of Montana Fee Arbitration Program handles fee disputes between clients and lawyers.
Sources
- MCA 25-35-502 (checked October 11, 2026)
- MCA 25-35-608 (checked October 11, 2026)
- Montana DOJ, Small Claims Court Brochure (checked October 11, 2026)
- MCA 25-1-201 (checked October 11, 2026)
- MCA 27-2-204 (checked October 11, 2026)
- Montana DLI, Attorney Retainer Agreement form (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)