Mont. Code Ann. § 3-1-906 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-906
3-1-906 Senate confirmation -- exception -- nomination in interim -- appointment contingent on vacancy
Status: in_force

3-1-906 . Senate confirmation -- exception -- nomination in interim -- appointment contingent on vacancy. (1) (a) Except as provided in subsection (2):

(i) each appointment must be confirmed by the senate; and

(ii) an appointment made while the senate is not in session is effective until the end of the next regular legislative session.

(b) If the appointment is subject to senate confirmation under subsection (1)(a) and is not confirmed, the office is vacant and another selection of nominees and appointment must be made.

(2) The following appointments are not subject to senate confirmation, and there must be an election for the office at the general election immediately preceding the scheduled expiration of the term or following the appointment, as applicable:

(a) an appointment made while the senate is not in session if the term to which the appointee is appointed expires prior to the next regular legislative session, regardless of the time of the appointment in relation to the candidate filing deadlines for the office; and

(b) an appointment made while the senate is not in session if a general election will be held prior to the next regular legislative session and the appointment is made prior to the candidate filing deadline for primary elections under 13-10-201 (7), in which case the position is subject to election at the next primary and general elections.

(3) A nomination is not effective unless a vacancy in office occurs.
Mont. Code Ann. § 3-6-103 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-103
3-6-103 Jurisdiction
Status: in_force

3-6-103 . Jurisdiction. (1) Except as provided in subsection (2), the municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal actions and proceedings provided for in 3-11-103 .

(2) The municipal court has original jurisdiction of the following proceedings:

(a) actions for the collection of money due to the city or from the city to any person when the amount sought, exclusive of interest and costs, does not exceed $50,000;

(b) when the amount claimed, exclusive of costs, does not exceed $50,000, actions for:

(i) the breach of an official bond given by a city officer;

(ii) the breach of any contract when the city is a party or is in any way interested;

(iii) damages when the city is a party or is in any way interested;

(iv) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city; and

(v) collections on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (2)(b)(i) through (2)(b)(iv); and

(c) actions for the recovery of personal property belonging to the city when the value of the property, exclusive of the damages for taking or detention, does not exceed $50,000.

(3) Municipal courts have concurrent jurisdiction with the district court in actions arising under Title 70, chapters 24 through 27.

(4) Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court.
Mont. Code Ann. § 3-5-311 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-311
3-5-311 Powers of judges at chambers
Status: in_force

3-5-311 . Powers of judges at chambers. (1) The judge of the district court may at chambers:

(a) issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original and remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in the judicial district;

(b) grant all orders and writs that are usually granted in the first instance upon an ex parte application and hear and dispose of those orders and writs;

(c) hear and determine any matter necessary in the exercise of the judge's powers in matters of probate or in any action or proceeding provided by law and any action in which all party defendants have made default;

(d) issue any process, make any order, and make and enter any default judgment; and

(e) consolidate jurisdiction in district court over a civil action or proceeding filed in a justice's court, a municipal court, a city court, or the small claims division of a justice's court when the civil action or proceeding arose out of the same transaction or occurrence as a case pending in district court.

(2) When default judgments are entered in default cases, the judge shall forward to the clerk of the court of the county in which the action is pending the judgment, together with a minute entry of the proceedings. The clerk shall incorporate the judgment and minute entry into the minutes of the court.

(3) If a jury is necessary, the judge may open court and obtain a jury as in other cases.
Mont. Code Ann. § 3-1-1704 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1704
3-1-1704 Midterm reports
Status: in_force

3-1-1704 . (Temporary) Midterm reports. (1) The commission shall compile a midterm report for each judge relying on that judge's midterm evaluation. The midterm report may also be based on further information the commission considers useful for purposes of judicial evaluation or self-improvement.

(2) The commission shall provide the midterm report to the evaluated judge, the Montana supreme court, and the court administrator.

(3) (a) The commission may publish a partial midterm report for a judge whose appointment date precludes the collection of complete midterm evaluation data. For a newly appointed judge, a midterm report is considered partial when the midterm evaluation is missing a respondent group.

(b) The commission's web page must identify each judge receiving a partial midterm report.

(c) Prior to a partial midterm report, the commission shall inform the court administrator of judges who will receive a partial report. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-10-503 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-503
3-10-503 Index to docket -- electronic filing and storage of court records
Status: in_force

3-10-503 . Index to docket -- electronic filing and storage of court records. (1) A justice shall keep an alphabetical index to the docket, in which must be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs and defendants must be entered in the index in the alphabetical order of the first letter of the family name.

(2) The justice may elect to keep the index by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115 , in lieu of or in addition to keeping paper records.
Mont. Code Ann. § 3-10-204 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-204
3-10-204 Residence requirements
Status: in_force

3-10-204 . Residence requirements. (1) A justice of the peace must reside in the county in which the justice's court is held.

(2) A person is not eligible for the office of justice of the peace unless the person is a citizen of the United States and has been a resident of the county in which the person is to serve for 1 year preceding election or appointment.
Mont. Code Ann. § 3-1-504 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-504
3-1-504 Reentry on property after eviction
Status: in_force

3-1-504 . Reentry on property after eviction. A person who is dispossessed of or ejected from or out of any real property by the judgment or process of a court of competent jurisdiction and who, not having the right so to do, reenters into or upon or takes possession of the real property or induces or procures any person not having a right so to do or aids or abets that person to enter into or upon or take possession of the real property is guilty of a contempt of the court that rendered the judgment or that issued the process. Upon conviction for contempt, the court or justice of the peace shall immediately issue an alias process directed to the proper officer requiring that officer to restore the party entitled to the possession of that property, under the original judgment or process, to possession.
Mont. Code Ann. § 3-5-508 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-508
3-5-508 Docket
Status: in_force

3-5-508 . Docket. The docket is a book that the clerk of the district court keeps in the clerk's office, with each page divided into eight columns and headed as follows: judgment debtors; judgment creditors; judgment, time of entry; where entered in judgment book; appeals, when taken; judgment of appellate court; and satisfaction of judgment, when entered. If a judgment is for the recovery of money or damages, the amount must be stated in the docket under the heading of judgment. If the judgment is for any other relief, a memorandum of the general character of the relief granted must be stated. The names of the defendants must be entered in alphabetical order.
Mont. Code Ann. § 3-5-407 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-407
3-5-407 Sheriff to act as crier
Status: in_force

3-5-407 . Sheriff to act as crier. The sheriff in attendance upon district court must act as the crier thereof, call the parties and witnesses and all other persons bound to appear before the court, and make proclamation of the opening and adjournment of the court and of any other matter under its direction.
Mont. Code Ann. § 3-1-521 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-521
3-1-521 Proceedings when party fails to appear
Status: in_force

3-1-521 . Proceedings when party fails to appear. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
Mont. Code Ann. § 3-10-208 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-208
3-10-208 Office hours
Status: in_force

3-10-208 . Office hours. In the resolution providing for the salary, the county commissioners shall designate the office hours for each justice's court. Office hours shall be commensurate with the salary provided.
Mont. Code Ann. § 3-6-204 — MT Code / Title 3 / Chapter 6 / Part 2 / Section 3-6-204
3-6-204 Disqualification -- judge pro tempore
Status: in_force

3-6-204 . Disqualification -- judge pro tempore. When a judge of a municipal court has been disqualified or is sick or unable to act, the judge shall call in a sitting or retired judge of a court of record or an attorney who is a member of the state bar of Montana and is in good standing to act as a judge pro tempore. The judge pro tempore has the same power and authority as the municipal court judge.
Mont. Code Ann. § 3-6-101 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-101
3-6-101 Establishment of court
Status: in_force

3-6-101 . Establishment of court. (1) A city with a population of 4,000 or more, according to the last federal census, may have a court, known as the municipal court of the city of (designating the name of the city) of the state of Montana. The court must be a court of record. The municipal court shall assume continuing jurisdiction over all pending city court cases in the city in which the municipal court is established.

(2) A city may have a municipal court only if the governing body of the city elects by a two-thirds majority vote to adopt the provisions of this chapter by ordinance and, in the ordinance, provides the manner in which and time when the municipal court is to be established and is to assume continuing jurisdiction over all pending city court cases. If a city judge is not an attorney and the office is abolished because a municipal court is established, the ordinance must provide that the time when the establishment of the municipal court takes effect is the date on which the municipal court judge elected at the next election held under 3-6-201 begins the municipal court judge's term of office. The ordinance must be consistent with the provisions of this chapter.
Mont. Code Ann. § 3-1-606 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-606
3-1-606 Justice of the peace or constable not to purchase judgment
Status: in_force

3-1-606 . Justice of the peace or constable not to purchase judgment. (1) A justice of the peace may not purchase or be interested in the purchase of any judgment or part of a judgment on the justice's docket or on any docket in the justice's possession. A constable may not purchase or be interested in the purchase of any judgment or part of a judgment on the docket of a justice of the peace of the county of which the person is a constable or on a docket in the possession of a justice of the peace in that county.

(2) A violation of subsection (1) is a misdemeanor.
Mont. Code Ann. § 3-2-605 — MT Code / Title 3 / Chapter 2 / Part 6 / Section 3-2-605
3-2-605 Responsibilities of supreme court for security of data and information
Status: in_force

3-2-605 . Responsibilities of supreme court for security of data and information. The supreme court is responsible for ensuring an adequate level of security for data, as defined in 2-15-102 , within the judicial branch. In carrying out this responsibility, the supreme court shall, at a minimum:

(1) address the responsibilities prescribed in 2-15-114 ; and

(2) develop written minimum standards and guidelines for the judicial branch to follow in developing its security program.
Mont. Code Ann. § 3-1-301 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-301
3-1-301 Days on which courts may be held
Status: in_force

3-1-301 . Days on which courts may be held. Courts of justice may be held and judicial business transacted on any day, except as provided in 3-1-302 .
Mont. Code Ann. § 3-9-111 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-111
3-9-111 Petition to workers' compensation judge -- time limit on filing
Status: in_force

3-9-111 . Petition to workers' compensation judge -- time limit on filing. (1) If a claimant, an insurer, an employer alleged to be an uninsured employer, or the uninsured employers' fund has a dispute concerning any benefits under Title 39, chapter 71, it may petition the workers' compensation judge for a determination of the dispute after satisfying dispute resolution requirements otherwise provided in Title 39, chapter 71. In addition, the district court that has jurisdiction over a pending action under 39-71-515 may request the workers' compensation judge to determine the amount of recoverable damages due to the employee. The judge, after a hearing, shall make a determination of the dispute in accordance with the law as set forth in Title 39, chapter 71. If the dispute relates to benefits due to a claimant under Title 39, chapter 71, the judge shall fix and determine any benefits to be paid and specify the manner of payment. After parties have satisfied dispute resolution requirements provided elsewhere in Title 39, chapter 71, the workers' compensation judge has exclusive jurisdiction to make determinations concerning disputes under Title 39, chapter 71, except as provided in 39-71-317 and 39-71-516 . The penalties and assessments allowed against an insurer under Title 39, chapter 71, are the exclusive penalties and assessments that can be assessed by the workers' compensation judge against an insurer for disputes arising under Title 39, chapter 71.

(2) A petition for a hearing before the workers' compensation judge must be filed within 2 years after benefits are denied.

(3) A claimant, an insurer, or the uninsured employers' fund may petition the workers' compensation judge for the appointment of a benefits administrator. A party is not required to satisfy the dispute resolution requirements provided in this chapter prior to petitioning for a benefits administrator. The workers' compensation judge has jurisdiction to appoint and terminate appointment of a benefits administrator.
Mont. Code Ann. § 3-11-103 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-103
3-11-103 Exclusive jurisdiction
Status: in_force

3-11-103 . Exclusive jurisdiction. Except as provided in 3-11-104 , the city court has exclusive jurisdiction of:

(1) proceedings for the violation of an ordinance of the city or town, both civil and criminal;

(2) when the amount of the taxes or assessments sought does not exceed $9,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action:

(a) city or town purposes;

(b) the erection or improvement of public buildings;

(c) the laying out, opening, or improving of a public street, sidewalk, alley, or bridge;

(d) the acquisition or improvement of any public grounds; and

(e) public improvements made or ordered by the city or town within its limits;

(3) actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $9,500;

(4) when the amount claimed, exclusive of costs, does not exceed $9,500, actions for:

(a) the breach of an official bond given by a city or town officer;

(b) the breach of any contract when the city or town is a party or is in any way interested;

(c) damages when the city or town is a party or is in any way interested;

(d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and

(e) collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (4)(a) through (4)(d);

(5) actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $9,500; and

(6) actions for the collection of a license fee required by an ordinance of the city or town.
Mont. Code Ann. § 3-5-604 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-604
3-5-604 Court reporters -- transcript of district court proceedings -- costs
Status: in_force

3-5-604 . Court reporters -- transcript of district court proceedings -- costs. (1) When a transcript of the testimony and proceedings of a trial or hearing or a part of a trial or hearing is requested, a court reporter shall furnish the transcript to the requester with all reasonable diligence. The court reporter shall submit an invoice with the transcript when it is furnished. The court reporter may withhold delivery of the transcript until the transcription fee is paid or satisfactory arrangement for payment is made.

(2) Compensation for transcripts under this section is as follows:

(a) (i) Ordinary transcript - $2 per page for the original furnished to a state or local government agency, $2.50 per page for the original furnished to any other party, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(ii) Expedited transcript - $4 per page for the original, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(iii) Daily transcript - $5 per page for the original, 50 cents per page for the first copy to each party, and 25 cents per page for each additional copy to the same party.

(b) (i) The transcript cost is subject to a cost-of-living adjustment as provided in subsection (2)(b)(ii).

(ii) Prior to June 30 of each even-numbered year, the office of the court administrator shall determine whether an increase of the transcript amount specified in subsections (2)(a)(i) through (2)(a)(iii) must be made based on the increase, if any, from June of the preceding year to May of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor.

(iii) The transcript amount established under subsection (2)(b)(ii) must be rounded to the nearest 5 cents and becomes effective as the new transcript cost, replacing the costs specified in subsections (2)(a)(i) through (2)(a)(iii), on July 1 of the year following the year the calculation was made. The office of the court administrator shall publish the adjusted costs on the judicial branch website prior to July 1 of each year.

(3) If the court reporter is not entitled to retain transcription fees under 3-5-601 , the transcription fees required by subsection (2) must be paid to the clerk of district court, who shall forward the amount to the department of revenue for deposit in the state general fund.

(4) (a) If the county attorney, attorney general, or judge requires a transcript in a criminal case, the reporter shall furnish it. The transcription fee must be paid by the office of court administrator as provided in 3-5-901 . The office of the court administrator may pay only for ordinary transcripts and may not pay for daily or expedited transcripts.

(b) If the judge requires a copy in a civil case to assist in rendering a decision, the reporter shall furnish the copy without charge.

(c) In civil cases, all transcripts required by the county must be furnished and must be paid for by the county pursuant to subsection (2).

(5) (a) If a public defender, as defined in 47-1-103 , requests a transcript, the transcript must be furnished to the public defender and paid for by the office of state public defender, as provided in 47-1-119 .

(b) If an indigent party is eligible for a public defender but is acting pro se and requests a transcript, the transcript must be furnished to the party and paid for by the office of court administrator, as provided in 3-5-901 .

(6) As used in this section, the following definitions apply:

(a) "Copy" means any replication of the original transcript regardless of the medium.

(b) "Daily transcript" means a transcript of all or part of the proceedings to be delivered the following day.

(c) "Expedited transcript" means a transcript of all or part of the proceedings to be delivered within 7 calendar days.

(d) "Ordinary transcript" means a transcript of all or part of the proceedings.
Mont. Code Ann. § 3-5-511 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-511
3-5-511 Witnesses' warrants -- state reimbursement
Status: in_force

3-5-511 . Witnesses' warrants -- state reimbursement. (1) The witnesses in criminal actions, witnesses called by a public defender, as defined in 47-1-103 , and witnesses called in a grand jury proceeding shall report their presence to the clerk the first day they attend under the subpoena.

(2) At the time any witness is excused from further attendance, the clerk shall give to the witness a county warrant, signed by the clerk, in which must be stated the name of the witness, the number of days in attendance, the number of miles traveled, and the amount due pursuant to Title 26, chapter 2, part 5, and 46-15-116 .

(3) The state shall reimburse the clerk for the amount specified in the warrant as follows:

(a) if the witness was subpoenaed by the prosecution in a criminal proceeding or in a grand jury or by an indigent defendant acting pro se, the amount must be reimbursed by the office of court administrator as provided in 3-5-901 ; or

(b) if the witness was subpoenaed by a public defender, the amount must be reimbursed by the office of state public defender as provided in 47-1-119 .
Mont. Code Ann. § 3-1-520 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-520
3-1-520 Penalty to compel performance
Status: in_force

3-1-520 . Penalty to compel performance. When the sanction imposed for a contempt seeks to compel the contemnor to perform an act that is in the power of the contemnor to perform, the contemnor may be incarcerated, subjected to a fine in an amount not to exceed $500, or both, until the contemnor has performed the act. The act must be specified in the warrant of commitment.
Mont. Code Ann. § 3-2-102 — MT Code / Title 3 / Chapter 2 / Part 1 / Section 3-2-102
3-2-102 Qualifications and residence
Status: in_force

3-2-102 . Qualifications and residence. (1) A person is not eligible for the office of justice of the supreme court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.

(2) Justices of the supreme court must reside within the state during their terms of office.
Mont. Code Ann. § 3-1-1603 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1603
3-1-1603 District court council vacancies
Status: in_force

3-1-1603 . District court council vacancies. (1) In the event that a vacancy on the district court council occurs, the supreme court shall appoint a replacement for the remainder of the term. The replacement must be a member of the same group as the member replaced.

(2) Appointments provided for in this section must be made within 30 days of the occurrence of the vacancy.
Mont. Code Ann. § 3-10-701 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-701
3-10-701 Constables to attend court
Status: in_force

3-10-701 . Constables to attend court. Constables must attend the courts of justices of the peace within their counties whenever so required and execute, serve, and return all process and notices directed or delivered to them by a justice of the peace or by any competent authority of such county.
Mont. Code Ann. § 3-1-907 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-907
3-1-907 Duration of appointment -- election for remainder of term
Status: in_force

3-1-907 . Duration of appointment -- election for remainder of term. (1) If an appointment subject to 3-1-905 is confirmed by the senate, the appointee shall serve until the appointee or another person elected at the first general election after confirmation is elected and qualified. The candidate elected at that election holds the office for the remainder of the unexpired term.

(2) If an incumbent judge or justice files for election to the office to which the judge or justice was elected or appointed and no other candidate files for election to that office, the name of the incumbent must nevertheless be placed on the general election ballot to allow voters of the district or state to approve or reject the incumbent. If an incumbent is rejected at an election for approval or rejection, the incumbent shall serve until the day before the first Monday of January following the election, at which time the office is vacant and another appointment must be made.
Mont. Code Ann. § 3-2-503 — MT Code / Title 3 / Chapter 2 / Part 5 / Section 3-2-503
3-2-503 Accounts of marshal
Status: in_force

3-2-503 . Accounts of marshal. All accounts of the marshal must be filed in the supreme court in a bill of items under oath certified by the chief justice and, when properly chargeable against the state and approved by the department of administration, must be paid out of the state treasury upon the warrant of the state treasurer.
Mont. Code Ann. § 3-10-116 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-116
3-10-116 Disqualification of justice of peace for justice's court of record -- judge pro tempore
Status: in_force

3-10-116 . Disqualification of justice of peace for justice's court of record -- judge pro tempore. (1) When a justice of the peace for a justice's court of record has been disqualified or is sick or unable to act, the justice shall call in another justice of the peace for a justice's court of record, another justice of the peace for a justice's court not of record, a municipal court judge, a judge for a city court of record, a judge for a city court not of record, a retired justice of the peace for a justice's court of record, a retired municipal court judge, a retired judge for a city court of record, a licensed Montana attorney on active, inactive, or senior status, or the clerk of the justice's court of record to act as a judge pro tempore.

(2) (a) Except as provided in subsection (2)(b), the judge pro tempore has the same power and authority as the justice of the peace for the justice's court of record.

(b) A clerk of a justice's court of record acting as a judge pro tempore may not preside over a trial but may preside over an initial appearance.
Mont. Code Ann. § 3-1-403 — MT Code / Title 3 / Chapter 1 / Part 4 / Section 3-1-403
3-1-403 Power to punish for contempt
Status: in_force

3-1-403 . Power to punish for contempt. For the effectual exercise of the powers conferred by 3-1-402 , a judicial officer may punish for contempt in the cases provided in this code.
Mont. Code Ann. § 3-10-222 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-222
3-10-222 Collection and payment of money
Status: in_force

3-10-222 . Collection and payment of money. A justice of the peace may require the sheriff, levying officer, or constable of any county to pay over all money collected on any process or order issued from the justice's court and to pay all money paid to the justice in the justice's official capacity over to the parties entitled or authorized to receive the money, without delay.
Mont. Code Ann. § 3-7-502 — MT Code / Title 3 / Chapter 7 / Part 5 / Section 3-7-502
3-7-502 Jurisdictional disputes
Status: in_force

3-7-502 . Jurisdictional disputes. Whenever a question arises concerning which water judge shall preside over adjudication of a matter concerning a case certified to the court under 85-2-309 or the determination and interpretation of existing water rights, the question shall be settled by the water judges involved.
Mont. Code Ann. § 3-1-401 — MT Code / Title 3 / Chapter 1 / Part 4 / Section 3-1-401
3-1-401 Powers of judges out of court
Status: in_force

3-1-401 . Powers of judges out of court. A justice or judge may exercise out of court all the powers expressly conferred upon a justice or judge, as contradistinguished from the court.
Mont. Code Ann. § 3-15-504 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-504
3-15-504 Drawing by two or more judges in same district
Status: in_force

3-15-504 . Drawing by two or more judges in same district. In districts where there are two or more judges, each judge may order jurors drawn and summoned to attend the session or term over which that judge presides, as provided in this part.
Mont. Code Ann. § 3-10-201 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-201
3-10-201 Election
Status: in_force

3-10-201 . Election. (1) Except as provided in 3-10-206 , each justice of the peace must be elected by the qualified electors of the county at the general state election immediately preceding the expiration of the term of office of the justice of the peace's predecessor.

(2) A justice of the peace must be nominated and elected on the nonpartisan judicial ballot in the same manner as judges of the district court.

(3) Each judicial office must be a separate and independent office for election purposes, each office must be numbered by the county commissioners, and each candidate for justice of the peace shall specify the number of the office for which the candidate seeks to be elected. A candidate may not file for more than one office.
Mont. Code Ann. § 3-11-203 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-203
3-11-203 When substitute for judge called in
Status: in_force

3-11-203 . When substitute for judge called in. (1) The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is:

(a) a party in a case;

(b) interested in a case;

(c) the spouse of or related to either party in a case by consanguinity or affinity within the sixth degree; or

(d) sick, absent, or unable to act.

(2) The city judge may call in a city judge, justice of the peace, or some qualified person to act in the city judge's place when a disqualifying affidavit is filed against the judge pursuant to the supreme court's rules on disqualification and substitution of judges.

(3) A city judge of any city or a justice of the peace of any county may sit as city judge at the city judge's request.
Mont. Code Ann. § 3-10-705 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-705
3-10-705 Authority of deputy
Status: in_force

3-10-705 . Authority of deputy. The person so deputed shall have the authority of a constable in relation to the service, execution, and return of such process and shall be subject to the same obligations.
Mont. Code Ann. § 3-10-303 — MT Code / Title 3 / Chapter 10 / Part 3 / Section 3-10-303
3-10-303 Criminal jurisdiction
Status: in_force

3-10-303 . Criminal jurisdiction. (1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows:

(a) except as provided in subsection (2), jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both;

(b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both;

(c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both;

(d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both;

(e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings;

(f) jurisdiction of all violations of Title 61, chapter 10; and

(g) all misdemeanor violations of Title 81, chapter 8, part 2.

(2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.
Mont. Code Ann. § 3-10-602 — MT Code / Title 3 / Chapter 10 / Part 6 / Section 3-10-602
3-10-602 Penalty
Status: in_force

3-10-602 . Penalty. A justice of the peace violating 3-10-601 is guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not exceeding 6 months in the county jail, or both. The violator is also guilty of malfeasance in office and, in the discretion of the court, may be removed from office. A person removed from office is disqualified from holding the office of justice of the peace.
Mont. Code Ann. § 3-1-1507 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1507
3-1-1507 Disqualification
Status: in_force

3-1-1507 . Disqualification. Each judge shall complete a course of training and education as required by 3-1-1502 . Subject to 3-1-1503 , failure to obtain a certificate of completion disqualifies the elected or appointed judge from assuming office and creates a vacancy in the office.
Mont. Code Ann. § 3-10-221 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-221
3-10-221 Duties of justices
Status: in_force

3-10-221 . Duties of justices. Justices of the peace must perform such duties as are prescribed in this chapter, chapter 31 of Title 25, and Title 27 and any other duties prescribed by law.
Mont. Code Ann. § 3-11-301 — MT Code / Title 3 / Chapter 11 / Part 3 / Section 3-11-301
3-11-301 City attorney to prosecute
Status: in_force

3-11-301 . City attorney to prosecute. Except as provided in 46-17-203 , the city attorney must prosecute all cases for the violation of any ordinance and prosecute, conduct, and control all proceedings in cases mentioned in 3-11-103 , both in the city court and on appeal from the city court to the district court.
Mont. Code Ann. § 3-1-814 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-814
3-1-814 Calling of subsequent district judges -- random selection
Status: in_force

3-1-814 . Calling of subsequent district judges -- random selection. (1) When calling in subsequent district judges, a judge who has been substituted, disqualified for cause, or recused shall follow the procedure for the random selection of subsequent district judges as established by the office of the court administrator.

(2) For the purposes of this section, "random selection" means a selection from a larger group by chance. The random selection of subsequent judges must include a mechanism to ensure that the subsequent district judge's judicial district is reasonably close geographically to the judicial district of the original judge while still remaining random.
Mont. Code Ann. § 3-10-301 — MT Code / Title 3 / Chapter 10 / Part 3 / Section 3-10-301
3-10-301 Civil jurisdiction
Status: in_force

3-10-301 . Civil jurisdiction. (1) Except as provided in 3-11-103 and in subsection (2) of this section, the justices' courts have jurisdiction:

(a) in actions arising on contract for the recovery of money only if the sum claimed does not exceed $15,000, exclusive of court costs and attorney fees;

(b) in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for taking, detaining, or injuring personal property or for injury to real property when no issue is raised by the verified answer of the defendant involving the title to or possession of the real property;

(c) in actions for damages not exceeding $15,000, exclusive of court costs and attorney fees, for injury to the person, except that, in actions for false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of paternity, and abduction, the justice of the peace does not have jurisdiction;

(d) in actions to recover the possession of personal property if the value of the property does not exceed $15,000;

(e) in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or an ordinance of an incorporated city or town when no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine;

(f) in actions for a fine, penalty, or forfeiture not exceeding $15,000 imposed by a statute or assessed by an order of a conservation district for violation of Title 75, chapter 7, part 1;

(g) in actions upon bonds or undertakings conditioned for the payment of money when the sum claimed does not exceed $15,000, though the penalty may exceed that sum;

(h) to take and enter judgment for the recovery of money on the confession of a defendant when the amount confessed does not exceed $15,000, exclusive of court costs and attorney fees;

(i) to issue temporary restraining orders, as provided in 40-4-121 , and orders of protection, as provided in Title 40, chapter 15;

(j) to issue orders to restore streams under Title 75, chapter 7, part 1, or to require payment of the actual cost for restoration of a stream if the restoration does not exceed $15,000.

(2) Justices' courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.
Mont. Code Ann. § 3-5-204 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-204
3-5-204 Computation of term of office
Status: in_force

3-5-204 . Computation of term of office. The years during which a judge of a district court is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January of the next succeeding year.
Mont. Code Ann. § 3-15-313 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-313
3-15-313 Who may be excused -- affidavit to claim excuse -- permanent exclusion for chronically incapacitated
Status: in_force

3-15-313 . Who may be excused -- affidavit to claim excuse -- permanent exclusion for chronically incapacitated. (1) The court or the jury commissioner with the approval of the court shall excuse a person from jury service on finding that jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person. An excuse may be granted if the prospective juror is a breastfeeding mother or otherwise has a personal obligation to provide actual and necessary care to another, including a sick, aged, or special needs dependent who requires the prospective juror's personal care and attention, and comparable substitute care is either unavailable or impractical without imposing an undue economic hardship on the prospective juror or dependent person.

(2) If a person believes jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person, the person may make and transmit an affidavit to the jury commissioner for which the person is summoned, stating the person's occupation or other facts that the person believes will excuse the person from jury service. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or the jury commissioner with the approval of the court shall excuse a prospective juror from jury service if the prospective juror satisfies the provisions of subsection (1).

(3) A person who is chronically incapacitated by illness or injury may request a permanent exclusion from jury service by making and transmitting an affidavit to the jury commissioner of the person's place of residence. The affidavit must include a certification by the person's physician that the person is chronically incapacitated by illness or injury. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or jury commissioner with the approval of the court may permanently excuse a prospective juror from jury service if the prospective juror satisfies the provisions of this subsection (3).

(4) For the purposes of subsection (3), a person is chronically incapacitated if the person has a condition due to an illness or injury that restricts the person's ability to leave the person's place of residence without the aid of supportive devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the person's ability to leave home without the use of special transportation or the assistance of another person, or that causes leaving home to be medically contraindicated. Examples of factors to be taken into account in determining whether chronic incapacitation exists include but are not limited to the following:

(a) paralysis by a stroke or other cause;

(b) blindness;

(c) senility;

(d) loss of the use of a person's extremities requiring the assistance of another in leaving the person's place of residence;

(e) arteriosclerotic heart disease of such severity that a person is required to avoid all stress and physical activity; or

(f) a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such a nature that it would not be considered safe for the person to leave home unattended, even if there are no physical limitations.

(5) On the request of a person who is 75 years of age or older, the court or the jury commissioner shall excuse the person from jury service.
Mont. Code Ann. § 3-10-202 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-202
3-10-202 Oath -- proof of certification
Status: in_force

3-10-202 . Oath -- proof of certification. (1) Each justice of the peace, elected or appointed, after receipt of the certificate of election or appointment, shall, before entering upon the duties of office, take the constitutional oath of office, which must be filed with the county clerk.

(2) Before the county clerk may file the oath, the elected or appointed justice shall satisfy the clerk that the justice is certified as provided in 3-1-1502 or 3-1-1503 .
Mont. Code Ann. § 3-7-311 — MT Code / Title 3 / Chapter 7 / Part 3 / Section 3-7-311
3-7-311 Duties of water masters
Status: in_force

3-7-311 . Duties of water masters. (1) The water master has the general powers given to a master by Rule 53(c), M.R.Civ.P.

(2) Within a reasonable time after June 30, 1983, the water master shall issue a report to the water judge meeting the requirements for the preliminary decree as specified in 85-2-231 .

(3) After a water judge issues a preliminary decree, the water master shall assist the water judge in the performance of the water division's further duties as ordered by the water judge.

(4) A water master may be appointed by a district court to serve as a special master to a district court for actions brought pursuant to 85-2-114 (1) or (3) or 85-5-301 if the appointment is approved by the chief water judge.
Mont. Code Ann. § 3-10-1001 — MT Code / Title 3 / Chapter 10 / Part 10 / Section 3-10-1001
3-10-1001 Purpose
Status: in_force

3-10-1001 . Purpose. It is the purpose of this part and Title 25, chapter 35, to provide a speedy remedy for small claims and to promote a forum in which such claims may be heard and disposed of without the necessity of a formal trial.
Mont. Code Ann. § 3-5-509 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-509
3-5-509 Docket to be available for inspection
Status: in_force

3-5-509 . Docket to be available for inspection. The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk shall arrange the several dockets kept by the clerk in a manner that facilitates their inspection.
Mont. Code Ann. § 3-1-1503 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1503
3-1-1503 Exception -- temporary certificate
Status: in_force

3-1-1503 . Exception -- temporary certificate. (1) Section 3-1-1502 does not apply to a judge who has received a temporary certificate issued by the commission as provided for in subsection (2).

(2) The commission may issue a temporary certificate enabling a judge to assume the functions of the office pending completion of a course as required by 3-1-1502 . The temporary certificate must be in a form and subject to the terms and conditions prescribed by the commission.

(3) The commission may issue a temporary certificate only if:

(a) the judge is appointed or elected after the course is offered; or

(b) the commission grants an excuse because of a personal illness, a death in the family, or other good cause.

(4) The appointing authority for an appointed judge shall notify the commission of the person appointed, and the person appointed must be certified as provided in 3-1-1502 or this section prior to assuming office.
Mont. Code Ann. § 3-10-511 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-511
3-10-511 Records delivered to successor
Status: in_force

3-10-511 . Records delivered to successor. Each justice of the peace, upon the expiration of the term of office, shall deposit with the justice's successor the official dockets and all papers or electronically filed or stored documents that were filed in the court during the justice's term of office or before, to be kept as public records.
Mont. Code Ann. § 3-1-1123 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1123
3-1-1123 Public statements by commission
Status: in_force

3-1-1123 . Public statements by commission. In any case in which the subject matter becomes public, through the citizen complainant, through independent sources, through a waiver of confidentiality by the judge against whom the complaint has been filed, or under other circumstances as the commission considers appropriate, the commission may issue statements as it considers appropriate in order to:

(1) confirm the pendency of the investigation;

(2) clarify the procedural aspects of the disciplinary proceedings;

(3) explain the right of the judge to a fair hearing without prejudgment;

(4) state that the judge denies the allegations; or

(5) declare that there is insufficient evidence for a finding of good cause.
Mont. Code Ann. § 3-1-502 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-502
3-1-502 Order refused -- subsequent applications prohibited
Status: in_force

3-1-502 . Order refused -- subsequent applications prohibited. (1) If an application for an order, made to a judge of a court in which the action or proceeding is pending, is refused in whole or in part or is granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court.

(2) Nothing in this section refers to motions refused for informality in the papers or proceedings necessary to obtain the order or to motions refused with liberty to renew the same.
Mont. Code Ann. § 3-7-101 — MT Code / Title 3 / Chapter 7 / Part 1 / Section 3-7-101
3-7-101 Water divisions
Status: in_force

3-7-101 . Water divisions. To adjudicate existing water rights and to conduct hearings in cases certified under 85-2-309 , water divisions are established as defined in 3-7-102 . A water division shall be presided over by a water judge.
Mont. Code Ann. § 3-20-102 — MT Code / Title 3 / Chapter 20 / Part 1 / Section 3-20-102
3-20-102 Asbestos claims judge
Status: in_force

3-20-102 . Asbestos claims judge. (1) A civil action involving an asbestos-related claim may be tried by a judge pro tempore or special master, who must be a member of the bar of the state, agreed upon in writing by the parties litigant or their attorneys of record, appointed by the supreme court as provided in 3-5-115 , and sworn to try the cause before entering upon the duties in trying the cause. Upon appointment, the individual must be designated as the asbestos claims judge. The right to a jury trial is not waived by the stipulation to and appointment of the asbestos claims judge.

(2) The asbestos claims judge has the authority and power of an elected district court judge in the civil action involving an asbestos-related claim. All proceedings before the asbestos claims judge must be conducted in accordance with the rules of evidence and procedure governing district courts.

(3) Any order, judgment, or decree made or rendered in an asbestos-related civil case by the asbestos claims judge has the same force and effect as if made or rendered by the district court with the regular judge presiding.

(4) A party stipulating to have an asbestos-related claim heard by the asbestos claims judge may not file a motion for substitution of the judge pursuant to 3-1-804 .

(5) All filings relating to an asbestos-related claim must be filed with the clerk of court in the judicial district in which the claim arose. The parties shall provide a copy of each filing to the asbestos claims judge.
Mont. Code Ann. § 3-1-710 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-710
3-1-710 Terminated
Status: in_force

3-1-710 . Terminated. Sec. 8, Ch. 241, L. 2017.
Mont. Code Ann. § 3-2-201 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-201
3-2-201 Types of jurisdiction
Status: in_force

3-2-201 . Types of jurisdiction. The jurisdiction of the supreme court is of two kinds:

(1) original; and

(2) appellate.
Mont. Code Ann. § 3-15-602 — MT Code / Title 3 / Chapter 15 / Part 6 / Section 3-15-602
3-15-602 Who constitutes jury
Status: in_force

3-15-602 . Who constitutes jury. (1) When 11 of the persons summoned as grand jurors who are competent and not excused are present, they constitute the grand jury.

(2) When more than 11 are present, the jury commissioner shall write their names on separate ballots and place the ballots in black capsules. The capsules must be deposited in a box large enough to hold all of the capsules without crowding. The box must be arranged so that the jury commissioner drawing the capsules from the box is unable to see the capsule that the commissioner is about to draw. The jury commissioner shall draw 11 capsules. The persons whose names are on the ballots so drawn shall constitute the grand jury.

(3) When less than 11 are present, the court shall order a sufficient number to be immediately drawn as provided in 3-15-601 (2) and summoned to attend the court.
Mont. Code Ann. § 3-2-202 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-202
3-2-202 Original jurisdiction -- review of ballot statements
Status: in_force

3-2-202 . Original jurisdiction -- review of ballot statements. (1) In the exercise of its original jurisdiction, the supreme court has power to issue writs of mandamus, certiorari, prohibition, injunction, and habeas corpus.

(2) The supreme court has the power to issue all other writs necessary and proper to the complete exercise of its appellate jurisdiction.

(3) (a) The supreme court has original jurisdiction to review the petitioner's ballot statements for initiated measures and the attorney general's ballot statements for referred measures and the attorney general's legal sufficiency determination in an action brought pursuant to 13-27-605 .

(b) (i) In an original proceeding under subsection (3)(a), the petitioner and the attorney general shall certify the absence of factual issues or shall stipulate to and file any factual record necessary to the supreme court's consideration of the petitioner's ballot statements or the attorney general's legal sufficiency determination.

(ii) If the parties to an original proceeding under subsection (3)(a) fail to make the certification or stipulation required by subsection (3)(b)(i), the supreme court shall refer the proceeding to the district court in the county of residence of the lead petitioner for development of a factual record and an order that addresses the issues provided in 13-27-605 (3). Any party may appeal the order of the district court to the supreme court by filing a notice of appeal within 5 days of the date of the order of the district court. If a lead petitioner has not been designated in accordance with this section or if the parties to the proceeding agree, the proceeding must be referred to the district court for Lewis and Clark County.

(4) As used in this section, "lead petitioner" means an individual designated by the petitioner or petitioners on a form provided by the secretary of state.

(5) Nothing in subsection (3) limits the right to challenge a ballot issue enacted by a vote of the people.
Mont. Code Ann. § 3-1-1601 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1601
3-1-1601 District court council -- administration of state funding of district courts
Status: in_force

3-1-1601 . District court council -- administration of state funding of district courts. (1) The district court council shall adopt policies and procedures to administer the state-funded district court program as established in 3-5-901 .

(2) The court administrator appointed under 3-1-701 shall administer the policies and procedures adopted under this section.

(3) Money appropriated for the district court program may not be used for any other purpose.
Mont. Code Ann. § 3-1-1121 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1121
3-1-1121 Public disclosure required
Status: in_force

3-1-1121 . Public disclosure required. (1) If the commission finds good cause to order a hearing pursuant to 3-1-1106 (2), the commission must allow public access to:

(a) all papers pertaining to each finding of good cause, including charges that are later determined not to be grounds for recommending retirement or disciplinary action to the supreme court;

(b) the proceedings in which the commission or masters hear the charges against a judge; and

(c) all transcripts or recordings of proceedings before the commission or masters pertaining to the matters described in subsections (1)(a) and (1)(b).

(2) A complaint must be made public on request by a member of the public 12 years after dismissal.
Mont. Code Ann. § 3-1-801 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-801
3-1-801 Superseded
Status: in_force

3-1-801 . Superseded. Sup. Ct. Ord. June 29, 1981.
Mont. Code Ann. § 3-20-103 — MT Code / Title 3 / Chapter 20 / Part 1 / Section 3-20-103
3-20-103 Asbestos claims court -- venue -- jury pool
Status: in_force

3-20-103 . Asbestos claims court -- venue -- jury pool. (1) The asbestos claims judge may hear an asbestos-related claim in any venue stipulated by the parties as provided in 25-2-202 or in any venue otherwise determined by the asbestos claims judge in accordance with a stipulation of the parties. In stipulating venue, the parties shall take into consideration the availability of courtroom facilities. The asbestos claims court may prepare a list of available courtroom facilities for consideration of the parties.

(2) The pool of prospective jurors for an asbestos-related claim may be drawn from any county in accordance with a stipulation of the parties. The jurors must be drawn, as provided in 3-15-501 and 3-15-503 , from the jury lists of the counties comprising the jury pool. The clerk of the district court for the district in which the trial is conducted shall notify the prospective jurors.
Mont. Code Ann. § 3-1-1605 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1605
3-1-1605 No compensation -- travel expenses
Status: in_force

3-1-1605 . No compensation -- travel expenses. The members of the district court council are not entitled to compensation for their services, but are entitled to travel expenses, as provided for in 2-18-501 through 2-18-503 , while engaged in the discharge of council duties.
Mont. Code Ann. § 3-5-501 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-501
3-5-501 General duties -- electronic filing and storage of court records
Status: in_force

3-5-501 . General duties -- electronic filing and storage of court records. (1) The clerk of the district court, in addition to keeping the records and performing the duties prescribed elsewhere, shall:

(a) take charge of and safely keep or dispose of according to law all books, papers, and records that are filed or deposited in the clerk's office;

(b) act as clerk of the district court and attend each term or session of the court and upon the judges at chambers when required;

(c) issue all process and notices required to be issued;

(d) enter all orders, judgments, and decrees proper to be entered;

(e) keep in each court a register of actions, as provided in 3-5-504 ;

(f) keep for the district court two separate indexes, one labeled "General Index--Plaintiffs" and the other labeled "General Index--Defendants", which must be in the form prescribed in 3-5-502 ;

(g) keep a minute book, which must contain the daily proceedings of court, which may be signed by the clerk;

(h) keep a fee book, in which must be shown in an itemized form all fees received for any services rendered in the capacity as clerk.

(2) The clerk of the district court may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115 , in lieu of or in addition to keeping paper records.
Mont. Code Ann. § 3-1-1111 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1111
3-1-1111 Orders for retirement or removal
Status: in_force

3-1-1111 . Orders for retirement or removal. (1) Upon an order for retirement, the judicial officer must be retired with the same rights and privileges as if the officer retired pursuant to statute.

(2) Upon an order for removal, the judicial officer must be removed from office and the officer's salary must cease from the date of the order. The officer is ineligible for any other judicial office and pending a further order of the court is suspended from practicing law.
Mont. Code Ann. § 3-2-502 — MT Code / Title 3 / Chapter 2 / Part 5 / Section 3-2-502
3-2-502 Duties of marshal
Status: in_force

3-2-502 . Duties of marshal. (1) It is the duty of the marshal to be present and to assist the supreme court and the justices of the supreme court at each term of court. The marshal is the executive officer of the court and shall act as crier of the court.

(2) The marshal shall serve within the state all returns and processes issuing from the supreme court and has all the powers and shall exercise all the duties that sheriffs have to the district courts to the extent that the duties are applicable.

(3) The marshal shall act as a law clerk for the supreme court justices.
Mont. Code Ann. § 3-10-1003 — MT Code / Title 3 / Chapter 10 / Part 10 / Section 3-10-1003
3-10-1003 Location -- hours
Status: in_force

3-10-1003 . Location -- hours. The small claims division of justice's court shall be located at the same place as the justice's court and shall be open during the same hours as the justice's court.
Mont. Code Ann. § 3-2-406 — MT Code / Title 3 / Chapter 2 / Part 4 / Section 3-2-406
3-2-406 Deputy clerk
Status: in_force

3-2-406 . Deputy clerk. The clerk of the supreme court shall appoint a deputy who, in the absence of the principal or in the case of vacancy in the office, shall perform all the duties of office until the disability is removed or the vacancy is filled. The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of the duties.
Mont. Code Ann. § 3-7-225 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-225
3-7-225 Duties of associate water judge
Status: in_force

3-7-225 . Duties of associate water judge. The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223 (1) through (3).
Mont. Code Ann. § 3-15-302 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-302
3-15-302 Inhabitants of local government jurisdiction competent
Status: in_force

3-15-302 . Inhabitants of local government jurisdiction competent. (1) On the trial of an action in which a city or town is interested, the inhabitants thereof are competent jurors if otherwise competent and qualified according to law.

(2) On the trial on an action in which the county is interested, the inhabitants of such county are competent jurors if otherwise competent and qualified according to law.
Mont. Code Ann. § 3-1-111 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-111
3-1-111 Powers respecting conduct of business
Status: in_force

3-1-111 . Powers respecting conduct of business. Every court has power to:

(1) preserve and enforce order in its immediate presence;

(2) enforce order in the proceedings before it or before a person or persons empowered to conduct a judicial investigation under its authority;

(3) provide for the orderly conduct of proceedings before it or its officers;

(4) compel obedience to its judgments, orders, and process and to the orders of a judge out of court in an action or proceeding pending therein;

(5) control, in furtherance of justice, the conduct of its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every other matter appertaining thereto;

(6) compel the attendance of persons to testify in an action or proceeding pending therein in the cases and manner provided in this code;

(7) administer oaths in an action or proceeding pending therein and in all other cases where it may be necessary in the exercise of its powers and duties;

(8) amend and control its process and orders so as to make them conformable to law and justice.
Mont. Code Ann. § 3-5-301 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-301
3-5-301 Kinds of jurisdiction
Status: in_force

3-5-301 . Kinds of jurisdiction. The jurisdiction of the district court is of two kinds:

(1) original; and

(2) appellate.
Mont. Code Ann. § 3-7-202 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-202
3-7-202 Term of office
Status: in_force

3-7-202 . Term of office. The term of office for water judges is from the date of initial appointment as provided in 3-7-201 to June 30, 1985. After June 30, 1985, the term of office of a water judge is 4 years, subject to continuation of the water divisions by the legislature.
Mont. Code Ann. § 3-7-401 — MT Code / Title 3 / Chapter 7 / Part 4 / Section 3-7-401
3-7-401 Definitions
Status: in_force

3-7-401 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Fiduciary" includes such relationships as executor, administrator, trustee, or guardian.

(2) "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that:

(a) ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the judge or water master participates in the management of the fund;

(b) an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization;

(c) the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association or a similar proprietary interest is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and

(d) ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.

(3) "Proceeding" includes prehearing, hearing, appellate review, or other stages of adjudication conducted by the water master or water judge.
Mont. Code Ann. § 3-7-203 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-203
3-7-203 Vacancies
Status: in_force

3-7-203 . Vacancies. If a vacancy in the office of water judge occurs, it must be filled in the manner provided in 3-7-201 for the initial designation of a water judge. A vacancy is created when a water judge dies, resigns, retires, is not elected to a subsequent term, forfeits the judicial position, is removed, or is otherwise unable to complete the term as a water judge.
Mont. Code Ann. § 3-11-110 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-110
3-11-110 Appeal to district court from city court of record -- record on appeal
Status: in_force

3-11-110 . Appeal to district court from city court of record -- record on appeal. (1) A party may appeal to district court a judgment or order from a city court of record. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority.

(2) The record on appeal to district court consists of an electronic recording or stenographic transcription of a case tried, together with all papers filed in the action.

(3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the court from which the appeal was taken.

(4) Unless the supreme court establishes rules for appeal from a city court of record to the district court, the Montana Uniform Municipal Court Rules of Appeal to District Court, codified in Title 25, chapter 30, apply to appeals to district court from the city court of record.
Mont. Code Ann. § 3-5-902 — MT Code / Title 3 / Chapter 5 / Part 9 / Section 3-5-902
3-5-902 Fiscal administration for payment of court expenses
Status: in_force

3-5-902 . Fiscal administration for payment of court expenses. The supreme court administrator shall establish procedures for the direct payment of district court expenses listed in 3-5-901 and for the reimbursement of district court expenses to counties as provided in 3-5-901 and shall record payments at a detailed level for budgeting and auditing purposes. The supreme court administrator shall reimburse counties for district court expenses in a timely manner.
Mont. Code Ann. § 3-1-522 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-522
3-1-522 Illness sufficient excuse -- confinement under arrest
Status: in_force

3-1-522 . Illness sufficient excuse -- confinement under arrest. (1) Whenever an officer is required to keep a person arrested on a warrant of attachment in custody and to bring the person before a court or judge, the inability, from illness or otherwise, of the person to attend is sufficient excuse for not bringing the person before the court or judge.

(2) The officer may not confine a person arrested upon a warrant in a prison or otherwise restrain the person of personal liberty, except to the extent necessary to secure the person's personal attendance.
Mont. Code Ann. § 3-1-115 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-115
3-1-115 Electronic filing and storage of documents -- rules
Status: in_force

3-1-115 . Electronic filing and storage of documents -- rules. (1) The supreme court may make rules establishing procedures for electronic filing of documents and electronic storage of documents.

(2) Courts may, but are not required to, institute procedures for electronic filing of documents and electronic storage of documents to further the efficient administration and operation of the courts. Electronically filed or stored documents may be kept in lieu of any paper documents. Electronic filing of documents and electronic storage of documents must be in conformity with rules adopted by the supreme court.

(3) The provisions of 3-1-114 and this section may not be construed to repeal any other provision of existing law that requires or provides for the maintenance of official written documents, records, dockets, books, ledgers, or proceedings by a court or clerk of the court in those courts that do not institute electronic filing of documents and electronic storage of documents.

(4) The procedures for electronic storage of documents may require but are not limited to the following:

(a) all original documents to be recorded and released into the court's electronic filing and storage system within a specified minimum time period after presentation to the court;

(b) the use of original paper records during the pendency of any legal proceeding;

(c) standards for organizing, identifying, coding, indexing, and reproducing an original document so that an image produced from electronically stored information can be certified as a true and correct copy of the original and can be retrieved rapidly; and

(d) retention of the original documents consistent with other law and security provisions to guard against physical loss, alterations, and deterioration.
Mont. Code Ann. § 3-1-112 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-112
3-1-112 Rules for courts of record
Status: repealed

3-1-112 . Rules for courts of record. (1) Every court of record may make rules, not inconsistent with the laws of this state, for its own government and the government of its officers. Such rules must not impose any tax or charge upon any legal proceedings or give any allowance to any officers for services.

(2) In case of the failure or refusal of any district court to adopt and promulgate rules of court, the supreme court may, upon the application of any interested person, adopt and promulgate rules for the government of such court. When adopted and promulgated, such rules shall remain in full force and effect until modified or repealed by the authority adopting them.

(3) Rules adopted by any court take effect 30 days after their publication.

(4) Any judge who shall fail or refuse to comply with and carry out in good faith the rules of court adopted by the supreme court, as herein provided for, shall be guilty of a contempt of the supreme court.
Mont. Code Ann. § 3-10-704 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-704
3-10-704 Deputy constables
Status: in_force

3-10-704 . Deputy constables. If in any county there is no appointed constable, the board of county commissioners may, at the request of a party, after being satisfied that it is expedient to do so, specially deputize any proper person of suitable age not interested in the action to serve a summons, with or without an order to arrest the defendant and with or without a writ of attachment, or to serve an execution. The county commissioners are liable upon their official bonds for all official acts of the person so deputized. The appointment of the deputy shall be made in writing on the process, and a note thereof shall be made on the justice's docket.
Mont. Code Ann. § 3-10-232 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-232
3-10-232 Docket entries by acting justice
Status: in_force

3-10-232 . Docket entries by acting justice. When another justice or any other qualified person is called to preside in a justice's court, proper entries of all proceedings must be made in the docket of the justice for whom the visiting justice or person holds court. A justice holding court at the request of another justice must subscribe the entries. When the appointment is made by order of the county commissioners, the order shall be placed in the court docket.
Mont. Code Ann. § 3-5-513 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-513
3-5-513 Probate records
Status: in_force

3-5-513 . Probate records. The clerk of the district court shall:

(1) keep a book called "Record of Probate Proceedings", which must contain all the orders and proceedings of the district court sitting in probate matters and must be indexed in the names of the deceased person or ward;

(2) keep a book called "Register of Probate and Guardianship Proceedings", in which must be entered the name of the estate and the register number with a memorandum of every paper filed and order or proceeding had therein, with the date thereof, and a memorandum of the fees charged.
Mont. Code Ann. § 3-1-515 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-515
3-1-515 Arrest and detention by sheriff
Status: in_force

3-1-515 . Arrest and detention by sheriff. Upon executing the warrant of attachment, the sheriff shall keep the person in custody, bring the person before the court or judge, and detain the person until an order is made in the proceeding unless the person arrested is entitled to be discharged as provided in 3-1-516 .
Mont. Code Ann. § 3-1-902 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-902
3-1-902 Investigation -- qualifications for appointment
Status: in_force

3-1-902 . Investigation -- qualifications for appointment. (1) The governor may authorize investigations concerning the qualifications of eligible persons.

(2) A lawyer in good standing who has the qualifications set forth by law for holding judicial office may be a candidate and may apply to the governor for consideration, or application may be made by any person on the lawyer's behalf.
Mont. Code Ann. § 3-2-203 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-203
3-2-203 Appellate jurisdiction
Status: in_force

3-2-203 . Appellate jurisdiction. The appellate jurisdiction of the supreme court extends to all cases at law and in equity.
Mont. Code Ann. § 3-10-1002 — MT Code / Title 3 / Chapter 10 / Part 10 / Section 3-10-1002
3-10-1002 Creation
Status: in_force

3-10-1002 . Creation. There is established within the jurisdiction of each justice's court in this state a small claims division to be known as the "small claims court".
Mont. Code Ann. § 3-6-301 — MT Code / Title 3 / Chapter 6 / Part 3 / Section 3-6-301
3-6-301 Clerk of the court -- administrative expenses
Status: in_force

3-6-301 . Clerk of the court -- administrative expenses. The position of municipal court clerk of the court must be established by ordinance. The governing body of the city shall set the salary of the clerk and provide for other necessary expenses that may be incurred in operating the court.
Mont. Code Ann. § 3-2-708 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-708
3-2-708 No abridgment of legislative power
Status: in_force

3-2-708 . No abridgment of legislative power. This part shall not abridge the right of the legislature to enact, modify, or repeal any statute or modify or repeal any rule of the supreme court adopted pursuant thereto.
Mont. Code Ann. § 3-7-403 — MT Code / Title 3 / Chapter 7 / Part 4 / Section 3-7-403
3-7-403 Waiver of disqualification
Status: in_force

3-7-403 . Waiver of disqualification. A water judge may accept from the parties to the proceeding a waiver of any ground for disqualification if it is preceded by a full disclosure on the record of the basis for disqualification.
Mont. Code Ann. § 3-7-221 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-221
3-7-221 Appointment of chief water judge and associate water judge -- terms of office
Status: in_force

3-7-221 . Appointment of chief water judge and associate water judge -- terms of office. (1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge.

(2) To be eligible for the office of chief water judge or associate water judge, a person shall have the qualifications for district court or supreme court judges found in Article VII, section 9, of the Montana constitution.

(3) The term of office of the chief water judge and the associate water judge is 4 years, subject to continuation of the water divisions by the legislature.
Mont. Code Ann. § 3-2-104 — MT Code / Title 3 / Chapter 2 / Part 1 / Section 3-2-104
3-2-104 Salaries -- expenses
Status: in_force

3-2-104 . Salaries -- expenses. (1) The salaries of justices of the supreme court are provided for in 2-16-403 .

(2) Actual and necessary travel expenses of the justices of the supreme court shall be the travel expenses, as defined and provided in 2-18-501 through 2-18-503 , incurred in the performance of their official duties.
Mont. Code Ann. § 3-10-118 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-118
3-10-118 Powers and duties of justice's court of record
Status: in_force

3-10-118 . Powers and duties of justice's court of record. (1) Except as otherwise provided by Title 25, chapter 30, and this chapter, the justice of the peace in a justice's court of record has, in matters within its jurisdiction, all the powers and duties of district judges in like cases. The justice of the peace may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.

(2) The justice's court of record shall establish rules for appeal to district court. The rules are subject to the supreme court's rulemaking and supervisory authority.
Mont. Code Ann. § 3-1-1502 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1502
3-1-1502 Training and certification of judges
Status: in_force

3-1-1502 . Training and certification of judges. Except as provided in 3-1-1503 , a judge selected for a term of office may not assume the functions of the office unless the judge has filed with the county clerk and recorder in the jurisdiction a certificate of completion of a course of education and training prescribed by the commission.
Mont. Code Ann. § 3-1-901 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-901
3-1-901 Judicial vacancy -- notice
Status: in_force

3-1-901 . Judicial vacancy -- notice. (1) (a) Upon receiving notice from the chief justice of the supreme court, the governor shall appoint a candidate, as provided in this part, to fill any vacancy on the supreme court or the district court.

(b) The chief justice of the supreme court shall appoint a candidate to fill any term or vacancy for the chief water judge or associate water judge pursuant to 3-7-221 .

(2) Within 10 days of the date of receipt by the governor of the notice from the chief justice of the supreme court that a vacancy has occurred or the effective date of a judicial resignation has been announced, the governor shall notify the public, including media outlets with general statewide circulation and other appropriate sources, that a vacancy has been announced, including the deadline within which applications must be received.
Mont. Code Ann. § 3-1-1125 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1125
3-1-1125 Efficiency and effectiveness -- audit authorized
Status: in_force

3-1-1125 . Efficiency and effectiveness -- audit authorized. (1) The legislative auditor may audit the commission to determine whether it is efficiently and effectively processing complaints against judicial officers in the state in accordance with this part.

(2) The confidentiality provisions of this part do not bar the legislative auditor from obtaining access to any information possessed by the commission that is necessary to the legislative audit function so long as confidential information is kept confidential by the legislative auditor.
Mont. Code Ann. § 3-1-1703 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1703
3-1-1703 Judicial performance survey
Status: in_force

3-1-1703 . (Temporary) Judicial performance survey. (1) A third party under contract with the commission shall conduct a judicial performance survey. The third party may not be affiliated with a legal firm or a legal professional.

(2) (a) Each judicial performance survey must survey respondents in each of the following classifications:

(i) attorneys who have appeared before the judge as counsel either pro hac vice or while licensed to practice law in Montana;

(ii) jurors who have served in one or more cases before the judge; and

(iii) court staff who have worked with the judge.

(b) Only a respondent under subsection (2)(a)(i) who is admitted to practice law in the state and in good standing with the state bar of Montana may evaluate a judge's legal ability under subsection (7)(a).

(3) The commission may establish by rule additional classifications that the commission considers helpful to voters.

(4) All survey responses are confidential, including added comments.

(5) If the commission provides information to a judge or the court administrator, it must do so in a manner that protects the anonymity of survey respondents.

(6) A survey must be provided to a juror respondent no more than 30 days after the completion of the case in which the juror served.

(7) Surveys must include questions inquiring into the judge's:

(a) legal ability, including the following:

(i) understanding of the substantive law and rules of procedure and evidence;

(ii) attentiveness to factual and legal issues;

(iii) adherence to precedent and ability to justify clearly any departures from precedent;

(iv) appreciation of the practical impact on the parties of the judge's rulings, including rulings that cause delay or increased litigation expense;

(v) clarity in writing; and

(vi) clarity in explaining the bases for judicial opinions;

(b) judicial conduct, including the following:

(i) courtesy toward attorneys, court staff, witnesses, and others interacting with the judge's court;

(ii) appropriate courtroom decorum;

(iii) demeanor and personal attributes that promote public trust and confidence in the judicial system;

(iv) preparedness;

(v) avoidance of impropriety or the appearance of impropriety;

(vi) avoidance of bias and conflicts of interest;

(vii) fairness, open-mindedness, and impartiality;

(viii) ability to communicate clearly, including the ability to explain the basis for written rulings, court procedures, and decisions; and

(ix) compliance with 2-2-121 and 2-2-122 and the applicable rules of judicial conduct;

(c) administrative performance, including the following:

(i) workload management;

(ii) sharing proportionally the workload within the court or district; and

(iii) issuance of opinions and orders without unnecessary delay; and

(d) fidelity to:

(i) the Montana constitution, including Article III, section 1; and

(ii) 1-2-101 and 1-2-102 .

(8) If the commission determines that a survey question is not appropriate for a respondent category, the commission may omit the question from the survey provided to that respondent group.

(9) (a) The survey must allow respondents to indicate responses either on a numerical scale from one to five or in the affirmative or negative, with an option for an inability to respond in the affirmative or negative.

(b) The commission may allow respondents to provide written comments other than those that could, if used in a hiring process, trigger a violation of federal or state employment law.

(10) The commission shall compile and make available to each judge that judge's survey results. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-1-318 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-318
3-1-318 Surcharges upon certain criminal convictions -- exception
Status: in_force

3-1-318 . Surcharges upon certain criminal convictions -- exception. (1) Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.

(2) A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.

(3) The surcharge imposed by this section is not a fee or a fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.

(4) The amounts collected under this section must be deposited in the court-appointed special advocate account established in 3-1-707 .
Mont. Code Ann. § 3-1-303 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-303
3-1-303 Adjournments from nonjudicial days
Status: in_force

3-1-303 . Adjournments from nonjudicial days. If any day mentioned in 3-1-302 happens to be the day appointed for the holding or sitting of a court or to which it is adjourned, it must be considered appointed for or adjourned to the next day.
Mont. Code Ann. § 3-5-503 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-503
3-5-503 Duties concerning indexes
Status: in_force

3-5-503 . Duties concerning indexes. The clerk of the district court shall cause to be made in each index correct entries, under the appropriate headings, of each action begun in the court of which the person is clerk. The entries must be made alphabetically by the name of the plaintiff in the General Index--Plaintiffs and alphabetically by the name of the defendants in the General Index--Defendants.
Mont. Code Ann. § 3-12-104 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-104
3-12-104 Duration of court
Status: in_force

3-12-104 . Duration of court. A small claims court created under this chapter continues in existence until abolished by the same means by which it was formed under 3-12-103 . Any small claims court may be abolished by county initiative as provided in 3-12-103 .
Mont. Code Ann. § 3-15-205 — MT Code / Title 3 / Chapter 15 / Part 2 / Section 3-15-205
3-15-205 Costs of impaneling jury
Status: in_force

3-15-205 . Costs of impaneling jury. (1) In a civil action before a court of record in which the parties substantially agree to a settlement of the issues prior to impanelment of the jury and either settle the action or stipulate to a continuance and then fail or refuse to inform the court or clerk of court of the settlement or request a continuance and a jury is impaneled, the court may, upon hearing, assess the reasonable public expenses of impaneling the jury, including jury fees and mileage expenses paid or owing under 3-15-201 , against any party.

(2) In civil actions, the court may assess against a party the reasonable public expenses of impaneling a jury, including jury fees and mileage expenses paid or owing under 3-15-201 , if the court on an issue of law or the jury on an issue of fact determines that the party's case is frivolous or maintained for purposes of harassment. The court shall instruct the jury regarding the provisions of this subsection.

(3) (a) Except as provided in subsection (3)(b), costs collected under this section must be forwarded to the department of revenue for deposit in the state general fund.

(b) Costs collected under this section by the asbestos claims court provided for in 3-20-103 must be deposited in the asbestos claims administration fund provided for in 3-20-104 .
Mont. Code Ann. § 3-6-203 — MT Code / Title 3 / Chapter 6 / Part 2 / Section 3-6-203
3-6-203 Salary
Status: in_force

3-6-203 . Salary. The salary of the municipal court judge must be set by ordinance or resolution and is payable monthly by the city treasurer. Actual and necessary expenses for the municipal court judge are expenses, as defined and provided in 2-18-501 through 2-18-503 , incurred in the performance of official duties.
Mont. Code Ann. § 3-12-107 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-107
3-12-107 Procedure
Status: in_force

3-12-107 . Procedure. A small claims court created under this chapter shall follow the small claims procedure used in justice's court, as provided in Title 25, chapter 35.
Mont. Code Ann. § 3-9-112 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-112
3-9-112 Increase in award for unreasonable delay or refusal to pay
Status: in_force

3-9-112 . Increase in award for unreasonable delay or refusal to pay. (1) The workers' compensation judge may increase by 20% the full amount of benefits due a claimant during the period of delay or refusal to pay, when:

(a) the insurer agrees to pay benefits but unreasonably delays or refuses to make the agreed-upon payments to the claimant; or

(b) prior or subsequent to the issuance of an order by the workers' compensation judge granting a claimant benefits, the insurer unreasonably delays or refuses to make the payments.

(2) The question of unreasonable delay or refusal shall be determined by the workers' compensation judge, and such a finding constitutes good cause to rescind, alter, or amend any order, decision, or award previously made in the cause for the purpose of making the increase provided herein.

(3) A finding of unreasonableness under this section does not constitute a finding that the insurer acted in bad faith or violated the unfair trade practices provisions of Title 33, chapter 18.
Mont. Code Ann. § 3-5-602 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-602
3-5-602 Court reporter as independent contractor -- compensation and expenses
Status: in_force

3-5-602 . Court reporter as independent contractor -- compensation and expenses. (1) Each court reporter who is an independent contractor under 3-5-601 is entitled to compensation as provided in the contract.

(2) The supreme court administrator shall pay the compensation due under subsection (1) as provided in 3-5-901 and 3-5-902 .

(3) In judicial districts comprising more than one county, the court reporter is allowed, in addition to the compensation provided for in subsection (1) and fees, actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503 , when on official business to a county of the reporter's judicial district other than the county in which the reporter resides. The expenses are payable as provided in subsection (2).
Mont. Code Ann. § 3-1-701 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-701
3-1-701 Office of court administrator -- appointment and term of office
Status: in_force

3-1-701 . Office of court administrator -- appointment and term of office. There is established the office of court administrator. The chief justice shall appoint a court administrator. The court administrator holds the position at the pleasure of the chief justice.
Mont. Code Ann. § 3-15-201 — MT Code / Title 3 / Chapter 15 / Part 2 / Section 3-15-201
3-15-201 Fees in courts of record
Status: in_force

3-15-201 . Fees in courts of record. (1) A grand or trial jury panel member must receive $12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503 , for traveling each way between the member's residence and the court. Those jurors selected from the panel for a case must receive an additional $13 a day while serving.

(2) A juror who is excused from attendance upon the juror's own motion on the first day of appearance in obedience to a notice or who has been summoned as a special juror and not sworn in the trial of the case forfeits per diem and mileage.
Mont. Code Ann. § 3-1-516 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-516
3-1-516 Bail bond -- form and conditions of
Status: in_force

3-1-516 . Bail bond -- form and conditions of. When a direction to release the person arrested on bail is contained in the warrant of attachment or endorsed on the warrant, the arrested person must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge or the sureties will pay, as may be directed, the sum specified in the warrant or ordered by the court or the judge.
Mont. Code Ann. § 3-5-502 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-502
3-5-502 Indexes to court records
Status: in_force

3-5-502 . Indexes to court records. Each clerk of court in each county of the respective judicial districts of the state shall keep, in addition to the records required by law, an index called "General Index--Plaintiffs" and also a second index to be called "General Index--Defendants". Each index shall be in a form determined by the clerk to best fulfill the needs of the court and other users of the index and shall contain, at a minimum, those entries required by 3-5-503 .
Mont. Code Ann. § 3-10-115 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-115
3-10-115 Appeal to district court from justice's court of record -- record on appeal
Status: in_force

3-10-115 . Appeal to district court from justice's court of record -- record on appeal. (1) A party may appeal to district court a judgment or order from a justice's court of record. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority.

(2) The record on appeal to district court consists of an electronic recording or stenographic transcription of a case tried, together with all papers filed in the action.

(3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the court from which the appeal was taken.

(4) Unless the supreme court establishes rules for appeal from a justice's court of record to the district court, the Montana Uniform Municipal Court Rules of Appeal to District Court, codified in Title 25, chapter 30, apply to appeals to district court from the justice's court of record.
Mont. Code Ann. § 3-10-209 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-209
3-10-209 Expenses
Status: in_force

3-10-209 . Expenses. All actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503 , incurred by the justice of the peace in the performance of official duties are a legal charge against the county.
Mont. Code Ann. § 3-15-106 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-106
3-15-106 Number of a trial jury
Status: in_force

3-15-106 . Number of a trial jury. (1) A trial jury consists of 12 persons or, with the approval of the court, it may consist of any number less than 12 upon which the parties agree in open court.

(2) In all civil actions where the relief asked for in the complaint is under the sum of $10,000, a trial jury may, in the discretion of the trial judge, consist of six persons and two-thirds of the jury may render a verdict.
Mont. Code Ann. § 3-15-501 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-501
3-15-501 Order directing that trial jury be drawn and summoned
Status: in_force

3-15-501 . Order directing that trial jury be drawn and summoned. (1) If a civil or criminal case has been at issue and ready for trial for more than 6 months and the plaintiff or defendant has requested a jury trial or whenever the business of a district court requires the attendance of a trial jury for the trial of civil or criminal cases and a jury is not in attendance, the court shall order a trial jury to be drawn and summoned to attend before the court. The order must specify the number of jurors to be drawn. The time at which the jurors are required to attend is at the discretion of the court.

(2) The court may direct that a criminal or civil proceeding in which a jury may be required or may have been demanded be continued and fixed for trial at a time when a jury will be in attendance.

(3) The judge or judges of a district or the judge of a department may designate that jury service in the district or department is on a "one-day or one-trial" basis; that is, each individual juror is excused for the rest of the year after having attended for 1 day and not having been selected to serve at the trial of a particular cause or after having completed service at a trial.

(4) If the number of unexcused jurors is not sufficient to meet current requirements at any time, jurors excused under subsection (3) may be required to serve.

(5) The clerk of court shall send a summons to a person selected as a juror drawn pursuant to 3-15-503 . If not sent with the notice provided for in 3-15-405 , the summons must include the jury questionnaire as to the person's qualifications to serve as a juror and a form for an affidavit claiming an excuse from service provided for in 3-15-313 . The person shall respond as required in the summons as to their qualifications to serve as a juror.

(6) If a person fails to respond to the summons, the clerk of court shall attempt to contact a nonresponding person by telephone or other electronic communication.

(7) If a person fails to respond to the summons and the clerk of court has completed the actions required in subsection (6), the clerk of court shall certify the failure to the sheriff, who shall make reasonable efforts to require the person to appear on the date required by the summons.

(8) For the purposes of subsection (7), "reasonable efforts" include any two of the following actions:

(a) publishing the list of persons who failed to respond in or on any of the following:

(i) a newspaper of general circulation;

(ii) a web-based news site; or

(iii) government-controlled or government-sponsored social media or web pages for the specific jurisdiction;

(b) attempted contact by telephone;

(c) attempted contact by other electronic communication;

(d) posting a physical notice at a last-known address;

(e) attempted personal service; or

(f) attempted contact by United States postal service first-class mail.

(9) Failure by the clerk of court or the sheriff to strictly adhere to the provisions of this section may not constitute grounds to invalidate a jury pool or a jury.
Mont. Code Ann. § 3-1-903 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-903
3-1-903 Applications
Status: in_force

3-1-903 . Applications. An eligible person may apply for the vacant judicial position by completing and submitting to the governor an original signed paper application and an electronic copy of the original application by the deadline date. The deadline date must be within 40 days of the governor's receipt of the notice of vacancy provided by the chief justice.
Mont. Code Ann. § 3-1-601 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-601
3-1-601 Certain officers not to practice law or administer estates
Status: in_force

3-1-601 . Certain officers not to practice law or administer estates. (1) Except as provided in 3-1-604 and except for a judge pro tempore, a justice or judge of a court of record or clerk of any court may not practice law in any court in this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions, or patent rights or other proceedings before any department of the state or general government or any court of the United States during the justice's or judge's continuance in office.

(2) The court administrator or an assistant may not practice law in any of the courts of this state while holding that position.

(3) A justice or judge of a court of record, except a judge pro tempore, may not act as administrator or executor of any estate for compensation.
Mont. Code Ann. § 3-1-114 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-114
3-1-114 Definitions
Status: in_force

3-1-114 . Definitions. As used in 3-1-115 and this section, the following definitions apply:

(1) "Document" means all contents in the file or record of any case or matter docketed by a court, including decisions, administrative orders, court records, court books, court minutes and minute books, court dockets, court ledgers, registers of actions, court indexes, and other documents, instruments, or papers required by law to be filed with a court.

(2) "Electronic filing of documents" means the transmission of data to a court by the communication of information that is originally displayed in written form and then converted to digital electronic signals, transformed by computer, and stored by the clerk of the court on microfilm, magnetic tape, optical disc, or other medium.

(3) "Electronic storage of documents" means the recording, storage, retention, maintenance, and reproduction of court documents, using microfilm, microfiche, data processing, computers, or other electronic processes that correctly and legibly store and reproduce documents.
Mont. Code Ann. § 3-5-506 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-506
3-5-506 Index of bonds in criminal cases
Status: in_force

3-5-506 . Index of bonds in criminal cases. Clerks of the district courts of the counties in the state of Montana shall keep proper books for indexing bonds given in criminal cases. All bonds filed therein shall be entered showing the title and docket number of the case in which such bond is filed, the names of principals and sureties on such bonds in alphabetical order, the date and amount of the bond, and upon its release, the date of the order or authority for such release.
Mont. Code Ann. § 3-5-125 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-125
3-5-125 Standing masters -- proceedings -- meetings -- witnesses -- statements of account
Status: in_force

3-5-125 . Standing masters -- proceedings -- meetings -- witnesses -- statements of account. (1) When a reference is made, the clerk shall immediately furnish the standing master with a copy of the order of reference. Unless the order of reference otherwise provides, the standing master shall set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the expiration of the objection period in 3-5-124 (2) and shall notify the parties or their attorneys. The standing master shall have the authority to issue temporary orders before the expiration of the objection period in 3-5-124 (2). The standing master shall proceed with all reasonable diligence throughout the proceedings. Either party, on notice to the parties and standing master, may apply to the district court for an order requiring the standing master to speed the proceedings and to make the report of its findings of fact and conclusions of law. If a party fails to appear at the time and place appointed, the standing master may proceed ex parte or, in the standing master's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

(2) The parties may procure the attendance of witnesses before the standing master by the issuance and service of subpoenas as provided in Rule 45 of the Montana Rules of Civil Procedure. If, without adequate excuse, a witness fails to appear or give evidence, the witness may be punished for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45 of the Montana Rules of Civil Procedure.

(3) When matters of accounting are in issue before the standing master, the standing master may prescribe the form in which the accounts must be submitted and may require or receive in evidence a statement by a certified public accountant who is called as a witness. On objection of a party to any of the items submitted or on a showing that the form of statement is insufficient, the standing master may require a different form of statement to be furnished or the accounts or specific items to be proved by oral examination of the accounting parties or on written interrogatories or in any other manner as the standing master directs.
Mont. Code Ann. § 3-1-1109 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1109
3-1-1109 Interim disqualification of judicial officer
Status: in_force

3-1-1109 . Interim disqualification of judicial officer. (1) A judicial officer must be disqualified from serving as a judicial officer, without loss of salary, while there is pending an indictment or an information charging the officer with a crime punishable as a felony under Montana or federal law.

(2) When the commission files with the supreme court a recommendation that a judicial officer be removed or retired, the judicial officer must be disqualified from serving as a judicial officer, without loss of salary, pending the supreme court's review of the record and proceedings.
Mont. Code Ann. § 3-10-518 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-518
3-10-518 Youth matters cited in justice's court -- public record
Status: in_force

3-10-518 . Youth matters cited in justice's court -- public record. Except as provided in 41-5-216 , all filed matters related to a youth cited in a justice's court are a public record.
Mont. Code Ann. § 3-1-314 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-314
3-1-314 Proceedings to be in English language
Status: in_force

3-1-314 . Proceedings to be in English language. Every written proceeding in a court of justice in this state must be in the English language, and judicial proceedings must be conducted, preserved, and published in no other.
Mont. Code Ann. § 3-15-303 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-303
3-15-303 Who not competent
Status: in_force

3-15-303 . Who not competent. A person is not competent to act as juror:

(1) who does not possess the qualifications prescribed by 3-15-301 ; or

(2) who has been convicted of malfeasance in office or any felony or other high crime.
Mont. Code Ann. § 3-15-101 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-101
3-15-101 Jury defined
Status: in_force

3-15-101 . Jury defined. A jury is a body of persons temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense or to try a question of fact.
Mont. Code Ann. § 3-15-703 — MT Code / Title 3 / Chapter 15 / Part 7 / Section 3-15-703
3-15-703 Officer's return
Status: in_force

3-15-703 . Officer's return. The officer summoning the jurors shall, at the time fixed in the order for their appearance, return the order to the court with a list of the persons summoned endorsed thereon.
Mont. Code Ann. § 3-10-302 — MT Code / Title 3 / Chapter 10 / Part 3 / Section 3-10-302
3-10-302 Jurisdiction over forcible entry, unlawful detainer, rent deposit, and residential and residential mobile home landlord-tenant disputes
Status: in_force

3-10-302 . Jurisdiction over forcible entry, unlawful detainer, rent deposit, and residential and residential mobile home landlord-tenant disputes. The justices' courts have concurrent jurisdiction with the district courts within their respective counties in actions of forcible entry, unlawful detainer, and rent deposits and in actions brought under Title 70, chapters 24, 25, and 33.
Mont. Code Ann. § 3-10-513 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-513
3-10-513 Who is the successor
Status: in_force

3-10-513 . Who is the successor. The justice appointed to fill a vacancy is the successor of the justice whose office became vacant before the expiration of a full term. When a full term expires, the person elected to take the numbered office, as provided in 3-10-201 , from that time is the successor.
Mont. Code Ann. § 3-15-203 — MT Code / Title 3 / Chapter 15 / Part 2 / Section 3-15-203
3-15-203 Fees in courts not of record and coroner inquests
Status: in_force

3-15-203 . Fees in courts not of record and coroner inquests. (1) A jury panel member in civil actions, criminal actions, and coroner inquests is entitled to a fee of $12 per day for attendance before a court not of record and a mileage allowance, as provided in 2-18-503 , for traveling each way between the member's residence and the court. A jury panel member selected for a case is entitled to an additional $13 per day while serving.

(2) In civil actions, the jurors' fees must be paid by the party demanding the jury and taxed as costs against the losing party.

(3) A juror who is excused from attendance upon the juror's own motion on the first day of appearance in obedience to a notice or who has been summoned as a special juror and not sworn in the trial of the case shall forfeit per diem and mileage.
Mont. Code Ann. § 3-10-706 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-706
3-10-706 Execution of process by retiring constable
Status: in_force

3-10-706 . Execution of process by retiring constable. A constable, notwithstanding the expiration of the constable's term of office, may proceed and complete the execution of all final process that the constable has begun to execute, in the same manner as if the constable were still in office, and the sureties are liable to the same extent.
Mont. Code Ann. § 3-1-1702 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1702
3-1-1702 Judicial performance evaluations
Status: in_force

3-1-1702 . (Temporary) Judicial performance evaluations. (1) Beginning in 2026, the commission shall prepare:

(a) a midterm performance evaluation for each district court judge during the third year of the judge's term;

(b) a final performance evaluation for each district court judge during the fifth year of the judge's term;

(c) a midterm performance evaluation for each justice of the Montana supreme court during the third year of the justice's term;

(d) a final performance evaluation for each supreme court justice during the seventh year of the justice's term; and

(e) a final performance evaluation for each judge appointed to a vacancy during the year prior to the last year of the judge's current term.

(2) The performance evaluation for a judge under subsection (1) may consider only the information listed in subsections (3) and (4). The performance evaluation must give primary emphasis to information gathered since the judge's election or appointment to the judge's current term in office.

(3) The information a performance evaluation must consider is as follows:

(a) the results of the judge's most recent judicial performance survey conducted in accordance with 3-1-1703 ;

(b) information acquired by observation of the judge's conduct in the courtroom;

(c) the judge's judicial disciplinary record, if any;

(d) public comment solicited by the commission;

(e) information from any earlier judicial performance evaluation of the judge, except that the commission shall rely primarily on information gathered subsequent to the last judicial election; and

(f) any other factor the commission considers relevant to evaluating the judge's performance and previously authorized as a permissible factor by rule.

(4) The commission shall make rules governing the conduct of courtroom observation. The rules must specify:

(a) who may perform the courtroom observation;

(b) whether the courtroom observation must be performed in person or may be performed by electronic means; and

(c) the standards used to evaluate the behavior observed.

(5) Prior to issuing the judicial performance evaluation, the commission shall allow a judge who is the subject of a judicial performance evaluation to appear and speak at any commission meeting during which the judge's judicial performance evaluation is being considered. Information disclosed during this meeting is confidential.

(6) The commission may meet in a closed meeting to discuss a judge's judicial performance evaluation by complying with Title 2, chapter 3, part 2.

(7) A judge may provide a written statement, not to exceed 200 words, which must be included in the judge's performance evaluation report. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-1-113 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-113
3-1-113 Means to carry jurisdiction into effect
Status: in_force

3-1-113 . Means to carry jurisdiction into effect. When jurisdiction is, by the constitution or any statute, conferred on a court or judicial officer, all the means necessary for the exercise of such jurisdiction are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.
Mont. Code Ann. § 3-2-704 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-704
3-2-704 Local rules
Status: in_force

3-2-704 . Local rules. A district court may adopt rules of court governing its practice so long as the rules are not in conflict with the rules promulgated by the supreme court of the state of Montana in accordance with this part.
Mont. Code Ann. § 3-1-1701 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1701
3-1-1701 Definitions
Status: in_force

3-1-1701 . (Temporary) Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Bias" means prejudice displayed by using epithets, slurs, demeaning nicknames, or threatening, intimidating, or hostile acts or body language that creates an appearance of bias or prejudice.

(2) "Commission" means the judicial performance evaluation commission established in 2-15-2051 .

(3) "Court administrator" means the position established in 3-1-701 .

(4) "Impartiality" means the absence of prejudice in favor of or against particular parties or classes of parties as well as the maintenance of an open mind when considering issues that may come before a judge.

(5) "Judge" means a district court judge or a supreme court justice.

(6) "Open-mindedness" means a judge shall interpret and apply the law without regard to whether the judge approves or disapproves of the law in question. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-15-506 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-506
3-15-506 Obtaining additional jurors when necessary
Status: in_force

3-15-506 . Obtaining additional jurors when necessary. (1) If it appears to a district judge that additional jurors will be needed for a trial, the jury commissioner shall draw as many jurors as are necessary to secure the required number of additional jurors. Before the jury commissioner draws the jurors, the judge shall by appropriate order designate the number of jurors needed.

(2) If the judge believes that securing the additional jurors from the whole county would cause unnecessary delay or expense, the judge may order the jurors selected from only a designated portion of the county, which may not be less than the corporate limits of the county seat. If, in the selection of the additional jurors, a juror is drawn who is a resident of an area outside the area designated by the court order, the juror's name or number must be returned to the jury box or reinstated on the computer database and a new juror drawn.

(3) When the required number of names have been selected, the judge may order the prospective jurors notified by telephone or mail by the jury commissioner.
Mont. Code Ann. § 3-5-116 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-116
3-5-116 Compensation -- expenses
Status: in_force

3-5-116 . Compensation -- expenses. (1) The salary of the judge pro tempore or special master and the court reporter and all other expenses associated with the trial are the responsibility of the parties to the action. The amount of salaries and other expenses and the manner of payment must be established by written agreement.

(2) The judge pro tempore or special master may not withhold judgment as security for compensation.
Mont. Code Ann. § 3-1-317 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-317
3-1-317 User surcharge for court information technology -- exception
Status: in_force

3-1-317 . User surcharge for court information technology -- exception. (1) Except as provided in subsection (2), all courts of original jurisdiction shall impose:

(a) on a defendant in criminal cases, a $10 user surcharge upon conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail;

(b) on the initiating party in civil and probate cases, a $10 user surcharge at the commencement of each action, proceeding, or filing; and

(c) on each defendant or respondent in civil cases, a $10 user surcharge upon appearance.

(2) If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section.

(3) The surcharge imposed by this section is not a fee or fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.

(4) The amounts collected under this section must be forwarded to the department of revenue for deposit in the state general fund to be used for state funding of court information technology.
Mont. Code Ann. § 3-1-802 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-802
3-1-802 Superseded
Status: in_force

3-1-802 . Superseded. Sup. Ct. Ord. June 17, 1987.
Mont. Code Ann. § 3-7-222 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-222
3-7-222 Salary -- office space
Status: in_force

3-7-222 . Salary -- office space. (1) The chief water judge and the associate water judge must receive the same salary and expense allowance as provided for district judges in 3-5-211 .

(2) The office of the chief water judge and the associate water judge must be at the location designated by the chief justice of the Montana supreme court. The Montana supreme court shall provide in its budget for the salary, expenses, and office and staff requirements of the chief water judge and the associate water judge. Money may be appropriated by the legislature from the general fund for these purposes.
Mont. Code Ann. § 3-1-514 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-514
3-1-514 Endorsement allowing bail on warrant
Status: in_force

3-1-514 . Endorsement allowing bail on warrant. Whenever a warrant of attachment is issued pursuant to this part, the court or judge shall direct, by an endorsement on the warrant, that the person charged may be left to bail for the person's appearance in an amount to be specified in the endorsement.
Mont. Code Ann. § 3-1-603 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-603
3-1-603 Judicial officer of court of record not to have partner practicing law
Status: in_force

3-1-603 . Judicial officer of court of record not to have partner practicing law. (1) Except as provided in subsection (2), a judicial officer of a court of record may not have a partner acting as attorney or counsel in any court of this state.

(2) A partner of either a municipal court judge or a judge pro tempore may act as attorney or counsel in any court of this state except the court of the partner who is a judicial officer.
Mont. Code Ann. § 3-10-1004 — MT Code / Title 3 / Chapter 10 / Part 10 / Section 3-10-1004
3-10-1004 Jurisdiction -- removal from district court
Status: in_force

3-10-1004 . Jurisdiction -- removal from district court. (1) The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.

(2) A district court judge may require any action filed in district court to be removed to the small claims court if the amount in controversy does not exceed $7,000. The small claims court shall hear any action so removed from the district court.
Mont. Code Ann. § 3-12-102 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-102
3-12-102 Small claims court authorized
Status: in_force

3-12-102 . Small claims court authorized. There may be created within the jurisdiction of the district court of any county of the state of Montana a separate court, known as the "small claims court".
Mont. Code Ann. § 3-2-707 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-707
3-2-707 When rules effective
Status: in_force

3-2-707 . When rules effective. All rules promulgated under this part shall be effective at a time fixed by the supreme court.
Mont. Code Ann. § 3-15-107 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-107
3-15-107 Number in justices' courts
Status: in_force

3-15-107 . Number in justices' courts. A jury in a justice's court, in misdemeanors, consists of six persons, but the parties may agree to a less number than six.
Mont. Code Ann. § 3-2-404 — MT Code / Title 3 / Chapter 2 / Part 4 / Section 3-2-404
3-2-404 Disposition of fees
Status: in_force

3-2-404 . Disposition of fees. Except as otherwise provided by law, all fees collected by the clerk must be paid into the state treasury and must be credited to the general fund.
Mont. Code Ann. § 3-5-504 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-504
3-5-504 Register of actions
Status: in_force

3-5-504 . Register of actions. The clerk of the district court shall keep among the records of the court a register of actions. The clerk shall enter in the register the title of the action with brief notes under it, from time to time, of all papers filed and proceedings had in the action. The register must also state the names of the attorneys and all fees charged in each action.
Mont. Code Ann. § 3-5-201 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-201
3-5-201 Election and oath of office
Status: in_force

3-5-201 . Election and oath of office. (1) The judges of the district court, except judges pro tempore, must be elected by the qualified voters of the district.

(2) Except as provided in subsection (1), each judge of a district court shall, as soon as the judge has taken and subscribed the official oath, file the official oath in the office of the secretary of state.
Mont. Code Ann. § 3-12-203 — MT Code / Title 3 / Chapter 12 / Part 2 / Section 3-12-203
3-12-203 Judge in multicounty district
Status: in_force

3-12-203 . Judge in multicounty district. (1) When there is more than one county in the judicial district and the county commissioners of more than one county in that district create small claims courts, the district court judges may provide that the same judge of small claims court may preside over more than one of the small claims courts in the judicial district.

(2) In the cases described in subsection (1), the salary of the small claims court judge must be prorated among the counties in which the judge presides.

(3) The judge is entitled to collect mileage for the distance actually traveled when required to convene small claims court in more than one county, pursuant to 2-18-503 .
Mont. Code Ann. § 3-15-411 — MT Code / Title 3 / Chapter 15 / Part 4 / Section 3-15-411
3-15-411 Term of service of jurors
Status: in_force

3-15-411 . Term of service of jurors. (1) The persons noticed must serve for 1 year and until other persons are selected and returned unless they are excused by the court or a judge pursuant to 3-15-501 .

(2) Except as provided in subsection (3), if jurors are drawn before the selection and return of the new jury list as provided in this part and a new jury list is subsequently returned, they shall continue to serve as jurors, if the business of the court requires the attendance of a jury, for a period not exceeding 90 days.

(3) A jury composed of jurors impaneled to try any cause shall continue to serve in the cause until discharged by the court, even if this causes the term of service to exceed 1 year. The fact that a new jury list has been returned may not affect their status as jurors.
Mont. Code Ann. § 3-12-105 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-105
3-12-105 Location -- hours
Status: in_force

3-12-105 . Location -- hours. (1) The small claims court shall be located in the appropriate district and shall be open as required by the district judge.

(2) In the event that more than one small claims court judge has been appointed, the judges so appointed may divide their responsibility hereunder.
Mont. Code Ann. § 3-11-204 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-204
3-11-204 Training sessions for judges
Status: in_force

3-11-204 . Training sessions for judges. (1) There must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed city judges. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503 , and the costs of registration and books and other materials must be paid to the elected or appointed judge for attending the sessions. Whenever the office of city judge is held by a justice of the peace, the costs imposed by this subsection are the joint responsibility of the county and the municipality, with the costs to be allocated and charged in proportion to the work done for each governmental entity. In all other cases, the costs must be paid by the city or town in which the judge holds or will hold court and must be charged against that city or town.

(2) Each city judge shall attend the training sessions. Failure to attend disqualifies the judge from office and creates a vacancy in the office. However, the supreme court may excuse a city judge from attendance because of illness, a death in the family, or any other good cause.
Mont. Code Ann. § 3-1-708 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-708
3-1-708 Pretrial program -- rulemaking
Status: in_force

3-1-708 . Pretrial program -- rulemaking. (1) Within the limits of available funds, the office of court administrator shall develop and administer a pretrial program for misdemeanor or felony defendants that includes the use of a validated pretrial risk assessment tool.

(2) The office of court administrator may use program funds to:

(a) develop, implement, and administer the pretrial program; and

(b) make allocations to counties or organizations contracting with a county to provide pretrial services.

(3) Allocated funds may be used for pretrial services staff, to obtain assessment instruments, and to provide supervision of pretrial misdemeanor or felony defendants.

(4) In administering the pretrial program, the office shall:

(a) identify priorities for funding services and activities and the criteria for the allocation of program funds, including that courts accepting funds shall use a validated risk assessment tool to assign release conditions and determine placement options;

(b) monitor the expenditure of funds by counties and organizations receiving funds under this section;

(c) evaluate the effectiveness of services and activities under this section;

(d) establish an advisory council that includes local and district court judges and other stakeholders to provide guidance to the office; and

(e) develop policies and procedures necessary to implement this section, subject to approval of the supreme court.

(5) (a) Funds available under subsection (1) consist of state appropriations and federal funds received by the office for the purposes of administering the pretrial program or any funds received pursuant to subsection (5)(b).

(b) The office may accept gifts, grants, and donations from other public or private sources, which must be used within the scope of this section.
Mont. Code Ann. § 3-1-604 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-604
3-1-604 Restrictions on municipal court judges
Status: in_force

3-1-604 . Restrictions on municipal court judges. A municipal court judge may not practice law before the judge's own municipal court or hold office in a political party during the judge's term of office.
Mont. Code Ann. § 3-10-405 — MT Code / Title 3 / Chapter 10 / Part 4 / Section 3-10-405
3-10-405 Conviction in docket
Status: in_force

3-10-405 . Conviction in docket. The conviction, specifying particularly the offense and the judgment on the conviction, must be entered by the justice of the peace in the docket.
Mont. Code Ann. § 3-5-304 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-304
3-5-304 Process
Status: in_force

3-5-304 . Process. The process of the district court extends to all parts of the state.
Mont. Code Ann. § 3-1-1705 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1705
3-1-1705 Final reports
Status: in_force

3-1-1705 . (Temporary) Final reports. (1) The commission shall compile a final report for each judge relying on that judge's final evaluation. The final report may also be based on further information the commission considers useful for purposes of judicial evaluation or self-improvement.

(2) The commission shall provide the final report to the evaluated judge, the Montana supreme court, and the court administrator.

(3) (a) The commission may publish a partial final report for a judge whose appointment date precludes the collection of complete final evaluation data. For a newly appointed judge, a final report is considered partial when the final evaluation is missing a respondent group.

(b) The commission's web page must identify each judge receiving a partial final report.

(4) Prior to a partial final report, the commission shall inform the court administrator of the judges who will receive partial reports. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-9-106 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-106
3-9-106 Administrative procedure act and rules of evidence applicable
Status: in_force

3-9-106 . Administrative procedure act and rules of evidence applicable. All proceedings and hearings before the workers' compensation judge shall be in accordance with the appropriate provisions of the Montana Administrative Procedure Act. The workers' compensation judge is bound by common law and statutory rules of evidence.
Mont. Code Ann. § 3-10-702 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-702
3-10-702 Governed by law prescribing sheriffs' duties
Status: in_force

3-10-702 . Governed by law prescribing sheriffs' duties. (1) All the provisions of 3-5-407 , 7-32-2101 , 7-32-2102 , 7-32-2121 (1) through (3) and (7) through (12), 7-32-2122 , 7-32-2124 , 7-32-2127 , 7-32-2129 through 7-32-2131 , 7-32-2250 , 25-3-101 , 25-3-202 , 25-3-204 through 25-3-206 , 25-3-301 , 25-3-302 , 25-13-403 , 27-18-305 , and 27-18-1505 apply to constables and govern their powers, duties, and liabilities.

(2) The provisions of 7-32-2141 (1) apply to constables. Fees collected by a constable for services, as provided in 7-32-2141 (1), must be paid to the county treasurer, as provided in 7-4-2511 (2), and credited to the budget of the justice's court.
Mont. Code Ann. § 3-5-112 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-112
3-5-112 Authority of chief justice
Status: in_force

3-5-112 . Authority of chief justice. (1) The chief justice may by written order assign a district judge to hold court in a county of another district if:

(a) for any cause a district court in another district is not or cannot be held in any county by a judge of the other district or acting for the other district; or

(b) the business of the court in the other district is not or cannot be dispatched with reasonable promptness.

(2) A district judge assigned to another district pursuant to subsection (1) shall hold court in the other district for the time specified in the order.
Mont. Code Ann. § 3-1-1101 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1101
3-1-1101 Creation and composition of commission
Status: in_force

3-1-1101 . Creation and composition of commission. (1) There is created a judicial standards commission consisting of five members as follows:

(a) two district court judges appointed by the speaker of the house as provided in 3-1-1115 and confirmed by the senate;

(b) one attorney who has practiced law in this state for at least 10 years, appointed by the attorney general and confirmed by the senate; and

(c) two citizens who are not attorneys or judges of any court, active or retired, appointed by the governor and confirmed by the senate.

(2) Members shall serve staggered 4-year terms.
Mont. Code Ann. § 3-9-105 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-105
3-9-105 Workers' compensation court fund -- annual transfer of funds
Status: in_force

3-9-105 . Workers' compensation court fund -- annual transfer of funds. (1) There is a workers' compensation court fund special revenue account within the state special revenue fund established in 17-2-102 . The money in the account must be used solely for the purpose of administering the workers' compensation court as provided in 3-9-102 .

(2) By July 15 of each fiscal year, the department of labor and industry shall transfer an amount equal to the amount appropriated for the workers' compensation court in the general appropriations act as approved by the legislature from the workers' compensation administration fund established in 39-71-201 to the workers' compensation court fund.
Mont. Code Ann. § 3-5-601 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-601
3-5-601 Court reporters -- appointment -- oath -- employment status
Status: in_force

3-5-601 . Court reporters -- appointment -- oath -- employment status. (1) The judge of a district court may appoint a reporter for the court who is an officer of the court. The court reporter shall take the constitutional oath of office and file it with the clerk of court. In districts where there are two or more judges, each judge may appoint a reporter. The judge shall direct the performance of the court reporter's duties.

(2) Court reporter services may be provided by a court reporter appointed:

(a) as a state employee foregoing transcription fees;

(b) as a state employee retaining transcription fees; or

(c) as an independent contractor.

(3) A court reporter appointed under subsection (2)(a) or (2)(b) is subject to classification and compensation as determined by the judicial branch personnel plan adopted under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.

(4) (a) If a court reporter is appointed under subsection (2)(a), the state shall provide all equipment and supplies for the reporter's use. Any transcription fees paid for the reporter's transcription services must be forwarded to the department of revenue for deposit in the state general fund.

(b) If a court reporter is appointed under subsection (2)(b), the state shall provide equipment and supplies for the reporter's use, except that the reporter shall provide and maintain all equipment and supplies for performance of transcription duties unless equipment is shared as provided in subsection (5). A reporter may not receive overtime for time spent on preparation of transcripts for which the reporter retains fees. The reporter shall retain all transcription fees paid for the reporter's transcription services.

(c) A court reporter appointed under subsection (2)(c) shall contract with the judicial branch as an independent contractor. The reporter shall provide and maintain the reporter's necessary equipment and supplies, retain all transcription fees paid for the reporter's transcript preparation services, and maintain professional liability insurance and workers' compensation coverage unless an exemption from workers' compensation coverage has been obtained pursuant to 39-71-401 .

(5) A court reporter may use state-owned equipment under policies adopted by the district court council under 3-1-1602 to avoid duplication of equipment costs. Use of shared equipment under this subsection is not a violation of 2-2-121 (2)(a).
Mont. Code Ann. § 3-1-204 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-204
3-1-204 Clerk of court to keep seal
Status: in_force

3-1-204 . Clerk of court to keep seal. The clerk of the court must keep the seal thereof.
Mont. Code Ann. § 3-9-113 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-113
3-9-113 Authority to review, diminish, or increase awards
Status: in_force

3-9-113 . Authority to review, diminish, or increase awards. The judge may, upon the petition of a claimant or an insurer that the disability of the claimant has changed or that the claimant received benefits through fraud or deception, review, diminish, or increase, in accordance with the law on benefits as set forth in Title 39, chapter 71, any benefits previously awarded by the judge. An insurer's petition alleging that the claimant received benefits through fraud or deception must be filed within 2 years after the insurer discovers the fraud or deception.
Mont. Code Ann. § 3-1-1108 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1108
3-1-1108 Nonparticipation of interested judicial officer
Status: in_force

3-1-1108 . Nonparticipation of interested judicial officer. A judicial officer who is a member of the commission or of the supreme court may not participate in any proceeding involving the officer's own censure, suspension, removal, or retirement or that of the officer's spouse, a relative within the sixth degree of consanguinity, or the spouse of a relative related within the sixth degree.