Mont. Code Ann. § 3-1-602 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-602
3-1-602 Restrictions on justices of the peace practicing law or taking claims for collection
Status: in_force

3-1-602 . Restrictions on justices of the peace practicing law or taking claims for collection. (1) Except as provided in subsection (2), a justice of the peace may not:

(a) practice law;

(b) draw contracts, conveyances, or other legal instruments or documents;

(c) take any claim or bill for collection or act as a collection agent in any sense; or

(d) perform any legal duties other than those prescribed by law as the justice's official duties in the conduct of cases and proceedings in the justice's court.

(2) A justice of the peace who is an attorney and who is admitted to practice law before the supreme court of the state of Montana may engage in the general practice of law and practice law in all courts in the state of Montana, except that the justice, the justice's law partner or associate, or a member, associate, or employee of a firm of which the justice is a member may not represent a party involved in a case that is filed or tried in the justice's court or in any justice's court located in the same county as the justice's court or that is appealed from a justice's court in that county.

(3) A justice of the peace who violates any of the provisions of this section is guilty of malfeasance in office and must be removed from the office of justice of the peace and is disqualified from holding that office.
Mont. Code Ann. § 3-10-203 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-203
3-10-203 Orientation course -- annual training
Status: in_force

3-10-203 . Orientation course -- annual training. (1) Under the supervision of the supreme court, a course of study must be presented as soon as is practical following each general election. Actual and necessary travel expenses, as defined and 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 justice of the peace for attending the course by the county in which the justice of the peace holds or will hold court and must be charged against that county.

(2) There must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed justices of the peace. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, as defined and 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 justice of the peace for attending the sessions by the county in which the justice of the peace holds or will hold court and must be charged against that county.

(3) Each justice of the peace shall attend the training sessions provided for in subsection (2). Failure to attend disqualifies the justice of the peace from office and creates a vacancy in the office. However, the supreme court may excuse a justice of the peace from attendance because of illness, a death in the family, or any other good cause.
Mont. Code Ann. § 3-15-901 — MT Code / Title 3 / Chapter 15 / Part 9 / Section 3-15-901
3-15-901 Trial jury right in constitutional challenges -- definition
Status: in_force

3-15-901 . Trial jury right in constitutional challenges -- definition. (1) When a proceeding challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101 , and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.

(2) When a proceeding under this chapter challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101 , and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.
Mont. Code Ann. § 3-5-510 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-510
3-5-510 Duties relating to jurors and witnesses
Status: in_force

3-5-510 . Duties relating to jurors and witnesses. The clerk of the district court shall keep a:

(1) "Witness Book", which must contain blank warrants as provided in 3-5-511 ; and

(2) record of the attendance of all jurors and witnesses in criminal actions and compute the amount due them for mileage. The distance from any point to the court must be determined by the shortest traveled route.
Mont. Code Ann. § 3-5-126 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-126
3-5-126 Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings
Status: in_force

3-5-126 . Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings. (1) Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitted to the standing master, the standing master shall hold a hearing. When a hearing is not required, the standing master shall submit findings of fact, conclusions of law, and a proposed order to the clerk of court on the matters submitted to the standing master by the order of reference. The standing master shall file the findings of fact and conclusions of law or order with the clerk of the court and promptly serve copies on all parties in accordance with applicable law. All contested proceedings before the standing master must be audio or video recorded. The standing master shall, at the expense of the district court, file a recording of the proceedings and of the evidence and the original exhibits. The record of the proceedings before the standing master must be made available to the public to the same extent other records of the district court are available to the public. The reasonable cost of the preparation of a duplicate of the recording is the responsibility of the objecting party. The objecting party shall serve a copy of the duplicate recording on adverse parties.

(2) Within 10 days after being served with notice of the filing of the findings of fact and conclusions of law or order, any party may file and serve written specific objections or apply to the district court for an extension. The district court, after a hearing, if requested, may adopt the findings of fact and conclusions of law or order and may modify, reject in whole or in part, receive further evidence, or recommit the matter to the standing master with instructions. If a party seeks to admit further evidence and the request is denied, the party may make an offer of proof with affidavits and additional proposed exhibits.

(3) When the parties stipulate that a standing master's findings of fact are final, only questions of law arising on the findings of fact and conclusions of law may be considered.
Mont. Code Ann. § 3-1-126 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-126
3-1-126 Local government authority to supplement district court budget
Status: in_force

3-1-126 . Local government authority to supplement district court budget. A local government may contract with the supreme court administrator's office to provide funds to supplement the budget of a district court in the county's jurisdiction.
Mont. Code Ann. § 3-10-402 — MT Code / Title 3 / Chapter 10 / Part 4 / Section 3-10-402
3-10-402 Proceedings
Status: in_force

3-10-402 . Proceedings. When a contempt is committed, whether or not it is in the immediate view and presence of the justice, the procedures contained in 3-1-501 (4) and (5), 3-1-511 through 3-1-518 , and 3-1-520 through 3-1-523 apply.
Mont. Code Ann. § 3-7-223 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-223
3-7-223 Duties of chief water judge
Status: in_force

3-7-223 . Duties of chief water judge. The chief water judge shall:

(1) administer the adjudication of existing water rights by:

(a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to ensure that the information is expeditiously and properly compiled and transferred to the water judge in each water division;

(b) ensuring that the water judge in each water division moves without unreasonable delay to enter the required preliminary decree; and

(c) ensuring that any contested or conflicting claims are tried and adjudicated as expeditiously as possible;

(2) conduct hearings in cases certified to the district court under 85-2-309 ;

(3) conduct proceedings for petitions for judicial review filed with the water court under 2-4-702 ;

(4) assign court personnel to divisions and duties as needed;

(5) assign the associate water judge to divisions and cases as needed; and

(6) request and secure the transfer of water judges between divisions as needed.
Mont. Code Ann. § 3-5-203 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-203
3-5-203 Term of office
Status: in_force

3-5-203 . Term of office. The term of office of judges of the district court is 6 years and begins on the first Monday of January next succeeding their election.
Mont. Code Ann. § 3-2-303 — MT Code / Title 3 / Chapter 2 / Part 3 / Section 3-2-303
3-2-303 Term of supreme court
Status: in_force

3-2-303 . Term of supreme court. The supreme court may have only one term each year. The term must be held at the seat of government and must commence on the first day of January.
Mont. Code Ann. § 3-15-601 — MT Code / Title 3 / Chapter 15 / Part 6 / Section 3-15-601
3-15-601 When and how drawn and summoned
Status: in_force

3-15-601 . When and how drawn and summoned. (1) Whenever in the opinion of the district court judge a grand jury is necessary, the judge shall make an order directing a grand jury to be drawn and summoned to attend before the court. The order must specify the number of jurors to be drawn, which may not be less than 15 or more than 20.

(2) The jurors must be drawn from the jury box or the computer database provided for in 3-15-404 . If jurors are selected from the computer database, it must be through a computerized random selection process that the judges of the district court of the county have approved in writing as the requirements for the drawing of grand juries. A copy of the latest jury list and a description of the approved computer process employed in the selection must be kept in the office of the clerk of court and must be available for public inspection during normal business hours.

(3) The list of names must be certified and the jurors summoned in the same manner as for trial jurors. The names or numbers of any persons drawn who are not impaneled on the grand jury must be returned to the jury box or reinstated on the computer database.
Mont. Code Ann. § 3-1-1706 — MT Code / Title 3 / Chapter 1 / Part 17 / Section 3-1-1706
3-1-1706 Publication of judicial performance reports
Status: in_force

3-1-1706 . (Temporary) Publication of judicial performance reports. (1) (a) The commission shall provide each judge with the judge's reports in a timely manner. If a report is based on a final evaluation, it must be provided at least 45 days before the last day on which the judge may file a declaration of the judge's candidacy in the next election.

(b) Each report, together with the information collected for the report, must remain confidential unless the judge who is the subject of the report files a declaration of candidacy in the ensuing election. In that event, the report becomes public record on the day following the last day on which the judge may file a declaration of candidacy.

(2) The report must include:

(a) a summary of the results of the judicial performance survey and tabulations of the responses to each question;

(b) information concerning any public discipline that a judge has received and is not subject to restrictions on disclosure under Title 3, chapter 1, part 11;

(c) a narrative describing the judge's performance with, at the option of the commission, an overall score on a numerical scale from one to five;

(d) at the option of the judge evaluated, a written statement not to exceed 200 words submitted by the judge within 15 days of receiving a copy of the report; and

(e) any other information the commission considers necessary to include in the report.

(3) The report may not refer to information from a judge's earlier judicial performance report.

(4) The commission shall make each report publicly available on the internet.

(5) The commission shall provide the court administrator with each report that becomes public record. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-7-224 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-224
3-7-224 Jurisdiction of chief water judge and associate water judge
Status: in_force

3-7-224 . Jurisdiction of chief water judge and associate water judge. (1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.

(2) The chief water judge and the associate water judge have jurisdiction over cases certified to the district court under 85-2-309 , all matters relating to the determination of existing water rights within the boundaries of the state of Montana, and all petitions for judicial review filed with the water court under 2-4-702 .

(3) With regard to the consideration of a matter within the chief water judge's jurisdiction, the chief water judge and the associate water judge have the same powers as a district court judge. The chief water judge and the associate water judge may issue orders, on the motion of an interested party or on the judge's own motion, that may reasonably be required to allow the judge to fulfill the judge's responsibilities, including but not limited to requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 , 85-2-402 , or 85-2-429 as considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309 (2).
Mont. Code Ann. § 3-15-705 — MT Code / Title 3 / Chapter 15 / Part 7 / Section 3-15-705
3-15-705 Manner of impaneling
Status: in_force

3-15-705 . Manner of impaneling. The jury must be impaneled as provided in:

(1) Title 46, if the action is a criminal one;

(2) Title 25, chapter 7, part 2, and Rule 18B, Montana Justice and City Court Rules of Civil Procedure, if the action is a civil one.
Mont. Code Ann. § 3-6-110 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-110
3-6-110 Appeal to district court -- record on appeal
Status: in_force

3-6-110 . Appeal to district court -- record on appeal. (1) A party may appeal to district court from a municipal court judgment or order. 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.
Mont. Code Ann. § 3-1-120 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-120
3-1-120 Court financial accounts
Status: in_force

3-1-120 . Court financial accounts. Except for accounts kept in the state treasury or a county treasury, each financial account kept by a court may be kept in an interest-bearing account in a financial institution. The interest earned on the interest-bearing account must be used to help defray the administrative costs of the court.
Mont. Code Ann. § 3-10-205 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-205
3-10-205 Term of office
Status: in_force

3-10-205 . Term of office. The term of office of justices of the peace is as provided in 7-4-2205 .
Mont. Code Ann. § 3-15-507 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-507
3-15-507 Clerk to call list of jurors summoned
Status: in_force

3-15-507 . Clerk to call list of jurors summoned. On the day that trial jurors have been summoned to appear, the clerk shall call the names of those summoned and not excused.
Mont. Code Ann. § 3-6-201 — MT Code / Title 3 / Chapter 6 / Part 2 / Section 3-6-201
3-6-201 Number of judges -- election -- term of office -- chief judge -- duties of chief judge
Status: in_force

3-6-201 . Number of judges -- election -- term of office -- chief judge -- duties of chief judge. (1) The governing body of a city shall determine by ordinance the number of judges required to operate the municipal court.

(2) A municipal court judge must be elected at the general election, as provided in 13-1-104 (3). The judge's term commences on the first Monday in January following the election. The judge shall hold office for the term of 4 years and until a successor is elected and qualified.

(3) Except as provided in subsection (2), all elections of municipal court judges are governed by the laws applicable to the election of district court judges.

(4) (a) If there is more than one municipal court judge, the judges shall adopt a procedure by which they either:

(i) select a chief municipal court judge at the beginning of each calendar year; or

(ii) select a chief municipal court judge for a specific period of time.

(b) If the judges cannot agree, the judge with the most seniority shall serve as the chief municipal court judge.

(5) The chief municipal court judge shall provide for the efficient management of the court, in cooperation with the other judge or judges, if any, and shall:

(a) maintain a central docket of the court's cases;

(b) provide for the distribution of cases from the central docket among the judges, if there is more than one judge, in order to equalize the work of the judges;

(c) request the jurors needed for cases set for jury trial;

(d) if there is more than one judge, temporarily reassign or substitute judges among the departments as necessary to carry out the business of the court; and

(e) supervise and control the court's personnel and the administration of the court.
Mont. Code Ann. § 3-2-714 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-714
3-2-714 Civil legal assistance for indigent victims of domestic violence account
Status: in_force

3-2-714 . Civil legal assistance for indigent victims of domestic violence account. (1) There is a civil legal assistance for indigent victims of domestic violence account in the state special revenue fund. There must be paid into this account the filing fees paid under 25-1-201 (3)(a) and (5). The money in the account must be used solely for the purpose of providing legal representation for indigent victims in civil matters in domestic violence cases and for alternative dispute resolution initiatives in family law cases. Money in the account may not be used for class action lawsuits.

(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The supreme court administrator may designate nonprofit organizations that ordinarily render or finance legal services to indigent persons in civil matters in domestic violence cases to receive or administer the distribution of the funds.
Mont. Code Ann. § 3-10-703 — MT Code / Title 3 / Chapter 10 / Part 7 / Section 3-10-703
3-10-703 Compensation
Status: in_force

3-10-703 . Compensation. The board of county commissioners shall, by resolution, on or before July 1 of each year, fix the salary of constables for the following fiscal year. Constables shall receive mileage, at the rate provided by law, when performing their official duties.
Mont. Code Ann. § 3-10-101 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-101
3-10-101 Number and location of justices' courts -- authorization to combine with city court -- justice's court of record
Status: in_force

3-10-101 . Number and location of justices' courts -- authorization to combine with city court -- justice's court of record. (1) There must be at least one justice's court in each county of the state, which must be located at the county seat. The board of county commissioners shall designate the number of justices in each justice's court.

(2) The board of county commissioners of each county of the state may establish:

(a) one additional justice's court located anywhere in the county; and

(b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).

(3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to constitute a justice's court in the city. A justice's court must be established in the city if the board of county commissioners approves the request by resolution.

(4) A justice of the peace of a court established pursuant to subsection (3) may act as the city judge upon passage of a city ordinance authorizing the action and upon approval of the ordinance by resolution of the board of county commissioners. If the ordinance and resolution are passed, the city and the county shall enter into an agreement for proportionate payment of the justice's salary, as established under 3-10-207 and 3-11-202 , and for proportionate reimbursement for the use of facilities.

(5) A county may establish the justice's court as a court of record. If the justice's court is established as a court of record, it must be known as a "justice's court of record" and, in addition to the provisions of this chapter, is also subject to the provisions of 3-10-115 and 3-10-116 . The court's proceedings must be recorded by electronic recording or stenographic transcription and all papers filed in a proceeding must be included in the record. A justice's court of record may be established by a resolution of the county commissioners or pursuant to 7-5-137 and Title 13, chapter 28.
Mont. Code Ann. § 3-2-301 — MT Code / Title 3 / Chapter 2 / Part 3 / Section 3-2-301
3-2-301 Who shall preside
Status: in_force

3-2-301 . Who shall preside. The chief justice presides at all sessions of the supreme court, and in case of the chief justice's absence, the associate justice having the shortest term to serve presides.
Mont. Code Ann. § 3-1-305 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-305
3-1-305 Adjournment until next regular term
Status: in_force

3-1-305 . Adjournment until next regular term. If no judge attends for 6 days and no written order or telegram be made or sent as provided in 3-1-304 , the sheriff or clerk must adjourn the term until the time appointed for the holding of the next regular term.
Mont. Code Ann. § 3-5-211 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-211
3-5-211 Salaries and expenses of district court judges
Status: in_force

3-5-211 . Salaries and expenses of district court judges. (1) Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of judges of courts of general jurisdiction similar to the Montana district courts for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for a Montana district court judge in determining the average salary. If the average salary is greater than the salary for a district court judge in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salary is the new salary for that position. A district court judge's salary may not be reduced.

(2) Actual and necessary expenses for each district court judge are the travel expenses, as defined and provided in 2-18-501 through 2-18-503 , incurred in the performance of the district court judge's official duties.
Mont. Code Ann. § 3-1-805 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-805
3-1-805 Disqualification for cause
Status: in_force

3-1-805 . Disqualification for cause.

DISQUALIFICATION FOR CAUSE

This section is limited in its application to judges presiding in district courts, justice of the peace courts, municipal courts, small claims courts, and city courts.

1. Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge shall proceed no further in the cause. If the affidavit is filed against a district judge, the matter shall be referred to the Montana Supreme Court. If the affidavit is in compliance with subsections (a), (b), and (c) below, the Chief Justice shall assign a district judge to hear the matter. If the affidavit is filed against a judge of a municipal court, justice court, or city court, any district judge presiding in the district of the court involved may appoint either a justice of the peace, a municipal judge or a city court judge, to hear any such proceeding.

(a) The affidavit for disqualification must be filed more than thirty (30) days before the date set for hearing or trial.

(b) The affidavit shall be accompanied by a certificate of counsel of record that the affidavit has been made in good faith. An affidavit will be deemed not to have been made in good faith if it is based solely on rulings in the case which can be addressed in an appeal from the final judgment.

(c) Any affidavit which is not in proper form and which does not allege facts showing personal bias or prejudice may be set aside as void.

(d) The judge appointed to preside at a disqualification proceeding may assess attorneys fees, costs and damages against any party or his attorney who files such disqualification without reasonable cause and thereby hinders, delays or takes unconscionable advantage of any other party, or the court.
Mont. Code Ann. § 3-9-103 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-103
3-9-103 Location of office -- court powers -- withdrawal -- substitution -- vacancy
Status: in_force

3-9-103 . Location of office -- court powers -- withdrawal -- substitution -- vacancy. (1) The principal office of the workers' compensation judge must be in the city of Helena.

(2) The workers' compensation court has power to:

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

(b) provide for the orderly conduct of proceedings before it and its officers;

(c) compel obedience to its judgments, orders, and process in the same manner and by the same procedures as in civil actions in district court;

(d) compel the attendance of persons to testify; and

(e) punish for contempt in the same manner and by the same procedures as in district court.

(3) The workers' compensation judge shall withdraw from all or part of any matter if the judge believes the circumstances make disqualification appropriate. In the case of a withdrawal, the workers' compensation judge shall designate and contract for a substitute workers' compensation judge to preside over the proceeding from the list provided for in subsection (7).

(4) If the office of the workers' compensation judge becomes vacant and before the vacancy is permanently filled pursuant to Title 3, chapter 1, part 9, the chief justice of the Montana supreme court shall appoint a substitute judge within 30 days of receipt of the notice of vacancy. The chief justice shall select a substitute judge from the list provided for in subsection (7) or from the pool of retired state district court judges. The chief justice may appoint a substitute judge for a part of the vacancy or for the entire duration of the vacancy, and more than one substitute judge may be appointed to fill a vacancy.

(5) If a temporary vacancy occurs because the workers' compensation judge is suffering from a disability that temporarily precludes the judge from carrying out the duties of office for more than 60 days, a substitute judge must be appointed from the substitute judge list identified in subsection (7) by the current judge, if able, or by the chief justice of the supreme court. The substitute judge may not serve more than 90 days after appointment under this subsection. This subsection applies only if the workers' compensation judge is temporarily unable to carry out the duties of office due to a disability, and proceedings to permanently replace the judge under Title 3, chapter 1, part 9, may not be instituted.

(6) A substitute judge must be compensated at the same hourly rate charged by the department of justice agency legal services bureau for the provision of legal services to state agencies. A substitute judge must be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 . When a substitute judge has accepted jurisdiction, the clerk of the workers' compensation court shall mail a copy of the assumption of jurisdiction to each attorney or party of record. The certificate of service must be attached to the assumption of jurisdiction form in the court file.

(7) The workers' compensation judge shall maintain a list of persons who are interested in serving as a substitute workers' compensation judge in the event of a recusal by the judge or a vacancy and who prior to being put on the list of potential substitutes have been admitted to the practice of law in Montana for at least 5 years, currently reside in Montana, and have resided in the state for 2 years.
Mont. Code Ann. § 3-2-101 — MT Code / Title 3 / Chapter 2 / Part 1 / Section 3-2-101
3-2-101 Number, election, and term of office
Status: in_force

3-2-101 . Number, election, and term of office. The supreme court consists of a chief justice and six associate justices who are elected by the qualified electors of the state at large at the general state elections next preceding the expiration of the terms of office of their predecessors, respectively, and hold their offices for the term of 8 years from and after the first Monday of January next succeeding their election.
Mont. Code Ann. § 3-5-302 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-302
3-5-302 Original jurisdiction
Status: in_force

3-5-302 . Original jurisdiction. (1) The district court has original jurisdiction in:

(a) all criminal cases amounting to felony;

(b) all civil and probate matters;

(c) all cases at law and in equity;

(d) all cases of misdemeanor not otherwise provided for; and

(e) all special actions and proceedings that are not otherwise provided for.

(2) The district court has concurrent original jurisdiction with the justice's court in the following criminal cases amounting to misdemeanor:

(a) misdemeanors arising at the same time as and out of the same transaction as a felony or misdemeanor offense charged in district court;

(b) misdemeanors resulting from the reduction of a felony or misdemeanor offense charged in the district court; and

(c) misdemeanors resulting from a finding of a lesser included offense in a felony or misdemeanor case tried in district court.

(3) The district court has exclusive original jurisdiction in all civil actions that might result in a judgment against the state for the payment of money.

(4) The district court has the power of naturalization and of issuing papers for naturalization in all cases where it is authorized to do so by the laws of the United States.

(5) The district court and its judges have power to issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective districts. Injunctions and writs of prohibition and habeas corpus may be issued and served on legal holidays and nonjudicial days.
Mont. Code Ann. § 3-1-608 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-608
3-1-608 Forced vacancy
Status: in_force

3-1-608 . Forced vacancy. In the event of a failure to resign, the office of chief justice, associate justice, or district judge automatically becomes vacant and the former occupant has no further right, power, or authority therein for any purpose and no right to any emoluments thereof, notwithstanding the fact that a successor is not appointed or elected. The vacancy becomes operative to deprive the person of the emoluments of the office in order to carry out the policy of this section and 3-1-607 .
Mont. Code Ann. § 3-12-103 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-103
3-12-103 Creation of court
Status: in_force

3-12-103 . Creation of court. (1) A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which the county is located or by county initiative as provided in Title 7, chapter 5, part 1.

(2) Upon passage of the resolution or initiative, the judge of the appropriate judicial district shall, by court order, establish a small claims court under the provisions of this chapter.

(3) When the order is filed with the clerk of the district court of the appropriate county, the clerk of the district court becomes the clerk of the small claims court.
Mont. Code Ann. § 3-15-701 — MT Code / Title 3 / Chapter 15 / Part 7 / Section 3-15-701
3-15-701 When and by whom jurors summoned
Status: in_force

3-15-701 . When and by whom jurors summoned. When jurors are required in any court of limited jurisdiction, they:

(1) must, upon the order of the judge, be summoned by a sheriff, constable, marshal, or police officer of the jurisdiction; or

(2) may be summoned by the judge of the court of limited jurisdiction or by the clerk of that court.
Mont. Code Ann. § 3-15-312 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-312
3-15-312 Discharge by court or jury commissioner
Status: in_force

3-15-312 . Discharge by court or jury commissioner. The court or jury commissioner with the approval of the court must discharge a person from serving as a trial juror in either of the following cases:

(1) when it satisfactorily appears that the person is not competent; or

(2) when it satisfactorily appears that the person should be excused under 3-15-313 .
Mont. Code Ann. § 3-6-303 — MT Code / Title 3 / Chapter 6 / Part 3 / Section 3-6-303
3-6-303 Officers of court
Status: in_force

3-6-303 . Officers of court. (1) The chief of police of the city is the executive officer of the municipal court. The chief of police shall serve all process and execute all orders of the court, either in person or by subordinate police officer, who shall execute process in the chief's name.

(2) The chief of police, with the approval of the judge, shall appoint one or more police officers or reserve officers, as defined in 7-32-201 , as court officers, one of whom shall attend the sessions of the court and perform all duties in connection with the court that the judge may require.
Mont. Code Ann. § 3-1-101 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-101
3-1-101 The several courts of this state
Status: in_force

3-1-101 . The several courts of this state. The following are courts of justice of this state:

(1) the court of impeachment, which is the senate;

(2) the supreme court;

(3) the district courts;

(4) the municipal courts;

(5) the justices' courts;

(6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.
Mont. Code Ann. § 3-5-117 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-117
3-5-117 Rooms -- records
Status: in_force

3-5-117 . Rooms -- records. (1) Each trial before a judge pro tempore must be conducted in a suitable room in the courthouse in the judicial district where the action was filed, unless the parties or their attorneys stipulate in writing that the trial may be held elsewhere.

(2) All records must be filed and kept in accordance with the rules governing the district court where the action was filed.
Mont. Code Ann. § 3-5-101 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-101
3-5-101 Judicial districts defined
Status: in_force

3-5-101 . Judicial districts defined. In this state, there are 22 judicial districts, distributed as follows:

(1) 1st district: Lewis and Clark and Broadwater Counties;

(2) 2nd district: Silver Bow County;

(3) 3rd district: Deer Lodge, Granite, and Powell Counties;

(4) 4th district: Missoula and Mineral Counties;

(5) 5th district: Beaverhead, Jefferson, and Madison Counties;

(6) 6th district: Park and Sweet Grass Counties;

(7) 7th district: Dawson, McCone, Richland, Prairie, and Wibaux Counties;

(8) 8th district: Cascade County;

(9) 9th district: Teton, Pondera, Toole, and Glacier Counties;

(10) 10th district: Fergus, Judith Basin, and Petroleum Counties;

(11) 11th district: Flathead County;

(12) 12th district: Liberty, Hill, and Chouteau Counties;

(13) 13th district: Yellowstone County;

(14) 14th district: Meagher, Wheatland, Golden Valley, and Musselshell Counties;

(15) 15th district: Roosevelt, Daniels, and Sheridan Counties;

(16) 16th district: Custer, Carter, Fallon, Powder River, Garfield, Treasure, and Rosebud Counties;

(17) 17th district: Phillips, Blaine, and Valley Counties;

(18) 18th district: Gallatin County;

(19) 19th district: Lincoln County;

(20) 20th district: Lake and Sanders Counties;

(21) 21st district: Ravalli County;

(22) 22nd district: Stillwater, Carbon, and Big Horn Counties.
Mont. Code Ann. § 3-2-204 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-204
3-2-204 Powers and duties of court on appeals
Status: in_force

3-2-204 . Powers and duties of court on appeals. (1) The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had.

(2) The decision of the court must be given in writing, and a syllabus thereof must be prepared by the court and filed with the opinion.

(3) In giving its decision, if a new trial be granted, the court must pass upon and determine all the questions of law involved in the case presented upon such appeal and necessary to the final determination of the case.

(4) Its judgment in appealed cases must be remitted to the court from which the appeal was taken.

(5) In equity cases and in matters and proceedings of an equitable nature, the supreme court shall review all questions of fact arising upon the evidence presented in the record, whether the same be presented by specifications of particulars in which the evidence is alleged to be insufficient or not, and determine the same, as well as questions of law, unless for good cause a new trial or the taking of further evidence in the court below be ordered. Nothing herein shall be construed to abridge in any manner the powers of the supreme court in other cases.
Mont. Code Ann. § 3-1-102 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-102
3-1-102 Courts of record
Status: in_force

3-1-102 . Courts of record. The court of impeachment, the supreme court, the district courts, the workers' compensation court, the municipal courts, the justices' courts of record, and the city courts of record are courts of record.
Mont. Code Ann. § 3-12-101 — MT Code / Title 3 / Chapter 12 / Part 1 / Section 3-12-101
3-12-101 Purpose -- liberal construction
Status: in_force

3-12-101 . Purpose -- liberal construction. It is the purpose of this chapter to provide a speedy remedy in claims falling under this chapter and to promote a forum in which the claims may be heard and disposed of without the necessity of formal trial. For this reason, the provisions of this chapter should be liberally construed to provide an informal but equitable means of justice, and the judges appointed under this chapter are required to assist all parties before them to obtain substantial justice.
Mont. Code Ann. § 3-2-702 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-702
3-2-702 Advisory committee
Status: in_force

3-2-702 . Advisory committee. Before any rules are adopted, the supreme court shall appoint an advisory committee consisting of eight members of the bar of the state and at least three judges of the district court to assist the court in considering and preparing such rules as it may adopt.
Mont. Code Ann. § 3-1-1508 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1508
3-1-1508 Credit toward annual training
Status: in_force

3-1-1508 . Credit toward annual training. Attendance of a training course prescribed by 3-1-1502 shall apply toward fulfillment of mandatory annual training requirements provided in 3-10-203 and 3-11-204 .
Mont. Code Ann. § 3-10-1005 — MT Code / Title 3 / Chapter 10 / Part 10 / Section 3-10-1005
3-10-1005 Docket entries
Status: in_force

3-10-1005 . Docket entries. The justice of the peace shall enter in the docket kept by the justice for small claims cases the following:

(1) the title of each action;

(2) the amount claimed;

(3) the date the order of court/notice to defendant was signed and the date of the trial as stated in the order;

(4) the date the parties appeared or the date on which default was entered;

(5) each adjournment, stating on whose application and to what time;

(6) the judgment of the court;

(7) a statement of any money paid to the justice, when, and by whom;

(8) the date of the issuance of any abstract of the judgment; and

(9) the date of the receipt of the notice of appeal, if any is given, and of the appeal bond, if any is filed.
Mont. Code Ann. § 3-10-501 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-501
3-10-501 Contents of docket -- electronic filing and storage of court records
Status: in_force

3-10-501 . Contents of docket -- electronic filing and storage of court records. (1) Each justice shall keep a book, denominated a "docket", in which the justice shall enter:

(a) the title of each action or proceeding;

(b) the object of the action or proceeding and, if a sum of money is claimed, the amount;

(c) the date of the summons and the time of its return and, if an order to arrest the defendant is made or a writ of attachment is issued, a statement of the fact;

(d) the time when the parties or either of them appear or their nonappearance if default is made; a minute of the pleading and motions, if in writing, referring to them, if not in writing, a concise statement of the material parts of the pleadings;

(e) each adjournment, stating on whose application and to what time;

(f) the demand for a trial by jury, when the demand is made, and by whom made; the order for the jury; and the time appointed for the return of the jury and for the trial;

(g) the names of the jurors who appear and are sworn and the names of all witnesses sworn and at whose request;

(h) the verdict of the jury and when received; if the jury disagree and is discharged, the fact of disagreement and discharge;

(i) the judgment of the court, specifying the costs included and the time when rendered, and an itemized statement of the costs;

(j) the issuing of the execution, when issued, and to whom; the renewals of the execution, if any, and when made; and a statement of any money paid to the justice, when paid, and by whom;

(k) the receipt of a notice of appeal, if any is given, and of the undertaking on appeal, if any is filed.

(2) The justice 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. § 3-2-501 — MT Code / Title 3 / Chapter 2 / Part 5 / Section 3-2-501
3-2-501 Appointment of marshal and other employees
Status: in_force

3-2-501 . Appointment of marshal and other employees. (1) The supreme court shall appoint a marshal of the supreme court and may appoint other attendants, reporters, and clerks that are necessary, who hold office at the pleasure of the court.

(2) The marshal and other persons appointed under subsection (1) are employees of the judicial branch of state government, are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130 , and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
Mont. Code Ann. § 3-1-611 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-611
3-1-611 Judicial conflict of interest -- recusal -- definitions
Status: in_force

3-1-611 . Judicial conflict of interest -- recusal -- definitions. (1) Any party to a proceeding may request that the judicial officer assigned to the proceeding be recused if an opposing party or lawyer or a lawyer's law firm representing an opposing party meets the criteria in subsection (1)(a) or (1)(b):

(a) the judicial officer has received one or more combined contributions totaling the maximum amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within the previous 6 years; or

(b) a lawyer, the lawyer's law firm, or party to the proceeding has made one or more contributions directly or indirectly to a political committee or other entity that engaged in independent expenditures that supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total combined amount of the contributions exceeds $10,000 for a candidate for a supreme court office or $5,000 for a candidate for any other judicial office.

(2) The moving party shall provide sufficient facts to demonstrate that the criteria in subsection (1) have been met.

(3) On receipt of the motion and the information required by subsection (2), the judicial officer shall recuse.

(4) A judicial officer may not use the legal doctrine of the rule of necessity to avoid recusal because of a conflict of interest in which other judicial officers with less immediate or less significant conflicts are available to serve as substitutes.

(5) For the purposes of this section:

(a) "contribution" has the meaning provided in 13-1-101 ; and

(b) "judicial officer" has the meaning provided in 1-1-202 .
Mont. Code Ann. § 3-9-117 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-117
3-9-117 Stay pending determination by district court
Status: in_force

3-9-117 . Stay pending determination by district court. Upon a motion and filing of an affidavit by either party and after a hearing, the workers' compensation judge may grant a stay of proceedings in the workers' compensation court if a criminal action involving workers' compensation insurance fraud by a claimant has been filed in district court.
Mont. Code Ann. § 3-15-402 — MT Code / Title 3 / Chapter 15 / Part 4 / Section 3-15-402
3-15-402 Selection of qualified persons
Status: in_force

3-15-402 . Selection of qualified persons. The secretary of state shall select from the most recent list of all registered active electors, as defined in 13-1-101 , and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. On or before the second Monday of April of each year, the secretary of state shall deliver the list to the office of court administrator. The office of court administrator shall then combine the resulting list with the list submitted to the office of court administrator under 61-5-127 , ensuring that a person's name does not appear on the combined list more than once. Each name appearing on the combined list must be assigned a number that must be placed opposite the name on the combined list and must be considered the number of the juror opposite whose name it appears. A person's name may not appear on a combined list for more than one court during a 1-year term.
Mont. Code Ann. § 3-15-403 — MT Code / Title 3 / Chapter 15 / Part 4 / Section 3-15-403
3-15-403 Jury lists -- filing -- public inspection
Status: in_force

3-15-403 . Jury lists -- filing -- public inspection. (1) On or before the first Monday in May, the combined list prepared under 3-15-402 must be delivered by the office of court administrator to the clerk of the district court and filed by the clerk of the district court in the clerk of the district court's office no later than 5 business days after the receipt of the combined list.

(2) A copy of the latest jury lists filed under subsection (1) and compiled under 3-15-404 and 46-17-202 and a description of the approved computerized random selection process, if one is used, must be kept in the office of the clerk of the district court. An excerpt, listing the name, address, and birth year of all jurors, must be made available for public inspection during normal business hours.
Mont. Code Ann. § 3-12-201 — MT Code / Title 3 / Chapter 12 / Part 2 / Section 3-12-201
3-12-201 Appointment -- salary and expenses -- qualifications
Status: in_force

3-12-201 . Appointment -- salary and expenses -- qualifications. (1) The judges of the judicial district in which a small claims court has been created shall appoint a judge of the small claims court who shall:

(a) take the oath required of judges;

(b) serve at the pleasure of the district court judges;

(c) be paid a salary set by the district court judges and actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503 ; and

(d) be an attorney licensed to practice law in Montana.

(2) The judges of the district court may appoint more than one small claims court judge for any small claims court. The salary shall be prorated among the judges appointed.
Mont. Code Ann. § 3-7-102 — MT Code / Title 3 / Chapter 7 / Part 1 / Section 3-7-102
3-7-102 Water divisions boundaries
Status: in_force

3-7-102 . Water divisions boundaries. There are four water divisions whose boundaries are formed by the natural divides between drainages and the borders of the state of Montana and which are described as follows:

(1) The Yellowstone River basin water division consists of those areas drained by the Yellowstone and Little Missouri Rivers and any remaining areas in Carter County.

(2) The lower Missouri River basin water division consists of those areas drained by the Missouri River from below the mouth of the Marias River and any remaining areas in Glacier and Sheridan Counties.

(3) The upper Missouri River basin water division consists of those areas drained by the Missouri River to below the mouth of the Marias River.

(4) The Clark Fork River basin water division consists of the areas drained by the Clark Fork River, the Kootenai River, and any remaining areas in Lincoln County.
Mont. Code Ann. § 3-2-401 — MT Code / Title 3 / Chapter 2 / Part 4 / Section 3-2-401
3-2-401 Election and term of office
Status: in_force

3-2-401 . Election and term of office. There must be a clerk of the supreme court who must be elected by the electors at large of the state and hold office for the term of 6 years from the first Monday of January following the clerk's election.
Mont. Code Ann. § 3-10-206 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-206
3-10-206 Vacancies
Status: in_force

3-10-206 . Vacancies. Subject to the residency requirements provided in 3-10-204 and the election requirements provided in 3-10-201 (2) and (3), a vacancy in the office of a justice of the peace must be filled pursuant to 7-4-2206 until a successor is elected and qualified.
Mont. Code Ann. § 3-1-202 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-202
3-1-202 Seal of supreme court
Status: in_force

3-1-202 . Seal of supreme court. The seal of the supreme court is circular in form and not less than 1 3/4 inches in diameter, on which are engraved the words "Supreme Court, State of Montana", with the word "Seal" in the center thereof, which seal must be procured by the clerk of the supreme court at the expense of the state; and an impression thereof, certified to by the clerk, must be filed with the secretary of state.
Mont. Code Ann. § 3-10-514 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-514
3-10-514 Docket of predecessor
Status: in_force

3-10-514 . Docket of predecessor. A justice of the peace with whom the docket of the justice's predecessor or of any other justice is deposited has and may exercise over all actions and proceedings entered in the docket the same jurisdiction as if the actions and proceedings were originally commenced before the justice. In the case of the creation of a new county or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as justice within that territory is, for the purpose of this section, considered the successor of the former justice.
Mont. Code Ann. § 3-11-202 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-202
3-11-202 Salary -- qualifications
Status: in_force

3-11-202 . Salary -- qualifications. (1) A city judge, at the time of election or appointment must:

(a) meet the qualifications of a justice of the peace under 3-10-202 ;

(b) be a resident of the county in which the city or town is located; and

(c) satisfy any additional qualifications prescribed by ordinance.

(2) The annual salary and compensation of city judges must be fixed by ordinance or resolution.

(3) Each city judge shall receive actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503 , incurred in the performance of official duties.
Mont. Code Ann. § 3-9-120 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-120
3-9-120 Signing of petitions, pleadings, motions, and other papers -- requirements -- sanctions
Status: in_force

3-9-120 . Signing of petitions, pleadings, motions, and other papers -- requirements -- sanctions. (1) Every petition, pleading, motion, or other paper of a party appearing before the workers' compensation court and represented by an attorney must be signed by at least one attorney of record in the attorney's individual name. The signer's address also must be stated.

(2) A party who is not represented by an attorney shall sign the party's petition, pleading, motion, or other paper and state the party's address.

(3) The signature of an attorney or party constitutes a certificate by the attorney or party that:

(a) the attorney or party has read the petition, pleading, motion, or other paper;

(b) to the best of the attorney's or party's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact;

(c) it is warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law; and

(d) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(4) If a petition, pleading, motion, or other paper is signed in violation of this section, the court, upon motion or upon its own initiative, shall impose an appropriate sanction upon the person who signed it, a represented party, or both. The sanction may include an order to pay to the other party or parties the amount of the reasonable expense incurred because of the filing of the petition, pleading, motion, or other paper, including reasonable attorney fees.
Mont. Code Ann. § 3-5-202 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-202
3-5-202 Qualifications and residence
Status: in_force

3-5-202 . Qualifications and residence. (1) A person is not eligible for the office of judge of a district 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) A judge of a district court need not be a resident of the district for which the judge is elected or appointed at the time of election or appointment, but after election or appointment, the judge must reside in the district for which the judge is elected or appointed during the judge's term of office.
Mont. Code Ann. § 3-1-703 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-703
3-1-703 Cooperation of court officers
Status: in_force

3-1-703 . Cooperation of court officers. All court officers, including clerks of district courts, shall comply with requests made by the court administrator for information and statistical and financial data bearing on the business transacted by the courts.
Mont. Code Ann. § 3-5-213 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-213
3-5-213 Expenses when out of district
Status: in_force

3-5-213 . Expenses when out of district. A district court judge who sits in the place of another judge in the trial or hearing of an action or proceeding in a district other than the judge's own or in the supreme court or who attends a conference of judges in Helena called by the chief justice of the supreme court must be paid the judge's actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503 , while engaged in that service as follows:

(1) travel expenses from the county seat of the county in which the judge resides to the place of trial, hearing, or conference and return; and

(2) board and lodging while engaged in the trial, hearing, or conference.
Mont. Code Ann. § 3-15-702 — MT Code / Title 3 / Chapter 15 / Part 7 / Section 3-15-702
3-15-702 How to be summoned
Status: in_force

3-15-702 . How to be summoned. Such jurors must be summoned from the persons competent to serve as jurors, residents of the county, city, or town in which such court has jurisdiction, by notifying them orally or by mail that they are summoned and of the time and place at which their attendance is required.
Mont. Code Ann. § 3-15-405 — MT Code / Title 3 / Chapter 15 / Part 4 / Section 3-15-405
3-15-405 Notice to jurors
Status: in_force

3-15-405 . Notice to jurors. The clerk of court shall serve notice by mail on the persons drawn as jurors. The clerk of court may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service provided for in 3-15-313 .
Mont. Code Ann. § 3-11-101 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-101
3-11-101 City court established -- city court of record
Status: in_force

3-11-101 . City court established -- city court of record. (1) A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all business, civil and criminal. On nonjudicial days, as defined in 3-1-302 , the court may transact criminal business only.

(2) A city may establish the city court as a court of record. If the city court is established as a court of record, it must be known as a "city court of record". The court's proceedings must be recorded by electronic recording or stenographic transcription, and all papers filed in a proceeding must be included in the record. A city court of record may be established by a resolution of the city commissioners or pursuant to 7-5-137 and Title 13, chapter 28.
Mont. Code Ann. § 3-1-610 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-610
3-1-610 Restrictions on judicial officers presiding over matters in which they have previously asserted position
Status: in_force

3-1-610 . Restrictions on judicial officers presiding over matters in which they have previously asserted position. (1) This section applies to all judicial officers, as defined in 1-1-202 .

(2) Judicial officers may not participate in any action or proceeding involving the constitutionality of a provision of a bill if:

(a) the judicial officer has appeared before the Montana legislature or otherwise contacted a legislator or another governmental entity in support or opposition of a bill involving the same legislation if it is at issue in a case in which the judicial officer presides;

(b) the judicial officer has served on a committee or group designed to evaluate legislation when the committee or group expressed support or opposition on a bill during the judicial officer's service on the committee or other group and a case involving the same legislation is pending before the judicial officer; or

(c) the judicial officer has publicly supported or opposed an issue or bill at the request of the Montana judges association or another entity and a case involving the legislation is pending before the judicial officer.
Mont. Code Ann. § 3-1-707 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-707
3-1-707 Court-appointed special advocate account
Status: in_force

3-1-707 . Court-appointed special advocate account. (1) There is a court-appointed special advocate account in the state special revenue fund. There must be paid into this account the fees collected pursuant to 3-1-318 . The money in the account must be used solely for the purpose of providing funding for court-appointed special advocates.

(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The supreme court administrator may designate nonprofit organizations that ordinarily provide special advocate services to receive or administer the distribution of the fund.
Mont. Code Ann. § 3-5-406 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-406
3-5-406 Parties to appear at place appointed
Status: in_force

3-5-406 . Parties to appear at place appointed. When the court is held at the place appointed, as provided in 3-5-405 , every person held to appear at the court must appear at the place so appointed.
Mont. Code Ann. § 3-2-304 — MT Code / Title 3 / Chapter 2 / Part 3 / Section 3-2-304
3-2-304 Physical facilities
Status: in_force

3-2-304 . Physical facilities. (1) If proper rooms in which to hold the court and for the accommodation of the officers thereof are not provided by the state, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court or a majority thereof may direct the clerk of the supreme court to provide such rooms, attendants, furniture, lights, fuel, and stationery.

(2) The expenses thereof, certified by any two justices to be correct, must be paid out of the state treasury only out of funds in the state treasury appropriated to the supreme court.
Mont. Code Ann. § 3-1-713 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-713
3-1-713 Office of court administrator to report
Status: in_force

3-1-713 . Office of court administrator to report. (1) Each quarter of the fiscal year, the office of court administrator shall report to the law and justice interim committee and the legislative finance committee on the number of civil cases that have been pending for more than 2 years by judicial district. The report must identify:

(a) the judicial district;

(b) the number of cases in that district that are pending for more than 2 years but less than 3 years;

(c) the number of cases in that district that are pending for more than 3 years but less than 4 years;

(d) the number of cases in that district that are pending for more than 4 years but less than 5 years; and

(e) the number of cases in that district that are pending for more than 5 years.

(2) By September 1 of each year, the office of court administrator shall report to the law and justice interim committee in accordance with 5-11-210 . The report must identify for the previous calendar year:

(a) the number and type of cases assigned to each district court judge;

(b) the number of times each judge is substituted; and

(c) the name of each attorney who requests a substitution of a judge and the number of substitution requests the attorney makes for each judge.
Mont. Code Ann. § 3-15-704 — MT Code / Title 3 / Chapter 15 / Part 7 / Section 3-15-704
3-15-704 Forming jury
Status: in_force

3-15-704 . Forming jury. At the time appointed for a jury trial in a justice's or city court or any other court of limited jurisdiction, the list of jurors summoned must be called. The jurors summoned shall be 12 in number or double the number agreed upon by the parties before the trial. The names of those attending and not excused must be written upon separate slips of paper, which slips must be folded so as to conceal the names, and placed in a box from which the trial jury must be drawn.
Mont. Code Ann. § 3-5-512 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-512
3-5-512 Statement to board of county commissioners concerning witnesses
Status: in_force

3-5-512 . Statement to board of county commissioners concerning witnesses. The clerk must make a detailed statement containing a list of the witnesses and the amount of fees and mileage earned by each and file the same with the clerk of the board of county commissioners on the first day of every regular meeting of the board. No quarterly salary must be paid to the clerk until such statement is filed. The board must examine the statement and see that it is correct.
Mont. Code Ann. § 3-1-1124 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1124
3-1-1124 Disclosure for judicial selection -- appointment or assignment -- judicial performance evaluation
Status: in_force

3-1-1124 . (Temporary) Disclosure for judicial selection -- appointment or assignment -- judicial performance evaluation. (1) If in connection with the selection or appointment of a judge, any state or federal agency seeks information or written materials from the commission concerning that judge, information must be divulged in accordance with procedures prescribed by the commission, including reasonable notice to the judge affected.

(2) If in connection with the assignment of a retired judge to judicial duties, any appropriate authority seeks information or written materials from the commission about that judge, information must be divulged in accordance with procedures prescribed by the commission, including reasonable notice to the judge affected.

(3) If in connection to the conduct of a judicial performance evaluation required by 3-1-1702 , the judicial performance evaluation commission established in 2-15-2051 seeks information or written materials from the judicial standards commission about that judge, information must be divulged in accordance with the procedures described by the judicial standards commission, including reasonable notice to the judge affected. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)
Mont. Code Ann. § 3-11-205 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-205
3-11-205 Justice of the peace or judge of another city as city judge
Status: in_force

3-11-205 . Justice of the peace or judge of another city as city judge. (1) In a town or third-class city, the council may designate a justice of the peace or the city judge of another city or town to act as city judge. The justice of the peace or city judge must reside in the county in which the town or city is situated. The city or town may by ordinance fix the funding for the judge and enter into an agreement with the county, the other city or town, or the justice of the peace or the judge for payment of salaries and training expenses. The justice of the peace or other city judge shall, after agreeing to the designation and after approval by the board of county commissioners or governing body of the city or town, act in that capacity and is the city judge in all cases arising out of violations of statutes or ordinances. If the justice of the peace or city judge of another city or town is required to travel from the justice's or judge's place of residence to hold court, the justice or judge must be paid the actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503 , by the town or city in which the court is held.

(2) The offices of city judge and justice of the peace may be combined if a justice of the peace is authorized in a city pursuant to 3-10-101 .
Mont. Code Ann. § 3-10-231 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-231
3-10-231 Circumstances in which acting justice called in -- by whom
Status: in_force

3-10-231 . Circumstances in which acting justice called in -- by whom. (1) Whenever a justice of the peace is disqualified from acting in any action because of the application of the supreme court's rules on disqualification and substitution of judges, provided for in 3-1-803 and 3-1-805 , the justice of the peace shall:

(a) transfer the action to another justice's court in the same county; or

(b) request a district court judge presiding in the county to appoint a qualified substitute from the list provided in subsection (2) or call a justice from a neighboring county to preside.

(2) (a) The following requirements must be met to qualify a substitute for a justice of the peace:

(i) Within 30 days of taking office, a justice of the peace shall provide a list of persons who are qualified to hold court in the justice's place during a temporary absence. Each person listed must be a current or former judge, a current or former attorney, current court personnel, or a former law enforcement officer. The persons listed must also be of good moral character and have community support, a sense of community standards, and a basic knowledge of court procedure.

(ii) The sitting justice of the peace shall request and obtain from the commission on courts of limited jurisdiction established by the supreme court a waiver of training for the substitutes.

(iii) Each person on the list provided for in subsection (2)(a)(i) shall subscribe to the written oath of office as soon as possible after the person has received a waiver of training from the supreme court. The oath may be subscribed before any member of the board of county commissioners or before any other officer authorized to administer oaths.

(b) The list of qualified substitutes, the written oath, and the commission's written approval and waiver of training for those substitutes pursuant to subsection (2)(a)(ii) must be filed with the county clerk as provided in 3-10-202 .

(c) A county clerk may provide a current list of qualified and sworn substitutes to local law enforcement officers.

(3) Whenever a justice is sick, disabled, absent, or otherwise unable to act, the justice may call in another justice or a city judge or a person from the list provided for in subsection (2) to hold court for the justice until the justice is able to act. If the justice is unable to call in a substitute, the county commissioners shall call in another justice, a city judge, or a person from the list provided for in subsection (2).

(4) During the time when a justice of the peace is on vacation or attending a training session, another justice of the peace of the same county is authorized to handle matters that otherwise would be handled by the absent justice. When there is no other justice of the peace in the county, the justice of the peace may designate another person in the same manner as provided in subsection (3).

(5) A justice of the peace of any county may hold the court of any other justice of the peace at that justice's request.
Mont. Code Ann. § 3-5-402 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-402
3-5-402 Adjournments -- conduct of business in multicounty districts
Status: in_force

3-5-402 . Adjournments -- conduct of business in multicounty districts. (1) Adjournments from day to day or from time to time are to be construed as recesses in the session or term and shall not prevent the court from sitting at any time.

(2) In districts where two or more counties are united, court may be held, causes tried with or without a jury, and business transacted in any and all of the counties of the district continuously and simultaneously, with or without recesses, and without regard to the beginning or ending of any of the terms in any of the counties of the district.

(3) The judge of such district may hold court in one county of such district, try causes with or without a jury, and transact business, while at the same time court may be held, causes tried with or without a jury, and business transacted in any other county of such district by the same judge or by any other district judge of the state, when requested or assigned thereto under any of the provisions of the statutes of Montana.
Mont. Code Ann. § 3-1-1126 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1126
3-1-1126 Commission report to legislature
Status: in_force

3-1-1126 . Commission report to legislature. The commission shall, as provided in 5-11-210 , submit to the legislature a report containing the following information:

(1) identification of each complaint, whether or not verified, received by the commission during the preceding biennium by a separate number that reveals the identity of the judge complained against;

(2) the date each complaint was filed;

(3) the general nature of each complaint, including the type of complaint, the issues involved, and the basic facts making up the complaint;

(4) whether there have been previous complaints against the same judge and, if so, the general nature of the previous complaints;

(5) the present status of all complaints filed with or pending before the commission during the preceding biennium;

(6) whenever a final disposition of a complaint has been made during the preceding biennium, the nature of the disposition, the commission's recommendation, if any, to the supreme court, and the action taken by the supreme court; and

(7) how each commission member voted.
Mont. Code Ann. § 3-1-1110 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1110
3-1-1110 Procedure when convicted of crime
Status: in_force

3-1-1110 . Procedure when convicted of crime. (1) On recommendation of the commission, the supreme court may suspend a judicial officer from office without salary when the officer pleads guilty or no contest or is found guilty of a crime punishable as a felony under Montana or federal law or of any other crime involving moral turpitude.

(2) If the judicial officer's conviction is reversed, suspension terminates and the officer must be paid the officer's salary for the period of suspension.

(3) If the judicial officer is suspended and a conviction becomes final, the supreme court shall remove the officer from office.
Mont. Code Ann. § 3-15-509 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-509
3-15-509 Manner of impaneling
Status: in_force

3-15-509 . Manner of impaneling. (1) Whenever a civil action is called by the court for trial and a jury is required, the trial jury shall be impaneled as prescribed in Title 25, chapter 7, part 2, and Rule 47, M.R.Civ.P.

(2) When the action is a criminal one, the jury shall be impaneled as prescribed in Title 46.
Mont. Code Ann. § 3-5-303 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-303
3-5-303 Appellate jurisdiction
Status: in_force

3-5-303 . Appellate jurisdiction. The district court has appellate jurisdiction in cases arising in justices' courts and other courts of limited jurisdiction in their respective districts as may be prescribed by law and consistent with the constitution.
Mont. Code Ann. § 3-5-111 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-111
3-5-111 District courts presided over by judges of other districts
Status: in_force

3-5-111 . District courts presided over by judges of other districts. A judge of the district court of any judicial district may hold the district court in any county of another district at the request of the judge of the other district or as otherwise provided by law. A district judge shall hold the district court in a county of another district if so requested by the chief justice. The judge holding the court in the other district has the same power as within the judge's own district.
Mont. Code Ann. § 3-2-402 — MT Code / Title 3 / Chapter 2 / Part 4 / Section 3-2-402
3-2-402 Duties -- electronic filing and storage of court records
Status: in_force

3-2-402 . Duties -- electronic filing and storage of court records. (1) It is the duty of the clerk to:

(a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law;

(b) adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices;

(c) file all papers or transcripts required by law to be filed;

(d) issue writs and certificates and approve bonds or undertakings when required;

(e) make out all transcripts to the supreme court of the United States;

(f) make copies of papers or records when demanded by law or the rules of the court; and

(g) perform other duties as may be required by law and the rules and practice of the supreme court.

(2) The clerk 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. § 3-20-105 — MT Code / Title 3 / Chapter 20 / Part 1 / Section 3-20-105
3-20-105 Direct appeal to supreme court
Status: in_force

3-20-105 . Direct appeal to supreme court. An appeal from a final decision of the asbestos claims judge must be filed directly with the supreme court of Montana in the manner provided by law for appeals from the district court in civil cases.
Mont. Code Ann. § 3-1-523 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-523
3-1-523 Judgment and orders in contempt cases final -- family law exception
Status: in_force

3-1-523 . Judgment and orders in contempt cases final -- family law exception. (1) The judgment and orders of the court or judge made in cases of contempt are final and conclusive. Except as provided in subsection (2), there is no appeal, but the action of a district court or judge can be reviewed on a writ of certiorari by the supreme court or a justice of the supreme court and the action of a justice of the peace or other court of limited jurisdiction can be reviewed by the district court or judge of the county in which the justice or judge of the court of limited jurisdiction resides.

(2) A party may appeal a contempt judgment or order in a family law proceeding only when the judgment or order appealed from includes an ancillary order that affects the substantial rights of the parties involved.
Mont. Code Ann. § 3-5-312 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-312
3-5-312 Jurisdiction of judges coextensive with the state
Status: in_force

3-5-312 . Jurisdiction of judges coextensive with the state. (1) The jurisdiction of the judges of the district courts of the state of Montana in rendering and signing judgments, making findings and rendering decrees, and making orders to show cause and all ex parte orders, in chambers, shall be coextensive with the boundaries of the state of Montana as to all matters presented to or heard by them and of which they have jurisdiction.

(2) Such judgments, findings, decrees, and orders, when so rendered, made, or signed, shall have the same force and effect as to matters under their jurisdiction as if done in open court in the county in which the action, proceeding, or matter is pending or was heard.
Mont. Code Ann. § 3-6-202 — MT Code / Title 3 / Chapter 6 / Part 2 / Section 3-6-202
3-6-202 Qualifications -- certification -- training
Status: in_force

3-6-202 . Qualifications -- certification -- training. (1) A municipal court judge must have the same qualifications as a judge of a district court, as set forth in Article VII, section 9, of the Montana constitution, except that a municipal court judge need only be admitted to the practice of law in Montana for at least 3 years prior to the date of appointment or election.

(2) A municipal court judge shall reside in the county in which the court is located and shall meet the residency requirements provided in 3-10-204 .

(3) The commission on courts of limited jurisdiction, upon finding compliance with subsections (1) and (2), shall issue a certificate, as required in 3-1-1502 , prior to the municipal court judge assuming office. The certificate must be conditioned upon continued compliance with the minimum judicial education requirements provided for in this section. The certificate must be filed with the clerk and recorder as provided in 3-1-1502 .

(4) A municipal court judge shall complete a minimum of 15 hours of continuing judicial education requirements each year or a greater number established by the supreme court. Attendance at the two annual training sessions under 3-10-203 may fulfill the requirement provided for in this subsection.

(5) Completion of a course approved for continuing judicial or legal education hours applies to the judicial education requirements under subsection (4).

(6) A municipal court judge is entitled to reimbursement by the city in which the judge holds or will hold court for all actual and necessary expenses and costs incurred in attending a continuing judicial or legal education course.

(7) On or before December 31 of each year, a municipal court judge shall file an affidavit of compliance with the continuing judicial education requirements established in this section with the commission on courts of limited jurisdiction. The supreme court may sanction a municipal court judge or declare a vacancy in the office of the judge for failure to meet the training requirements established in this section.
Mont. Code Ann. § 3-5-401 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-401
3-5-401 Terms of court
Status: in_force

3-5-401 . Terms of court. (1) The district court of each county that is a separate judicial district does not have terms and must always be open for the transaction of business except on legal holidays and nonjudicial days.

(2) (a) In each district that is located in two or more counties, the district court judge shall fix the term of court in each county in the district and there must be at least four terms a year in each county. Any order of the judge fixing terms of court must be filed in the office of the clerk of the district court in each county of the district, and the order remains in effect until further order of the judge.

(b) This section may not be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the special term is necessary.

(c) The district court judge may adjourn a term of district court in one county to a future day certain and in the meantime hold court in another county.
Mont. Code Ann. § 3-7-201 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-201
3-7-201 Designation of water judge
Status: in_force

3-7-201 . Designation of water judge. (1) A water judge must be designated for each water division by a majority vote of a committee composed of the district court judge from each single-judge judicial district and the chief district judge from each multijudge judicial district, wholly or partly within the division. Except as provided in subsection (2), a water judge must be a district court judge or retired district court judge of a judicial district wholly or partly within the water division.

(2) A district court judge or retired district court judge may sit as a water judge in more than one division if requested by the chief justice of the supreme court or the water judge of the division in which the judge is requested to sit.

(3) A water judge, when presiding over a water division, presides as district court judge in and for each judicial district wholly or partly within the water division.
Mont. Code Ann. § 3-5-313 — MT Code / Title 3 / Chapter 5 / Part 3 / Section 3-5-313
3-5-313 Removal to district court
Status: in_force

3-5-313 . Removal to district court. (1) A party desiring to remove a civil action from a justice's court, a municipal court, a city court, or the small claims division of a justice's court shall file in the district court of the judicial district in which the action is pending a notice of removal containing a short and plain statement of the grounds for removal with a copy of the summons and any complaints served on the party in the action.

(2) Civil actions or proceedings may be removed for the following reasons:

(a) the amount in controversy exceeds the $15,000 jurisdictional limit for justices' courts provided in 3-10-301 and applied to municipal courts in 3-6-103 ; or

(b) the 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 arose out of the same transaction or occurrence as a civil action or proceeding pending in district court.

(3) (a) Promptly after the filing of a notice of removal of a civil action or proceeding, the party shall give written notice to all parties and shall file a copy of the notice with the clerk of the district court in which the civil action or proceeding is to be tried.

(b) The notice of removal effectuates the removal, and the justice's court, municipal court, city court, or small claims division of a justice's court may not proceed any further unless the case is remanded.

(c) On receiving notice of removal, the justice's court, municipal court, city court, or small claims division of a justice's court shall transmit the pleadings and all papers in the action to the clerk of the district court immediately.

(4) If a party believes the removal is improper, the party shall file a motion to remand within 20 days of service of the notice of removal.

(5) A party who files a notice to remove a civil action to district court under this section shall pay all costs and fees of filing the papers in the district court pursuant to 25-1-201 .
Mont. Code Ann. § 3-20-101 — MT Code / Title 3 / Chapter 20 / Part 1 / Section 3-20-101
3-20-101 Definition
Status: in_force

3-20-101 . Definition. As used in this part, unless the context requires otherwise, "asbestos-related claim" means an action brought for the recovery of monetary damages for personal injury, wrongful death, loss or consortium, or other injury arising out of an asbestos-related disease that is alleged to result from the mining of vermiculite, the processing of vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite.
Mont. Code Ann. § 3-7-204 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-204
3-7-204 Supervision and administration by supreme court
Status: in_force

3-7-204 . Supervision and administration by supreme court. (1) The Montana supreme court shall supervise the activities of the water judges, water masters, and associated personnel in implementing this chapter and Title 85, chapter 2, part 2.

(2) The supreme court shall pay the expenses of the water judges and the salaries and expenses of the water judges' staffs and the salaries and expenses of the water masters and the water masters' staffs, from appropriations made for that purpose. "Salaries and expenses" as used in this section include but are not limited to the salaries and expenses of personnel, the cost of office equipment and office space, and other necessary expenses that may be incurred in the administration of this chapter and Title 85, chapter 2, part 2.
Mont. Code Ann. § 3-7-501 — MT Code / Title 3 / Chapter 7 / Part 5 / Section 3-7-501
3-7-501 Jurisdiction
Status: in_force

3-7-501 . Jurisdiction. (1) The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through the water division or water divisions that contain the judicial district wholly or partly.

(2) A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201 .

(3) The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division.

(4) The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
Mont. Code Ann. § 3-7-404 — MT Code / Title 3 / Chapter 7 / Part 4 / Section 3-7-404
3-7-404 Procedure exclusive
Status: in_force

3-7-404 . Procedure exclusive. The procedure for disqualification of a water judge or water master specified in this section is exclusive unless otherwise specifically altered by the Montana supreme court.
Mont. Code Ann. § 3-10-103 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-103
3-10-103 County to provide facilities
Status: in_force

3-10-103 . County to provide facilities. The board of county commissioners of the county in which the justice of the peace has been elected or appointed:

(1) shall provide for the justice's court:

(a) the office, courtroom, and clerical assistance necessary to enable the justice of the peace and the clerk of justice's court, if any, to conduct business in dignified surroundings;

(b) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary in the proper keeping of the records and files of the court and the transaction of the business; and

(c) the latest edition of the Montana Code Annotated and all official supplements; and

(2) may provide a clerk of justice's court.
Mont. Code Ann. § 3-9-101 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-101
3-9-101 Workers' compensation judge -- appointment -- term -- qualifications -- salary
Status: in_force

3-9-101 . Workers' compensation judge -- appointment -- term -- qualifications -- salary. (1) There is a workers' compensation court. The workers' compensation court is presided over by a workers' compensation judge.

(2) The governor shall appoint the workers' compensation judge for a term of 6 years in the same manner provided by Title 3, chapter 1, part 9, for the appointment of supreme court justices or district court judges. A vacancy must be filled in the same manner as the original appointment.

(3) To be eligible for workers' compensation judge, a person must:

(a) have the qualifications necessary for district court judges found in Article VII, section 9, of the Montana constitution;

(b) devote full time to the duties of workers' compensation judge and not engage in the private practice of law.

(4) The workers' compensation judge is entitled to the same salary and expense allowances as provided in 3-5-211 .
Mont. Code Ann. § 3-15-404 — MT Code / Title 3 / Chapter 15 / Part 4 / Section 3-15-404
3-15-404 Duty of jury commissioner -- jury box or computer database
Status: in_force

3-15-404 . Duty of jury commissioner -- jury box or computer database. (1) The clerk of court is the jury commissioner and may appoint a deputy pursuant to 7-4-2401 .

(2) A county jury commissioner may by order establish the use of either a jury box, as provided in subsection (3), or a computer database, as provided in subsection (4), as the means for selecting jurors in the county.

(3) If a county uses a jury box for selection of jurors, the jury commissioner shall prepare and keep a jury box and contents as prescribed in this subsection. The number of each juror must be written, typed, or stamped on a slip of paper or other suitable material, identical in all respects to the slips used for the other numbers. The slips must be placed in a box of ample size to permit them to be thoroughly mixed. The box must be plainly marked "jury box". The slips may be used as often as necessary, except that none may be used that is in any manner defaced or disfigured or so marked that it may be recognized or distinguished from the others in the jury box except by the number on the slip. The box may contain only one slip for each number corresponding to the number before the name of each juror on the jury list filed under 3-15-403 .

(4) If a county uses a computer database for selection of jurors, the jury commissioner shall cause the list of jurors filed under 3-15-403 to be entered into a computerized database.

(5) A person's name may not appear on a jury list for more than one court during a 1-year term.

(6) The clerk of court shall prepare a list of persons to serve as trial jurors for the ensuing year for the district court or each division of the district court. On or before the second Monday of June, the clerk of court shall prepare the jury list pursuant to 46-17-202 .

(7) If the clerk of court is satisfied that a person whose name is drawn is deceased, is mentally incompetent, has permanently moved from the county, or has been permanently excused under the provisions of 3-15-313 , the person's name must be omitted from the jury list. The reason for the omission must be recorded.
Mont. Code Ann. § 3-2-703 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-703
3-2-703 Distribution of proposed rules -- suggestions of bench and bar
Status: in_force

3-2-703 . Distribution of proposed rules -- suggestions of bench and bar. (1) Before any rule is adopted, the supreme court shall distribute copies of the proposed rule to the bench and bar of the state for their consideration and suggestions and shall give due consideration to such suggestions as they may submit to the court.

(2) The state bar of Montana or the association of Montana judges may file with the supreme court a petition specifying its suggestions concerning any existing or proposed rule and requesting a hearing thereon within 6 months after the filing of the petition.
Mont. Code Ann. § 3-1-511 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-511
3-1-511 Procedure -- contempt committed in presence of court
Status: in_force

3-1-511 . Procedure -- contempt committed in presence of court. When a contempt is committed in the immediate view and presence of the court or judge at chambers and the contemptuous conduct requires immediate action in order to restore order, maintain the dignity or authority of the court, or prevent delay, it may be punished summarily. An order must be made reciting the facts that occurred in the judge's immediate view and presence and adjudging that the person proceeded against is guilty of a contempt and that the person must be punished as prescribed in the order. An order may not be issued unless the person proceeded against has been informed of the contempt and given an opportunity to defend or explain the person's conduct. A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
Mont. Code Ann. § 3-10-601 — MT Code / Title 3 / Chapter 10 / Part 6 / Section 3-10-601
3-10-601 Collection and disposition of fines, penalties, forfeitures, and fees
Status: in_force

3-10-601 . Collection and disposition of fines, penalties, forfeitures, and fees. (1) Except as provided in 61-8-726 and 75-7-123 , a justice's court shall collect the fees prescribed by law for justices' courts and shall pay them into the county treasury of the county in which the justice of the peace holds office, on or before the 10th day of each month, to be credited to the general fund of the county.

(2) Except as provided in 61-8-726 , 75-7-123 , and subsection (4) of this section, all fines, penalties, and forfeitures that are required to be imposed, collected, or paid in a justice's court must, for each calendar month, be paid by the justice's court on or before the 5th day of the following month to the treasurer of the county in which the justice's court is situated, except that they may be distributed as provided in 44-12-213 if imposed, collected, or paid for a violation of Title 45, chapter 9 or 10.

(3) Except as provided in 46-18-236 (7), 61-8-726 , and 75-7-123 , the county treasurer shall, as provided in 15-1-504 , distribute money received under subsection (2) as follows:

(a) 50% to the department of revenue for deposit in the state general fund; and

(b) 50% to the county general fund.

(4) (a) The justice's court may contract with a private person or entity for the collection of any final judgment that requires a payment to the justice's court.

(b) In the event that a private person or entity is retained to collect a judgment, the justice's court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute a suit or other lawful collection procedure and other postjudgment remedies in its own name.

(c) The justice's court may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the justice's court must be added to the judgment amount.
Mont. Code Ann. § 3-1-206 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-206
3-1-206 Documents requiring seals
Status: in_force

3-1-206 . Documents requiring seals. Unless otherwise specifically required, the seal of a court need not be affixed to any proceeding therein or document except to:

(1) a writ;

(2) the certificate of probate of a will or of the appointment of a personal representative or guardian;

(3) the authentication of a copy of a record or other proceeding of a court or an officer thereof or of a copy of a document on file in the office of the clerk.
Mont. Code Ann. § 3-6-302 — MT Code / Title 3 / Chapter 6 / Part 3 / Section 3-6-302
3-6-302 Records -- electronic filing and storage
Status: in_force

3-6-302 . Records -- electronic filing and storage. (1) The records of the court must be kept by the clerk. The records in civil causes must conform as nearly as possible to the records of district courts. In criminal causes, in cases arising under city ordinances, and in cases mentioned in 3-11-103 , the records must be similar to the records now kept in justices' courts.

(2) The clerk 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. § 3-10-233 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-233
3-10-233 Jurisdiction of acting justice
Status: in_force

3-10-233 . Jurisdiction of acting justice. When called in to preside over a justice's court, the visiting justice of the peace or other qualified person while acting as justice of the peace is vested with all the power of the justice for whom the person holds court.
Mont. Code Ann. § 3-11-109 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-109
3-11-109 Powers and duties of city court of record
Status: in_force

3-11-109 . Powers and duties of city court of record. (1) Except as otherwise provided by Title 25, chapter 30, and this chapter, the judge in a city court of record has, in matters within its jurisdiction, all the powers and duties of district judges in like cases. The judge may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.

(2) The city 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. § 3-11-303 — MT Code / Title 3 / Chapter 11 / Part 3 / Section 3-11-303
3-11-303 Contempts city judge may punish for -- procedure
Status: in_force

3-11-303 . Contempts city judge may punish for -- procedure. (1) A city judge may punish for contempt persons guilty of only the following acts:

(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending to interrupt the due course of a trial or other judicial proceeding;

(b) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the judge or in the immediate vicinity of the court held by the judge tending to interrupt the due course of a trial or other judicial proceeding;

(c) disobedience or resistance to the execution of a lawful order or process made or issued by the judge;

(d) disobedience to a subpoena served or refusal to be sworn or to answer as a witness;

(e) rescuing any person or property in the custody of an officer by virtue of an order or process of the court.

(2) The procedures contained in 3-1-501 (4) and (5), 3-1-511 through 3-1-518 , and 3-1-520 through 3-1-523 apply.
Mont. Code Ann. § 3-1-1107 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1107
3-1-1107 Action by supreme court
Status: in_force

3-1-1107 . Action by supreme court. (1) The supreme court shall review the record of the proceedings and shall make such determination as it finds just and proper and may:

(a) order censure, suspension, removal, or retirement of a judicial officer; or

(b) wholly reject the recommendation.

(2) Any hearing conducted before the supreme court relative to a recommendation by the commission, together with all papers pertaining to such recommendation, shall be accessible to the public.
Mont. Code Ann. § 3-1-503 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-503
3-1-503 Effect of violation
Status: in_force

3-1-503 . Effect of violation. A violation of 3-1-502 may be punished as a contempt. An order made contrary thereto may be revoked by the judge who made it or vacated by a judge of the court in which the action or proceeding is pending.
Mont. Code Ann. § 3-1-1604 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1604
3-1-1604 District court council meetings -- quorum
Status: in_force

3-1-1604 . District court council meetings -- quorum. (1) The district court council may determine the time and place of its meetings and shall meet at least once each quarter.

(2) A majority of the voting members of the council constitutes a quorum. A quorum may call a meeting upon reasonable notice to the other council members.
Mont. Code Ann. § 3-1-904 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-904
3-1-904 Public comment
Status: in_force

3-1-904 . Public comment. (1) The governor shall establish a reasonable period for reviewing applications and interviewing applicants that provides at least 30 days for public comment concerning applicants.

(2) Each applicant who has the qualifications set forth by law for holding judicial office and who receives a letter of support from at least three adult Montana residents by the close of the public comment period provided for in subsection (1) must be considered a nominee for the position.

(3) The total time from receipt of notice of a vacancy until appointment may not exceed 100 days.

(4) The application, public comment, and any related documents are open to the public except when the demands of individual privacy clearly exceed the merits of public disclosure.
Mont. Code Ann. § 3-1-513 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-513
3-1-513 Warrant -- statement of charge
Status: in_force

3-1-513 . Warrant -- statement of charge. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant may be issued to bring the person charged to the court to answer the charge. The warrant must be accompanied by an adequate and specific statement of the charge. The answer to the charge must be followed by a hearing under 3-1-518 .
Mont. Code Ann. § 3-11-302 — MT Code / Title 3 / Chapter 11 / Part 3 / Section 3-11-302
3-11-302 Who named as plaintiff
Status: in_force

3-11-302 . Who named as plaintiff. (1) A criminal action brought for violation of a city or town ordinance must be brought in the name of the city or town as the plaintiff and against the accused as the defendant.

(2) A criminal action brought for violation of a state law within the city or town may be brought either in the name of the state of Montana as the plaintiff or in the name of the city or town as the plaintiff and must be brought against the accused as the defendant.

(3) A criminal action brought for violation of a state law within the county and within its concurrent jurisdiction with the justice's court must be brought in the name of the state of Montana as the plaintiff and against the accused as the defendant.

(4) A civil action brought in the city court must be prosecuted or defended in the same manner as a civil action in justices' courts under the Montana Justice and City Court Rules of Civil Procedure (Title 25, chapter 23).
Mont. Code Ann. § 3-1-201 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-201
3-1-201 What courts have seals
Status: in_force

3-1-201 . What courts have seals. Each of the following courts shall have a seal:

(1) the supreme court;

(2) the district courts;

(3) the municipal courts.
Mont. Code Ann. § 3-10-234 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-234
3-10-234 Expenses of acting justice
Status: in_force

3-10-234 . Expenses of acting justice. Whenever a justice of the peace or another person is called in to preside over the court of a justice under 3-10-231 , the visiting justice or other person must be paid actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503 . If the acting justice is not a justice of the peace receiving a salary, the acting justice must also receive compensation that is proper for the time involved. The cost of implementing this section is a proper charge against the county where the court is held.
Mont. Code Ann. § 3-5-215 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-215
3-5-215 Expenses when not in county of residence
Status: in_force

3-5-215 . Expenses when not in county of residence. A district court judge of a judicial district composed of more than one county who, for the purpose of holding court and disposing of judicial business, goes to a county of that judicial district other than the county in which the judge resides and holds court or transacts judicial business must be paid the actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503 , incurred on account of the business from the time the judge leaves the judge's place of residence until the judge returns to the place of residence.
Mont. Code Ann. § 3-11-102 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-102
3-11-102 Concurrent jurisdiction
Status: in_force

3-11-102 . Concurrent jurisdiction. (1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title.

(2) Applications for search warrants and complaints charging the commission of a felony may be filed in the city court. When they are filed, the city judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The city attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The county attorney, however, must handle any action after a defendant is bound over to district court.
Mont. Code Ann. § 3-6-105 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-105
3-6-105 Courtroom and supplies
Status: in_force

3-6-105 . Courtroom and supplies. A room for the municipal court, with necessary furniture, fixtures, and supplies, shall be provided by the city wherein the court is located.
Mont. Code Ann. § 3-7-212 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-212
3-7-212 Enforcement of decrees
Status: in_force

3-7-212 . Enforcement of decrees. The district court having jurisdiction may enforce the provisions of a final decree. In the absence of any final decree having been issued, the district court having jurisdiction may enforce the provisions of a temporary preliminary decree, preliminary decree, or supplemental preliminary decree entered under 85-2-231 , as modified by a water judge after objections and hearings.
Mont. Code Ann. § 3-7-402 — MT Code / Title 3 / Chapter 7 / Part 4 / Section 3-7-402
3-7-402 Disqualification of water judge or master
Status: in_force

3-7-402 . Disqualification of water judge or master. (1) A water judge may withdraw or may disqualify the water master in any proceeding or pertinent portion of a proceeding in which the judge's or the water master's impartiality might reasonably be questioned.

(2) A water judge may also withdraw or may disqualify the water master in the following circumstances:

(a) if the judge or the water master has a personal bias or prejudice concerning a party of personal knowledge or disputed evidentiary facts concerning the proceeding;

(b) if in private practice the judge or the water master served as a lawyer in the matter in controversy or a lawyer with whom the judge or the water master previously practiced law served during the association as a lawyer concerning the matter or the judge or the lawyer has been a material witness concerning it;

(c) if the judge or the water master has served in governmental employment and in that capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

(d) if the judge or the water master knows that the judge or the water master, individually or as a fiduciary, or the judge's or the water master's spouse or minor child residing in the judge's or the water master's household has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest that could be substantially affected by the outcome of the proceeding; or

(e) if the judge or the water master or the judge's or the water master's spouse or a person within the third degree of relationship to any of them (as calculated according to 72-11-101 through 72-11-104 ) or the spouse of such a person:

(i) is a party to the proceeding or an officer, director, or trustee of a party;

(ii) is known by the judge or water master to have an interest that could be substantially affected by the outcome of the proceeding;

(iii) is to the judge's or water master's knowledge likely to be a material witness in the proceeding.

(3) A water judge should be informed about the judge's and the water master's personal and fiduciary financial interests and make a reasonable effort to be informed about the personal financial interests of the judge's and the water master's spouse and minor children residing in the judge's or the water master's respective household.
Mont. Code Ann. § 3-1-315 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-315
3-1-315 Abbreviations and figures
Status: in_force

3-1-315 . Abbreviations and figures. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner.
Mont. Code Ann. § 3-5-115 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-115
3-5-115 Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial
Status: in_force

3-5-115 . Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial. (1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. Except as provided in 3-20-102 , if the district court judge having jurisdiction over the case where the action was filed finds that the appointment is in the best interest of the parties and serves justice, the district court judge may appoint the judge pro tempore nominated by the parties to preside over the whole action or any aspect of the action as if the regular district court judge were presiding.

(2) Except as provided in 3-20-102 , an appointment of a judge pro tempore constitutes a waiver of the right to trial by jury by any party having the right.

(3) The supreme court shall appoint the asbestos claims judge as provided in 3-20-102 .

(4) The supreme court shall appoint a judge to determine the expungement or resentencing of marijuana convictions as provided in 16-12-115 .
Mont. Code Ann. § 3-6-102 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-102
3-6-102 Abolition of city court
Status: in_force

3-6-102 . Abolition of city court. (1) In cities in which a municipal court is established, the office of city judge is abolished.

(2) Except as provided in 3-6-101 (2), a city judge whose office is abolished shall serve as a municipal court judge in the same city in which the judge served as city judge for the remainder of the judge's term and until the office of municipal court judge is filled by election, as provided under 3-6-201 .
Mont. Code Ann. § 3-6-104 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-104
3-6-104 Powers and duties of the court
Status: in_force

3-6-104 . Powers and duties of the court. (1) Except as otherwise provided by this chapter, chapter 30 of Title 25, and part 4 of chapter 17 of Title 46, the municipal court shall have in matters within its jurisdiction all the powers and duties of district judges in like cases. The court may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.

(2) The municipal court shall establish rules for appeal to district court. The rules are subject to the supreme court's rulemaking and supervisory authority.
Mont. Code Ann. § 3-2-403 — MT Code / Title 3 / Chapter 2 / Part 4 / Section 3-2-403
3-2-403 Fees
Status: in_force

3-2-403 . Fees. The clerk shall collect the following fees:

(1) for filing the notice of appeal in any civil case appealed to the supreme court, $100 payable by both the appellant and cross-appellant;

(2) for filing a petition for any writ, $100;

(3) for retrieval of court records from the secretary of state, actual fees charged by the secretary of state;

(4) for a certificate of good standing as an attorney, $5;

(5) for preparing copies of documents on file, 15 cents a page;

(6) for each certified copy under seal, $1.
Mont. Code Ann. § 3-1-716 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-716
3-1-716 District court and judge key performance indicators display
Status: in_force

3-1-716 . District court and judge key performance indicators display. (1) There is a district court and judge key performance indicator display to allow the public to view reports or other static documents related to court and judge performance. At a minimum, the display must be updated:

(a) quarterly for:

(i) statewide case processing measures; and

(ii) case processing measures, including on-time case processing statistics, case clearance rates, and age of active cases statistics; and

(b) annually for:

(i) case filings by major case categories;

(ii) new case filings;

(iii) workload filings by judicial district;

(iv) rates at which each district court judge's decisions are overturned wholly or in part on appeal.

(2) The data described in subsection (1)(a)(ii) must be published for each judge. The court administrator shall publish a comprehensive yearend report.

(3) In addition to the measures listed in subsection (1), the district court council shall:

(a) inventory all of the current measures used by the judicial branch to evaluate district court workload and efficiency;

(b) consider research on any additional objective quality indicators of judicial performance; and

(c) review the data on the dashboard at least annually for the purposes of quality improvement and management of the district courts, judges, and standing masters.

(4) When resources allow, the court administrator is encouraged to transition any display of a static report to an interactive dashboard display.
Mont. Code Ann. § 3-5-113 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-113
3-5-113 Judges pro tempore -- special masters -- scope of authority in criminal and civil cases
Status: in_force

3-5-113 . Judges pro tempore -- special masters -- scope of authority in criminal and civil cases. (1) (a) A civil action in the district court 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 court as provided in 3-5-115 , 3-20-102 , or 16-12-115 , and sworn to try the cause before entering upon the duties in trying the cause.

(b) The judge pro tempore or special master has the authority and power of an elected district court judge in the particular civil action tried in the manner provided for in this subsection (1). All proceedings before a judge pro tempore or special master must be conducted in accordance with the rules of evidence and procedure governing district courts.

(c) Any order, judgment, or decree made or rendered in a civil case by the judge pro tempore or special master has the same force and effect as if made or rendered by the district court with the regular judge presiding.

(2) (a) Preliminary, nondispositive proceedings in criminal actions in a district court may be conducted by a judge pro tempore or special master. The judge pro tempore or special master in a criminal case must be appointed by a district court judge or judges as provided in 3-5-122 .

(b) All proceedings before a judge pro tempore or special master in a criminal case must be conducted in accordance with the rules of evidence and procedure governing district courts.

(c) The judge pro tempore or special master in a criminal case has the authority and power of a district court judge to issue orders pursuant to Title 46, chapter 9, concerning bail and conditions of release or detention of persons pending trial, and to conduct arraignments, initial appearances on warrants, and initial appearances on probation revocations. An order made by the judge pro tempore or special master in a criminal case has the same force and effect as if made by a district court judge.

(d) Within 10 days after issuance of an order by a judge pro tempore or special master in a criminal case, a party may object to the order as provided by rules of court and a district court judge shall make a de novo determination of that portion of the order to which objection is made. The district court judge may accept, reject, or modify the order in whole or in part. The district court judge may also receive further evidence or recommit the matter to the judge pro tempore or special master with instructions.

(e) All proceedings before a judge pro tempore or special master in a criminal case must be conducted in a suitable room in the courthouse, subject to the provisions of Title 46 relating to the use of two-way electronic audio-video communication. All records must be filed and kept in accordance with the rules governing the district court.
Mont. Code Ann. § 3-1-304 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-304
3-1-304 Adjournment for absence of judge
Status: in_force

3-1-304 . Adjournment for absence of judge. If no judge attends before noon on the day appointed for the holding or sitting of a court or on a day to which it may have been adjourned, the sheriff or clerk may adjourn the same until the next day at 10 a.m. If no judge attends on that day before noon, the sheriff or clerk may adjourn the same until the following day at the same hour and so on from day to day for 6 days unless the judge, by written order or telegram, directs it to be adjourned to some day certain, fixed in said order or telegram, in which case it must be so adjourned.
Mont. Code Ann. § 3-2-601 — MT Code / Title 3 / Chapter 2 / Part 6 / Section 3-2-601
3-2-601 Decisions to be in writing
Status: in_force

3-2-601 . Decisions to be in writing. In the determination of causes, all decisions of the supreme court must be given in writing, the grounds of the decision must be stated, and each justice agreeing or concurring with the decision must so indicate by signing the decision. Any justice disagreeing with a decision must so indicate by written dissent.
Mont. Code Ann. § 3-1-501 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-501
3-1-501 What acts or omissions are contempts -- civil and criminal contempt
Status: in_force

3-1-501 . What acts or omissions are contempts -- civil and criminal contempt. (1) The following acts or omissions in respect to a court of justice or proceedings in a court of justice are contempts of the authority of the court:

(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending to interrupt the due course of a trial or other judicial proceeding;

(b) a breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceeding;

(c) misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;

(d) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;

(e) disobedience of any lawful judgment, order, or process of the court;

(f) assuming to be an officer, attorney, or counsel of a court and acting as that individual without authority;

(g) rescuing any person or property in the custody of an officer by virtue of an order or process of the court;

(h) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial;

(i) any other unlawful interference with the process or proceedings of a court;

(j) disobedience of a subpoena duly served or refusing to be sworn or answer as a witness;

(k) when summoned as a juror in a court, neglecting to attend or serve as a juror or improperly conversing with a party to an action to be tried at the court or with any other person in relation to the merits of the action or receiving a communication from a party or other person in respect to it without immediately disclosing the communication to the court;

(l) disobedience by a lower tribunal, magistrate, or officer of the lawful judgment, order, or process of a superior court or proceeding in an action or special proceeding contrary to law after the action or special proceeding is removed from the jurisdiction of the lower tribunal, magistrate, or officer.

(2) Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of the officer.

(3) Refusal or inability to admit a defendant, respondent, patient, or person who has been ordered to be committed, transferred, transported, or sentenced to or directed to be detained at the Montana state hospital or the custody of the director of the department of public health and human services related to a civil or criminal proceeding is not contempt if:

(a) a bed is not available for the defendant, respondent, patient, or person;

(b) admission of the defendant, respondent, patient, or person will cause the census at the hospital to exceed its licensed capacity; or

(c) the information and records requested by the department or hospital are not received, including:

(i) physical and psychiatric health information sufficient to:

(A) evaluate the immediate treatment needs and appropriate placement of the defendant, respondent, patient, or person, including the availability of less restrictive medically appropriate facilities; and

(B) coordinate care with the professional person, county attorney, court, or the person or entity transporting the respondent during the admission process;

(ii) documentation of legal authority to admit the respondent or patient; and

(iii) other information and records as required by administrative rule.

(4) A contempt may be either civil or criminal. A contempt is civil if the sanction imposed seeks to force the contemnor's compliance with a court order. A contempt is criminal if the court's purpose in imposing the penalty is to punish the contemnor for a specific act and to vindicate the authority of the court. If the penalty imposed is incarceration, a fine, or both, the contempt is civil if the contemnor can end the incarceration or avoid the fine by complying with a court order and is criminal if the contemnor cannot end the incarceration or avoid the fine by complying with a court order. If the court's purpose in imposing the sanction is to attempt to compel the contemnor's performance of an act, the court shall impose the sanction under 3-1-520 and may not impose a sanction under 45-7-309 .

(5) A person may be found guilty of and penalized for criminal contempt by proof beyond a reasonable doubt. The procedures provided in Title 46 apply to criminal contempt prosecutions, except those under 3-1-511 .
Mont. Code Ann. § 3-10-502 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-502
3-10-502 How entries made -- prima facie evidence
Status: in_force

3-10-502 . How entries made -- prima facie evidence. (1) The items listed in 3-10-501 must be entered in the docket under the title of the action to which they relate and, unless otherwise provided, at the time when they occur.

(2) The entries in a justice of the peace's docket or a transcript of the entries certified by the justice or the justice's successor in office are prima facie evidence of the facts stated.
Mont. Code Ann. § 3-11-201 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-201
3-11-201 Number of judges -- term of office
Status: in_force

3-11-201 . Number of judges -- term of office. (1) The governing body of a city may determine by ordinance the number of judges required to operate the city court.

(2) An elected or appointed city judge shall hold office for a term of 4 years and until the qualification of a successor.

(3) A justice of the peace designated to act as city judge for a city or town under 3-11-205 shall serve as city judge for the duration of the justice of the peace's term as justice of the peace or until the agreement provided for in 3-11-205 terminates.
Mont. Code Ann. § 3-15-802 — MT Code / Title 3 / Chapter 15 / Part 8 / Section 3-15-802
3-15-802 Manner of impaneling
Status: in_force

3-15-802 . Manner of impaneling. The manner of impaneling juries of inquest is prescribed in the provisions of the different statutes relating to such inquests.
Mont. Code Ann. § 3-1-702 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-702
3-1-702 Duties
Status: in_force

3-1-702 . Duties. The court administrator is the administrative officer of the court. Under the direction of the chief justice, the court administrator shall:

(1) prepare and present judicial budget requests to the legislature, including the costs of the state-funded district court program;

(2) collect, compile, and report statistical and other data relating to the business transacted by the courts and provide the information to the legislature on request and, if requested, in accordance with 5-11-210 ;

(3) to the extent possible, provide that current and future information technology applications are coordinated and compatible with the standards and goals of the executive branch as expressed in the state strategic information technology plan provided for in 2-17-521 ;

(4) recommend to the supreme court improvements in the judiciary;

(5) administer legal assistance for indigent victims of domestic violence, as provided in 3-2-714 ;

(6) administer state funding for district courts, as provided in chapter 5, part 9;

(7) administer the pretrial program provided for in 3-1-708 ;

(8) administer the treatment court support account provided for in 46-1-1115 ; and

(9) administer the judicial branch personnel plan.
Mont. Code Ann. § 3-2-706 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-706
3-2-706 Effect on existing laws and rules
Status: in_force

3-2-706 . Effect on existing laws and rules. All present laws and rules relating to pleading, practice, and procedure shall be effective as rules of court until modified or superseded by subsequent court rule. Upon the adoption of any rule pursuant to this part, such laws and rules insofar as they are in conflict therewith shall thereafter be of no further force and effect.
Mont. Code Ann. § 3-5-507 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-507
3-5-507 Judgment book
Status: in_force

3-5-507 . Judgment book. The clerk must keep with the records of the court a book to be called the "Judgment Book", in which judgments must be entered.
Mont. Code Ann. § 3-2-602 — MT Code / Title 3 / Chapter 2 / Part 6 / Section 3-2-602
3-2-602 Justices to report decisions
Status: in_force

3-2-602 . Justices to report decisions. The justices of the supreme court shall report the decisions of the supreme court.
Mont. Code Ann. § 3-7-103 — MT Code / Title 3 / Chapter 7 / Part 1 / Section 3-7-103
3-7-103 Promulgation of rules and prescription of forms -- advisory committee
Status: in_force

3-7-103 . Promulgation of rules and prescription of forms -- advisory committee. (1) As soon as practicable the Montana supreme court may promulgate special rules of practice and procedure and shall prescribe forms for use in connection with this chapter and Title 85, chapter 2, parts 2 and 7, in consultation with the water judge and the department of natural resources and conservation.

(2) (a) The chief water judge shall appoint a water adjudication advisory committee to provide recommendations to the water court, the Montana supreme court, the department of natural resources and conservation, and the legislature on methods to improve and expedite the water adjudication process.

(b) The committee consists of three nongovernmental attorneys who practice before the water court, one district court judge, and three water users who have filed statements of claim with the department of natural resources and conservation under this chapter.

(c) The chief water judge or the judge's designee shall serve as an ex officio member of the committee. The Montana supreme court may appoint the attorney general or the attorney general's designee, a representative from the department of natural resources and conservation, and a representative of the United States government as ex officio members of the committee.

(d) The committee members shall serve at the pleasure of the water court and shall serve without compensation.

(e) The committee shall file a report with the Montana supreme court by October 1, 1996, and as often as determined by the Montana supreme court.
Mont. Code Ann. § 3-5-505 — MT Code / Title 3 / Chapter 5 / Part 5 / Section 3-5-505
3-5-505 Register of criminal actions
Status: in_force

3-5-505 . Register of criminal actions. The clerk of the district court shall keep a book called the "Register of Criminal Actions", which must have a proper index and in which must be entered the title and number of the action with a memorandum of every paper filed and order or proceeding had in the action, along with the date of the filing, order, or proceeding, and a memorandum of the name of every witness, the number of days that the witness attended, and the person's witness fees.
Mont. Code Ann. § 3-15-801 — MT Code / Title 3 / Chapter 15 / Part 8 / Section 3-15-801
3-15-801 Summoning juries
Status: in_force

3-15-801 . Summoning juries. Juries of inquest must be summoned by the officer before whom the proceedings in which they are to sit are to be held or by a sheriff, constable, or police officer from the residents of the county who are competent to serve as jurors by notifying them orally that they are summoned and of the time and place at which their attendance is required.
Mont. Code Ann. § 3-1-312 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-312
3-1-312 Sittings of court to be public
Status: in_force

3-1-312 . Sittings of court to be public. The sittings of every court of justice must be public, except as provided in 3-1-313 .
Mont. Code Ann. § 3-1-203 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-203
3-1-203 Seals of district courts
Status: in_force

3-1-203 . Seals of district courts. The seals of the district courts are circular, not less than 1 3/4 inches in diameter, and have in the center the word "Seal" and the following inscription surrounding the same: ".... District Court, .... County, Montana", inserting the number of the district and the name of the county; which seal must be procured by the clerk of the court at the expense of the county and an impression thereof, certified by the clerk, filed with the secretary of state.
Mont. Code Ann. § 3-1-1103 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1103
3-1-1103 Terminated membership -- vacancies
Status: in_force

3-1-1103 . Terminated membership -- vacancies. (1) Commission membership terminates if a member ceases to hold the position that qualified the person for appointment.

(2) If a vacancy occurs on the commission, the appointing authority of the vacated seat shall designate a successor.
Mont. Code Ann. § 3-2-603 — MT Code / Title 3 / Chapter 2 / Part 6 / Section 3-2-603
3-2-603 Duties of reporters
Status: in_force

3-2-603 . Duties of reporters. The reporters of the decisions of the supreme court shall make careful and accurate reports of the cases decided by the supreme court. The reports of the cases must be made under the supervision of and pursuant to rules adopted by the justices of the supreme court.
Mont. Code Ann. § 3-1-1104 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1104
3-1-1104 No compensation -- travel expenses
Status: in_force

3-1-1104 . No compensation -- travel expenses. A commission member is not entitled to compensation for the member's services but is entitled to travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred in the performance of the member's duties.
Mont. Code Ann. § 3-1-804 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-804
3-1-804 Substitution of district judges
Status: in_force

3-1-804 . Substitution of district judges.

SUBSTITUTION OF DISTRICT JUDGES

This section applies to judges presiding in district courts. It does not apply to any judge sitting as a water court judge, to a workers' compensation court judge, or to a judge supervising the distribution of water under 85-2-406 , including supervising water commissioners under Title 85, chapter 5, part 1.

(1) Each adverse party is entitled to one substitution of a district judge.

(a) In a civil action other than those noted in subsection (1)(c), a motion for substitution by the party filing the action must be filed within 30 calendar days after the first summons is served or an adverse party has appeared. A motion for substitution by the party served must be filed within 30 calendar days after service has been completed in compliance with M. R. Civ. P. 4.

(b) In a criminal action, a motion for substitution by the prosecution or the defendant must be filed within 10 calendar days after the defendant's arraignment.

(c) A motion for substitution may not be filed in the following cases: a child abuse or neglect proceeding under Title 41, chapter 3; a youth court action proceeding under Title 41, chapter 5; or a mental health commitment proceeding under Title 53, chapter 21, part 1.

(2) (a) When an initial pleading is filed, the clerk of court shall stamp the name of the district judge to whom the case is assigned on the face of the original and all copies of that document.

(b) A motion for substitution of district judge must be made by filing a written motion with the clerk as follows:

The undersigned hereby moves for substitution of District Judge _______ in this case.

The moving party shall serve copies of the motion for substitution upon all other parties to the proceeding. The clerk shall immediately notify the district judge of the motion and, if there has already been a substitution, the first district judge to whom the case was assigned.

(3) In civil cases, the motion for substitution is not effective for any purpose unless the filing fee for a motion for substitution required by 25-1-201 is paid to the clerk of the district court.

In criminal cases, the motion for substitution is effective upon filing, except as otherwise provided herein for a motion filed by a defendant who is not represented by a public defender, as defined by 47-1-103 .

In criminal cases filed by the county attorney, the county attorney shall pay the substitution motion fee required by 25-1-201 within 30 days of receipt of a claim from the clerk of district court. In criminal cases filed by the attorney general, the attorney general shall pay the substitution motion fee required by 25-1-201 within 30 days of receipt of a claim from the clerk of district court.

In criminal cases where the motion is filed by or on behalf of an indigent defendant, as defined by 47-1-103 , represented by a public defender, as defined by 47-1-103 , the office of public defender, as defined by 47-1-103 , shall pay the substitution motion fee within 30 days of receipt of a claim from the clerk of district court. In criminal cases where the motion is filed by or on behalf of a defendant who is not represented by a public defender, as defined by 47-1-103 , the motion for substitution is not effective for any purpose unless the substitution motion fee required by 25-1-201 is paid to the clerk of the district court except as waived pursuant to 25-10-404 .

The substitution motion filing fee required by 25-1-201 is not a district court expense within the meaning of 3-5-901 .

(4) Any motion for substitution that is not timely filed is void. The district judge for whom substitution is sought has jurisdiction to determine timeliness, and if the motion for substitution is untimely, shall enter an order denying the motion.

(5) After a timely motion has been filed, the substituted district judge does not have the power to act on the merits of the case or to decide legal issues in the case, except as provided in subsection (10).

(6) The first district judge who has been substituted or disqualified for cause has the duty of calling in all subsequent district judges. In a multijudge district, all other district judges in that district must be called before a district judge from another district is called.

(7) When a new district judge has accepted jurisdiction, the clerk of court shall provide a copy of the assumption of jurisdiction to the first district judge to whom the case was assigned and to each attorney or party of record. A certificate of service must be attached to the assumption of jurisdiction form in the court file.

(8) If the presiding judge in any action recuses himself or herself or if a new district judge assumes jurisdiction in any action, the right to move for substitution of a district judge is reinstated, except as to parties who have previously obtained a substitution. The time periods run anew from the date of service of notice or other document identifying the new district judge.

(9) No party who is joined or intervenes has any right of substitution after the time has run as to the original parties to proceed.

(10) A district judge who has previously been substituted from the case may agree to set the calendar, draw a jury, and conduct all routine matters including arraignments, preliminary pretrial conferences in civil cases, and other matters that do not address the merits of the case, if authorized by the presiding district judge.

(11) When a new trial is ordered by the district court, each adverse party shall be entitled to one motion for substitution of district judge. The motion must be filed, with the required filing fee, within 20 calendar days after the district court has ordered a new trial.

(12) When a judgment or order is reversed or modified on appeal and the cause is remanded to the district court for a new trial, or when a summary judgment or judgment of dismissal is reversed and the cause remanded, each adverse party is entitled to one motion for substitution of district judge. The motion must be filed, with the required filing fee, within 20 calendar days after the remittitur from the supreme court has been filed with the district court. There is no other right of substitution in cases remanded by the supreme court.

In criminal cases, there is no right of substitution when the cause is remanded for sentencing.
Mont. Code Ann. § 3-7-211 — MT Code / Title 3 / Chapter 7 / Part 2 / Section 3-7-211
3-7-211 Appointment of water commissioners
Status: in_force

3-7-211 . Appointment of water commissioners. Except as provided in 85-20-1902 , the district court having jurisdiction over the hydrologically interrelated portion of a water division, as described in 85-2-231 (3), in which the controversy arises may appoint and supervise a water commissioner as provided for in Title 85, chapter 5.
Mont. Code Ann. § 3-15-105 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-105
3-15-105 Jury of inquest defined
Status: in_force

3-15-105 . Jury of inquest defined. A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officer to inquire concerning particular facts.
Mont. Code Ann. § 3-1-607 — MT Code / Title 3 / Chapter 1 / Part 6 / Section 3-1-607
3-1-607 Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required
Status: in_force

3-1-607 . Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required. (1) If a person occupying the office of chief justice or associate justice of the supreme court or judge of a district court of the state of Montana becomes a candidate for election to any elective office under the laws of the state of Montana other than a judicial position, the person shall immediately, or in any event at or before the time when the person is required to file as a candidate for the office in any primary, special, or general election, resign from the office of chief justice, associate justice, or district court judge.

(2) The resignation becomes effective immediately upon its delivery to the proper officer or superior.

(3) The resignation requirement does not apply when the person is a bona fide candidate for reelection to the identical office currently occupied by the person or for another judicial position.
Mont. Code Ann. § 3-20-104 — MT Code / Title 3 / Chapter 20 / Part 1 / Section 3-20-104
3-20-104 Operating expenses -- asbestos claims administration fund
Status: in_force

3-20-104 . Operating expenses -- asbestos claims administration fund. The asbestos claims judge may employ the employees that may be required to carry out the duties under this part. All expenditures of the asbestos claims judge, including but not limited to salaries, travel expenses, office rent, office equipment, and supplies, must be paid out of the asbestos claims administration fund. The asbestos claims administration fund is the account in the state treasury in which the funding for the asbestos claims court is deposited.
Mont. Code Ann. § 3-5-127 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-127
3-5-127 Appointment of standing masters -- qualifications -- disqualification
Status: in_force

3-5-127 . Appointment of standing masters -- qualifications -- disqualification. (1) A judicial district may appoint or reappoint one or more standing masters for its district with the concurrence of a majority of the judges in the district.

(2) A standing master must be:

(a) admitted to practice law in Montana for at least 3 years prior to the date of appointment;

(b) a member of good standing in the state bar of Montana; and

(c) determined by the appointing judicial district to be competent to perform the duties of the office.

(3) The judicial district shall provide public notice of all vacancies or proposed reappointments in standing master positions.

(4) A standing master shall take the oath required of judges and follow the Montana code of judicial conduct.

(5) An appointed standing master is an employee of the district court under 3-5-901 .

(6) A standing master is subject to disqualification from proceeding on a matter on the same grounds as any other judicial officer. On disqualification of a standing master, the district court shall either refer the matter to another standing master in the judicial district or move the case back to its active docket for further proceedings.
Mont. Code Ann. § 3-2-701 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-701
3-2-701 Power of court over rules
Status: in_force

3-2-701 . Power of court over rules. The supreme court of this state shall have the power to regulate the pleading, practice, procedure, and the forms thereof in civil actions in all courts of this state by rules promulgated by it from time to time for the purpose of simplifying judicial proceedings in the courts of Montana and for promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant and shall not be inconsistent with the constitution of the state of Montana.
Mont. Code Ann. § 3-1-313 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-313
3-1-313 Sittings of court -- when private
Status: in_force

3-1-313 . Sittings of court -- when private. (1) In an action for dissolution of marriage, criminal conversation, or seduction, the court may direct the trial of any issue of fact joined therein to be private and exclude all persons except the officers of the court, the parties, their witnesses, and counsel.

(2) During the examination of a witness in any cause, the court may, in its discretion, exclude some or all of the other witnesses in the cause.
Mont. Code Ann. § 3-1-311 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-311
3-1-311 Proceedings not affected by vacancy in office
Status: in_force

3-1-311 . Proceedings not affected by vacancy in office. No proceeding in any court of justice in an action or special proceeding pending therein is affected by a vacancy in the office of all or any of the judges thereof.
Mont. Code Ann. § 3-2-212 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-212
3-2-212 Powers of justices individually -- certiorari and habeas corpus
Status: in_force

3-2-212 . Powers of justices individually -- certiorari and habeas corpus. (1) Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make the writs returnable before the issuing justice, the supreme court, or any justice of the supreme court or before any district court of the state or any district court judge. The writs may be heard and determined by the justice, court, or judge before whom they are made returnable.

(2) Each of the justices of the supreme court may also issue and hear and determine writs of certiorari in proceedings for contempt in the district court.
Mont. Code Ann. § 3-1-125 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-125
3-1-125 County to provide district court office space
Status: in_force

3-1-125 . County to provide district court office space. (1) Each county or consolidated city-county government shall provide office, courtroom, and other space for district court operations.

(2) Costs of providing office, courtroom, and other space for district court operations are a district court expense within the meaning of 7-6-2511 .
Mont. Code Ann. § 3-1-517 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-517
3-1-517 Return of warrant and undertaking
Status: in_force

3-1-517 . Return of warrant and undertaking. The officer shall return the warrant of arrest and undertaking, if any, received by the officer from the person arrested by the return day specified in the warrant.
Mont. Code Ann. § 3-5-901 — MT Code / Title 3 / Chapter 5 / Part 9 / Section 3-5-901
3-5-901 State assumption of district court expenses
Status: in_force

3-5-901 . State assumption of district court expenses. (1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in subsection (3). These costs include but are not limited to the following:

(a) salaries and benefits for:

(i) district court judges;

(ii) law clerks;

(iii) court reporters, as provided in 3-5-601 ;

(iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court;

(v) standing masters; and

(vi) other employees of the district court;

(b) in criminal cases:

(i) fees for transcripts of proceedings, as provided in 3-5-604 ;

(ii) witness fees and necessary expenses, as provided in 46-15-116 ;

(iii) juror fees and necessary expenses;

(iv) for a psychiatric examination under 46-14-202 , the cost of the examination and other associated expenses, as provided in 46-14-202 (5); and

(v) for commitment under 46-14-221 , the costs provided in 46-14-221 (5);

(c) except as provided in 47-1-119 , the district court expenses in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings;

(d) except as provided in 47-1-119 , the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence:

(i) transcript fees;

(ii) witness fees; and

(iii) expenses for psychiatric examinations;

(e) except as provided in 47-1-119 , the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary legal custody of a youth or termination of the parent-child legal relationship and permanent custody:

(i) transcript fees;

(ii) witness fees;

(iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation;

(iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and

(v) expenses associated with court-ordered alternative dispute resolution;

(f) except as provided in 47-1-119 , costs of juror and witness fees and witness expenses before a grand jury;

(g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226 , and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215 (2)(a);

(h) except as provided in 47-1-119 , all district court expenses associated with civil jury trials if similar expenses were paid out of the district court fund or the county general fund in any previous year;

(i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors; and

(j) costs associated with the operation and maintenance of the youth court and youth court division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by other entities identified in Title 41, chapter 5.

(2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost and the office of court administrator shall reimburse the county within 30 days of receipt of a claim.

(3) For the purposes of subsection (1), district court costs paid by the office of court administrator do not include:

(a) costs for clerks of district court and employees and expenses of the offices of the clerks of district court;

(b) costs of providing and maintaining district court office space; or

(c) charges incurred against a county by virtue of any provision of Title 7 or 46.
Mont. Code Ann. § 3-1-518 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-518
3-1-518 Hearing on contempt not committed in immediate view and presence of court or judge at chambers
Status: in_force

3-1-518 . Hearing on contempt not committed in immediate view and presence of court or judge at chambers. (1) When a person arrested for a contempt not committed in the immediate view and presence of the court or judge at chambers has been brought up or appeared, the court or judge shall proceed to investigate the charge, shall schedule and hold a hearing on any answer that the person arrested may make to the charge, and may examine witnesses for or against the person, for which an adjournment may be had from time to time, if necessary. The judge investigating the charge and scheduling and presiding over the hearing may not be the judge against whom the contempt was allegedly committed, except that if the contempt arose from the violation of an order of the court issued after a hearing on the merits of the subject of the order, the judge who issued the order may punish the contempt or compel compliance with the order unless it is shown that the judge would not be impartial in addressing the contempt.

(2) The charged person must be given a reasonable opportunity to obtain counsel and prepare a defense or explanation prior to the hearing. The charged person may testify and call witnesses at the hearing.
Mont. Code Ann. § 3-1-1106 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1106
3-1-1106 Investigation of judicial officers -- complaint -- hearing -- recommendations
Status: in_force

3-1-1106 . Investigation of judicial officers -- complaint -- hearing -- recommendations. (1) (a) The commission, upon the filing of a written complaint by any citizen of the state, shall initiate an investigation of any judicial officer in the state to determine if there are grounds for conducting additional proceedings before the commission. If the commission's investigation indicates that additional proceedings before the commission may be justified, the commission shall require the citizen who filed the original written complaint to sign a verified written complaint by affidavit before conducting additional proceedings. A citizen has the right to make public the citizen's complaints concerning a judicial officer at any time.

(b) The commission shall give the judicial officer written notice of the citizen's complaint and of the initiation of an investigation. Notice must also be given if a verified written complaint by affidavit is filed and must include the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The notice must be signed by the commission.

(2) The commission, after an investigation that it considers necessary and on a finding of good cause, shall:

(a) order a hearing to be held before it concerning the censure, suspension, removal, or retirement of a judicial officer;

(b) publicly advise the judicial officer and the supreme court, in writing, that the complaint will be dismissed if the judicial officer files with the commission a letter stating that the officer will take corrective action satisfactory to the commission; or

(c) request that the supreme court appoint one or more special masters who are judges of courts of record to hear and take evidence and to report to the commission.

(3) If after a hearing or after considering the record and the report of the masters the commission finds the charges true, it shall publicly recommend to the supreme court the censure, suspension, removal, or disability retirement of the judicial officer.
Mont. Code Ann. § 3-9-104 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-104
3-9-104 Operating expenses
Status: in_force

3-9-104 . Operating expenses. The workers' compensation judge may employ such employees as may be required to carry out the duties under this part. All expenditures of the workers' compensation judge, including but not limited to salaries, traveling expenses, office rent, office equipment, and supplies, shall be paid out of the workers' compensation administration fund.
Mont. Code Ann. § 3-15-301 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-301
3-15-301 Who competent -- duty to serve
Status: in_force

3-15-301 . Who competent -- duty to serve. It is the policy of this state that all qualified citizens have an obligation to serve on juries upon being summoned for jury duty, unless excused. Except as provided in 3-15-303 , a person is competent to act as a juror if the person is:

(1) 18 years of age or older;

(2) a resident for at least 30 days of the state and of the city, town, or county in which the person is called for jury duty; and

(3) a citizen of the United States.
Mont. Code Ann. § 3-10-102 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-102
3-10-102 When courts open
Status: in_force

3-10-102 . When courts open. A justice's court is always open for the transaction of business, except on legal holidays and nonjudicial days.
Mont. Code Ann. § 3-1-1115 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1115
3-1-1115 Legislative nomination panel
Status: in_force

3-1-1115 . Legislative nomination panel. (1) There is a nomination panel made up of members of the house of representatives for the purposes of providing recommendations to the speaker of the house about appointments made as provided in 3-1-1101 (1)(a). Within 3 days of the start of each regular legislative session, the speaker of the house shall appoint three representatives to the legislative nomination panel. The panel must have at least one member from the minority party. If a vacancy occurs on the panel, the speaker may appoint a replacement.

(2) When a vacancy occurs or a vacancy is anticipated to occur due to the expiration of a term on the judicial standards commission in a position appointed as provided in 3-1-1101 (1)(a), the speaker of the house shall notify the district court judges, who shall present the nomination panel with a list of all district court judges who are willing to serve as a commissioner. After consideration of the judges' qualifications, the nomination panel shall forward no fewer than three names to the speaker of the house, who shall select a commissioner from that pool of names.

(3) Members of the nomination panel serve until the start of the first regular session after their appointment unless they are reappointed.

(4) The nomination panel may meet between regular sessions of the legislature to fill vacancies.
Mont. Code Ann. § 3-7-301 — MT Code / Title 3 / Chapter 7 / Part 3 / Section 3-7-301
3-7-301 Appointment of water masters -- removal
Status: in_force

3-7-301 . Appointment of water masters -- removal. (1) The chief water judge or the water judge in each water division may appoint one or more water masters.

(2) A water master may be appointed after July 1, 1980, and must be appointed on or before July 1, 1982.

(3) In appointing a water master, the water judge shall consider a potential master's experience with water law, water use, and water rights.

(4) A water master shall serve at the pleasure of the chief water judge and may be removed by the chief water judge.

(5) A water master may serve in any water division and may be moved among the water divisions at the discretion of the chief water judge.
Mont. Code Ann. § 3-5-124 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-124
3-5-124 Standing masters -- reference -- powers
Status: in_force

3-5-124 . Standing masters -- reference -- powers. (1) A reference to a standing master must be made at the judge's discretion or by standing order of the district court. All standing orders of reference under this section must be posted in a conspicuous place on the district court's or the judicial branch's website.

(2) A party may object to a reference to a standing master within 20 days after the date the matter was referred to the standing master but before the first meeting with the standing master. On objection, the district court shall refer the matter to another standing master in the judicial district or return the matter to the active docket of the district court.

(3) (a) The order of reference to the standing master must specify or limit the standing master's powers and must direct the standing master to present written findings of fact and conclusions of law on particular issues for the consideration of the district court. Subject to the specifications and limitations stated in the order, the standing master shall regulate all proceedings in each hearing before the standing master and implement measures necessary for the efficient performance of the standing master's duties under the order.

(b) The standing master may:

(i) require the production of evidence on all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings that are applicable;

(ii) rule on the admissibility of evidence unless otherwise directed by the order of reference. The standing master's rulings must be in accordance with Montana law and the Montana Rules of Evidence, as applicable.

(iii) put witnesses on oath and permit their examination;

(iv) call the parties to the action and permit their examination under oath; and

(v) issue temporary orders that are subject to review by the district court, on objection by a party to the action.

(c) The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules of Evidence for a court sitting without a jury. Audio and video recordings are acceptable means of record so long as a master recording is properly preserved and can be transcribed for district court and appellate review.

(4) A standing master shall apply all applicable laws and follow the applicable rules of the judicial district in which the matter is filed.
Mont. Code Ann. § 3-15-603 — MT Code / Title 3 / Chapter 15 / Part 6 / Section 3-15-603
3-15-603 Manner of impaneling
Status: in_force

3-15-603 . Manner of impaneling. After the jurors have been selected, the grand jury shall be impaneled as prescribed in 46-11-301 through 46-11-303 .
Mont. Code Ann. § 3-15-102 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-102
3-15-102 Kinds of juries
Status: in_force

3-15-102 . Kinds of juries. Juries are of three kinds:

(1) grand juries;

(2) trial juries;

(3) juries of inquest.
Mont. Code Ann. § 3-6-106 — MT Code / Title 3 / Chapter 6 / Part 1 / Section 3-6-106
3-6-106 Sessions of court -- departments
Status: in_force

3-6-106 . Sessions of court -- departments. (1) The municipal court must be in continuous session from 9 a.m. to noon and from 1 p.m. to 4 p.m. on every day except nonjudicial days. The judge may designate additional hours as the judge believes necessary. If there is more than one judge, each judge may hold a session of the court and may designate additional hours as the judge believes necessary.

(2) If there is more than one judge, the chief municipal court judge shall divide the court into departments, make rules for the government of the court, and describe the order of the court's business. Each department must be numbered, and a judge must be assigned to each department.
Mont. Code Ann. § 3-1-512 — MT Code / Title 3 / Chapter 1 / Part 5 / Section 3-1-512
3-1-512 Procedure -- contempt not in presence of the court
Status: in_force

3-1-512 . Procedure -- contempt not in presence of the court. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit of the facts constituting the contempt or a statement of the facts by the referees or arbitrators or other judicial officer shall be presented to the court or judge.
Mont. Code Ann. § 3-9-102 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-102
3-9-102 Supervision and administration by supreme court
Status: in_force

3-9-102 . Supervision and administration by supreme court. (1) The Montana supreme court shall supervise the activities of the workers' compensation court, the workers' compensation judge, and associated personnel in implementing 3-9-105 and this section.

(2) The supreme court shall pay the expenses of the workers' compensation judge and the salaries and expenses of the workers' compensation judge's staff from appropriations made for that purpose.

(3) Salaries and expenses must be paid out of the workers' compensation court fund provided in 3-9-105 .

(4) As used in this section, "salaries and expenses" include but are not limited to the salaries and expenses of personnel, the cost of office equipment and office space, and other necessary expenses that may be incurred in the administration of 3-9-105 and this section.
Mont. Code Ann. § 3-5-118 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-118
3-5-118 Appeals
Status: in_force

3-5-118 . Appeals. An appeal from a final judgment of a judge pro tempore must be made in the same manner as an appeal from a final judgment of the district court.
Mont. Code Ann. § 3-2-705 — MT Code / Title 3 / Chapter 2 / Part 7 / Section 3-2-705
3-2-705 No effect on powers of boards or commissions
Status: in_force

3-2-705 . No effect on powers of boards or commissions. This part shall not affect the power of any constitutional or statutory commission or board to make rules governing its practice.
Mont. Code Ann. § 3-15-604 — MT Code / Title 3 / Chapter 15 / Part 6 / Section 3-15-604
3-15-604 Drawing and summoning in multijudge districts
Status: in_force

3-15-604 . Drawing and summoning in multijudge districts. In districts where there are two or more judges, each judge may order a grand jury to be drawn and summoned to attend the session or term over which that judge presides, as provided in this part, but more than one grand jury may not be in attendance upon any district court at the same time.
Mont. Code Ann. § 3-2-604 — MT Code / Title 3 / Chapter 2 / Part 6 / Section 3-2-604
3-2-604 Distribution of reports
Status: in_force

3-2-604 . Distribution of reports. (1) On the publication of each volume of the reports, the supreme court shall purchase and distribute:

(a) each volume to each justice of the supreme court and to each district court judge; and

(b) four copies of each volume to the law library of the state of Montana.

(2) All reports distributed pursuant to subsection (1) are for the use of the office and must be turned over to the successor in office.
Mont. Code Ann. § 3-15-103 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-103
3-15-103 Grand jury defined
Status: in_force

3-15-103 . Grand jury defined. A grand jury is a body of persons, 11 in number, returned as provided by law from the citizens of a county before a court of competent jurisdiction and sworn to inquire into public offenses committed or triable within the county.
Mont. Code Ann. § 3-11-104 — MT Code / Title 3 / Chapter 11 / Part 1 / Section 3-11-104
3-11-104 Exceptions to civil jurisdiction
Status: in_force

3-11-104 . Exceptions to civil jurisdiction. City 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. § 3-1-1506 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1506
3-1-1506 Expenses
Status: in_force

3-1-1506 . Expenses. Each judge is entitled to reimbursement for all actual and necessary travel expenses and other costs incurred in attending a course of training and education pursuant to 3-1-1502 . Such reimbursement must be paid as provided for in 3-10-203 and 3-11-204 .
Mont. Code Ann. § 3-2-103 — MT Code / Title 3 / Chapter 2 / Part 1 / Section 3-2-103
3-2-103 Computation of term of office
Status: in_force

3-2-103 . Computation of term of office. The years during which a justice of the supreme 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. § 3-1-302 — MT Code / Title 3 / Chapter 1 / Part 3 / Section 3-1-302
3-1-302 Nonjudicial day
Status: in_force

3-1-302 . Nonjudicial day. (1) No court may be open nor may any judicial business be transacted on legal holidays, as provided for in 1-1-216 , and on a day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving, or holiday, except for the following purposes:

(a) to give, upon its request, instructions to a jury when deliberating on its verdict;

(b) to receive a verdict or discharge a jury;

(c) for the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature.

(2) Injunctions, writs of prohibition, and habeas corpus may be issued and served on any day.
Mont. Code Ann. § 3-9-107 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-107
3-9-107 Direct appeal to supreme court
Status: in_force

3-9-107 . Direct appeal to supreme court. Notwithstanding 2-4-701 through 2-4-704 , an appeal from a final decision of the workers' compensation judge shall be filed directly with the supreme court of Montana in the manner provided by law for appeals from the district court in civil cases.
Mont. Code Ann. § 3-5-122 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-122
3-5-122 Judge pro tempore or special master in criminal cases -- appointment
Status: in_force

3-5-122 . Judge pro tempore or special master in criminal cases -- appointment. (1) One or more judges of a judicial district may designate a judge pro tempore or a special master in a criminal case to hear and determine any preliminary, nondispositive matter pending in a criminal case before the court if the district court judge or judges find that the appointment serves justice.

(2) Any of the following individuals may act as a special master in a criminal case:

(a) a justice of the peace or a city judge;

(b) a retired district court judge;

(c) a retired supreme court justice; or

(d) a member of the state bar.
Mont. Code Ann. § 3-1-130 — MT Code / Title 3 / Chapter 1 / Part 1 / Section 3-1-130
3-1-130 Supreme court -- adoption of judicial branch personnel plan
Status: in_force

3-1-130 . Supreme court -- adoption of judicial branch personnel plan. (1) The supreme court shall adopt a plan of personnel administration for employees of the judicial branch, other than justices, judges, the supreme court administrator, the librarian of the state law library, and the clerk of the supreme court. The plan must include but may not be limited to classification and pay, recruitment and selection, performance appraisal, training, and promotion.

(2) The court administrator appointed under 3-1-701 shall, under the direction of the chief justice, administer the judicial branch personnel plan adopted under this section.
Mont. Code Ann. § 3-10-401 — MT Code / Title 3 / Chapter 10 / Part 4 / Section 3-10-401
3-10-401 Contempts for which justice of the peace may punish
Status: in_force

3-10-401 . Contempts for which justice of the peace may punish. A justice of the peace may punish for contempt persons guilty of only the following acts:

(1) disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;

(2) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by the justice tending to interrupt the due course of a trial or other judicial proceeding;

(3) disobedience or resistance to the execution of a lawful order or process made or issued by the justice;

(4) disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;

(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court.
Mont. Code Ann. § 3-10-111 — MT Code / Title 3 / Chapter 10 / Part 1 / Section 3-10-111
3-10-111 What provisions of code applicable to justices' courts
Status: in_force

3-10-111 . What provisions of code applicable to justices' courts. Because justices' courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts or which have been made applicable by special provisions in this chapter, chapter 31 of Title 25, and Title 27 are applicable to justices' courts and the proceedings therein.
Mont. Code Ann. § 3-15-503 — MT Code / Title 3 / Chapter 15 / Part 5 / Section 3-15-503
3-15-503 Drawing -- how conducted
Status: in_force

3-15-503 . Drawing -- how conducted. (1) (a) If the drawing of jurors is conducted by means of a jury box, the jury commissioner shall place the box on a rod so that it may readily revolve. The box must be revolved a sufficient number of times to ensure that the numbered slips in it become thoroughly mixed. The jury commissioner shall then draw from the box, one at a time, as many of the numbered slips as are ordered by the court.

(b) If the drawing of jurors is conducted by means of a computerized database, it must be conducted by use of a computerized random selection process that the judges of the district court of the county have approved in writing as satisfactorily fulfilling the requirements for the drawing of trial juries.

(2) A record of the drawing must be entered in the minutes of the court. It must show the names of the jurors corresponding to the numbers drawn from the jury box or the names drawn by means of the computerized random selection process.
Mont. Code Ann. § 3-1-402 — MT Code / Title 3 / Chapter 1 / Part 4 / Section 3-1-402
3-1-402 Powers of judicial officers as to conduct of proceedings
Status: in_force

3-1-402 . Powers of judicial officers as to conduct of proceedings. A judicial officer has the power to:

(1) preserve and enforce order in the officer's immediate presence and in proceedings before the officer when the officer is engaged in the performance of official duties;

(2) compel obedience to the officer's official orders, as provided in this code;

(3) compel the attendance of persons to testify in a proceeding before the officer in the cases and manner provided in this code;

(4) administer oaths to persons in a proceeding pending before the officer and in all other cases in which it may be necessary in the exercise of the officer's powers and duties.
Mont. Code Ann. § 3-5-611 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-611
3-5-611 Reporter pro tempore
Status: in_force

3-5-611 . Reporter pro tempore. (1) The reporter of any district court shall perform the duties of the office in person except when excused for good and sufficient reason by order of the court. The order must be entered upon the minutes of the court. Employment in the reporter's professional capacity elsewhere is not a good and sufficient reason for the excuse.

(2) When the reporter of any court has been excused in the manner provided in this section, the court may appoint a reporter pro tempore, who shall take the same oath and perform the same duties and receive the same compensation during the time of employment as the regular reporter.
Mont. Code Ann. § 3-1-1105 — MT Code / Title 3 / Chapter 1 / Part 11 / Section 3-1-1105
3-1-1105 Confidential proceedings -- rules for commission
Status: in_force

3-1-1105 . Confidential proceedings -- rules for commission. (1) Except as provided in 3-1-1107 and 3-1-1121 through 3-1-1126 , all papers filed with and proceedings before the commission or masters are confidential and the filing of papers with and the testimony given before the commission or masters is privileged communication.

(2) The commission shall make rules for the conduct of its affairs and the enforcement of confidentiality and provide public disclosure when appropriate consistent with this part.
Mont. Code Ann. § 3-5-214 — MT Code / Title 3 / Chapter 5 / Part 2 / Section 3-5-214
3-5-214 Certification and filing of expense claim
Status: in_force

3-5-214 . Certification and filing of expense claim. As soon as a district court judge's services in connection with the trial, hearing, or conference referred to in 3-5-213 are concluded, the judge shall certify in detail the judge's actual and necessary travel expenses as specified in 3-5-213 and shall file the claim with the state to be processed as provided by law.
Mont. Code Ann. § 3-1-803 — MT Code / Title 3 / Chapter 1 / Part 8 / Section 3-1-803
3-1-803 Disqualification of judges -- all courts
Status: in_force

3-1-803 . Disqualification of judges -- all courts.

DISQUALIFICATION OF JUDGES

This section shall, in its application, apply to all courts listed in section 3-1-101 except a court of impeachment in the state senate.

Any justice, judge, justice of the peace, municipal court judge or city court judge must not sit or act in any action or proceeding:

1. To which he is a party, or in which he is interested.

2. When he is related to either party or any attorney or member of a firm of attorneys of record for a party by consanguinity or affinity within the third degree, computed according to the rules of law;

3. When he has been attorney or counsel in the action or proceeding for any party or when sitting in a case on appeal he as a judge in the lower court rendered or made the judgment, order, or decision appealed from.
Mont. Code Ann. § 3-9-116 — MT Code / Title 3 / Chapter 9 / Part 1 / Section 3-9-116
3-9-116 Stay pending posttrial motions and appeal
Status: in_force

3-9-116 . Stay pending posttrial motions and appeal. (1) Upon the filing of a judgment or order of the workers' compensation judge, a party may apply to the workers' compensation judge, upon notice or ex parte, for a stay of execution of the judgment or order. The stay may be for a period of time and be under conditions that the judge considers proper. A stay of execution under this subsection may not extend for more than 30 days following the judge's disposition of posttrial motions.

(2) The appellant may request of the workers' compensation judge or the supreme court, upon service of a notice of appeal, a stay of execution of the judgment or order pending resolution of the appeal. The appellant may request a stay by presenting a supersedeas bond to the workers' compensation judge and obtaining the approval of the bond. The bond must have two sufficient sureties or a corporate surety as authorized by law. A court granting a stay may waive the bond requirement. The procedure for requesting a stay and posting a supersedeas bond must be the same as the procedure in Rule 22, Montana Rules of Appellate Procedure.
Mont. Code Ann. § 3-5-612 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-612
3-5-612 Reporter's report prima facie evidence
Status: in_force

3-5-612 . Reporter's report prima facie evidence. The report of the reporter or reporter pro tempore of any court, duly appointed and sworn, when written out in longhand or printed in type and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
Mont. Code Ann. § 3-5-114 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-114
3-5-114 Qualifications
Status: in_force

3-5-114 . Qualifications. Any of the following individuals may act as a judge pro tempore:

(1) a member of the bar of the state who meets the qualifications for judge of the district court as provided in 3-5-202 ;

(2) a retired judge of the district court;

(3) a justice of the peace for a justice's court of record, provided for in 3-10-101 ;

(4) a municipal court judge; or

(5) a retired justice of the supreme court.
Mont. Code Ann. § 3-1-205 — MT Code / Title 3 / Chapter 1 / Part 2 / Section 3-1-205
3-1-205 Seal of municipal court
Status: in_force

3-1-205 . Seal of municipal court. The municipal court shall have and use a seal, which seal shall be similar to the seal of the district court, except as to the name of the court.
Mont. Code Ann. § 3-2-302 — MT Code / Title 3 / Chapter 2 / Part 3 / Section 3-2-302
3-2-302 Quorum
Status: in_force

3-2-302 . Quorum. A majority of the justices is necessary to form a quorum of the court. Any decision must be concurred in by a majority of the justices of the court, but one or more of the justices may adjourn the court from day to day or to a day certain.
Mont. Code Ann. § 3-2-211 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-211
3-2-211 Concurrence of majority -- for what necessary
Status: in_force

3-2-211 . Concurrence of majority -- for what necessary. The concurrence of a majority of the justices of the supreme court is necessary for the issuance of any writ or the transaction of any business except such as can be done at chambers.
Mont. Code Ann. § 3-10-207 — MT Code / Title 3 / Chapter 10 / Part 2 / Section 3-10-207
3-10-207 Salaries
Status: in_force

3-10-207 . Salaries. (1) Subject to subsections (2) through (4), the board of county commissioners shall set salaries for justices of the peace by resolution and in conjunction with setting salaries for other officers as provided in 7-4-2504 .

(2) The salary of the justice of the peace may not be less than the salary for the district clerk of the court in that county.

(3) If the justice's court is not open for business full time, the justice's salary must be commensurate to the workload and office hours of the court. The salary of a justice of the peace may not be reduced during the justice's term of office.

(4) The salary of the justice of the peace for a justice's court of record may not exceed 90% of the salary of a district court judge determined as provided in 3-5-211 .
Mont. Code Ann. § 3-1-1602 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1602
3-1-1602 District court council -- appointment -- composition -- duties -- staggered terms -- staff
Status: in_force

3-1-1602 . District court council -- appointment -- composition -- duties -- staggered terms -- staff. (1) There is a district court council. The council must be composed of nine members as follows:

(a) the chief justice of the supreme court or a designee of the chief justice;

(b) four district court judges elected by district court judges, one of whom must be from a judicial district that does not contain a first-class city as provided in 7-1-4111 ; and

(c) the following ex officio, nonvoting members appointed by the supreme court:

(i) one chief juvenile probation officer nominated by the Montana juvenile probation officers association;

(ii) one clerk of the district court nominated by the Montana association of clerks of district courts;

(iii) one county commissioner nominated by the Montana association of counties; and

(iv) one court reporter nominated by the Montana court reporters association.

(2) The chief justice or the chief justice's designee shall serve as the presiding officer of the council and shall appoint a vice presiding officer to act in the absence of the presiding officer.

(3) The district court council shall develop and adopt policies and procedures, subject to review by the supreme court, to administer the state funding of district courts. The policies and procedures must address but not be limited to the following issues related to district courts:

(a) workload;

(b) resource allocation among the district courts;

(c) hiring policies;

(d) court procedures;

(e) information technology;

(f) for court reporters, work schedules, transcript fees, and equipment; and

(g) other issues regarding the state funding of district courts.

(4) Each district court judge shall retain the inherent power to select and appoint the judge's own necessary assistants and employees and to direct the performance of their duties.

(5) The chief justice of the supreme court shall serve on the council during the term of election or appointment. Other members shall serve staggered 3-year terms.

(6) The court administrator shall provide sufficient support to the council to allow it to carry out its statutory duties.

(7) The council shall provide reports to the legislature and supreme court upon request.
Mont. Code Ann. § 3-15-104 — MT Code / Title 3 / Chapter 15 / Part 1 / Section 3-15-104
3-15-104 Trial jury defined
Status: in_force

3-15-104 . Trial jury defined. Except as provided in 3-20-103 , a trial jury is a body of persons returned from the citizens of a particular district before a court or officer of competent jurisdiction and sworn to try and determine, by verdict, a question of fact.
Mont. Code Ann. § 3-1-711 — MT Code / Title 3 / Chapter 1 / Part 7 / Section 3-1-711
3-1-711 Terminated
Status: in_force

3-1-711 . Terminated. Sec. 8, Ch. 241, L. 2017.
Mont. Code Ann. § 3-1-405 — MT Code / Title 3 / Chapter 1 / Part 4 / Section 3-1-405
3-1-405 Certificate of authenticity of justice's court's certificate of acknowledgment
Status: in_force

3-1-405 . Certificate of authenticity of justice's court's certificate of acknowledgment. The certificate of proof or acknowledgment made before a justice of the peace, when used in any county other than that in which the justice resides, must be accompanied by a certificate, under the hand and seal of the clerk and recorder of the county in which the justice resides, setting forth that the justice, at the time of taking the proof or acknowledgment, was authorized to take the proof or acknowledgment and that the clerk and recorder is acquainted with the justice's handwriting and believes that the signature to the original certificate is genuine.
Mont. Code Ann. § 3-15-321 — MT Code / Title 3 / Chapter 15 / Part 3 / Section 3-15-321
3-15-321 Attachment and fine for failure to attend
Status: in_force

3-15-321 . Attachment and fine for failure to attend. Any juror summoned who willfully and without reasonable excuse fails to attend may be attached and compelled to attend. The court may impose a fine not exceeding $50, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon an order to show cause, an opportunity has been offered the juror to be heard. The court may for good cause remit, modify, or cause any fine collected to be refunded.
Mont. Code Ann. § 3-1-1610 — MT Code / Title 3 / Chapter 1 / Part 16 / Section 3-1-1610
3-1-1610 Judiciary branch account created
Status: in_force

3-1-1610 . Judiciary branch account created. (1) There is an account in the state special revenue fund to be used by the supreme court for payment of accumulated vacation and sick leave for county employees who became state employees on July 1, 2002.

(2) The money paid to the state by the counties for the counties' share of accumulated sick leave and accumulated vacation leave accruals under subsection (4) of section 57, Chapter 585, Laws of 2001, must be deposited in the account established in subsection (1).

(3) Interest and earnings on the account must be deposited in the account.
Mont. Code Ann. § 3-1-905 — MT Code / Title 3 / Chapter 1 / Part 9 / Section 3-1-905
3-1-905 Appointments
Status: in_force

3-1-905 . Appointments. (1) The governor, or the chief justice of the supreme court for the office described in 3-7-221 , shall make an appointment within 30 days of the close of the public comment period from the list of applicants.

(2) For purposes of Article VII, section 8, of the Montana constitution, the governor must be construed to receive the names of the nominees at the close of the public comment period provided for in 3-1-904 .

(3) If the governor fails to appoint within 30 days of the close of the public comment period provided for in subsection (1), the chief justice shall make the appointment from the same list of applicants within 30 days of the governor's failure to appoint.
Mont. Code Ann. § 3-15-204 — MT Code / Title 3 / Chapter 15 / Part 2 / Section 3-15-204
3-15-204 Duties of clerk as to jurors
Status: in_force

3-15-204 . Duties of clerk as to jurors. (1) The clerk shall keep a record of the attendance of jurors and compute the amount due for mileage. The distance from any point to the court must be determined by the shortest traveled route.

(2) A juror must receive payment by a county warrant that lists the name of the juror, the number of days' attendance, the number of miles traveled, and the amount due.

(3) The state shall reimburse the clerk for the amount specified in the warrant as provided in 3-5-901 and 3-5-902 .

(4) The clerk of court for the county in which an asbestos-related claim is tried shall perform the functions required in subsections (1) through (3). The payment of costs incurred under this section must be made from the asbestos claims administration fund provided for in 3-20-104 .
Mont. Code Ann. § 3-12-202 — MT Code / Title 3 / Chapter 12 / Part 2 / Section 3-12-202
3-12-202 Assistance to claimants
Status: in_force

3-12-202 . Assistance to claimants. The small claims court judge shall assist any claimant in preparing an affidavit or may direct the clerk of court to provide such assistance.
Mont. Code Ann. § 3-1-1501 — MT Code / Title 3 / Chapter 1 / Part 15 / Section 3-1-1501
3-1-1501 Definitions
Status: in_force

3-1-1501 . Definitions. As used in this part, the following definitions apply:

(1) "Commission" means the commission on courts of limited jurisdiction established by the supreme court.

(2) "Judge" means:

(a) a municipal court judge;

(b) a justice of the peace; or

(c) a city judge.
Mont. Code Ann. § 3-11-206 — MT Code / Title 3 / Chapter 11 / Part 2 / Section 3-11-206
3-11-206 City to provide facilities -- conduct of court business -- electronic filing and storage of court records
Status: in_force

3-11-206 . City to provide facilities -- conduct of court business -- electronic filing and storage of court records. (1) The governing body of the city in which the judge has been elected or appointed:

(a) shall provide for the city court:

(i) the office space, courtroom, and clerical assistance necessary to enable the judge and the clerk of city court, if any, to conduct business in dignified surroundings;

(ii) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary for the proper keeping of the records and files of the court and the transaction of business; and

(iii) one copy of the latest edition of the Montana Code Annotated and all official supplements or immediate access to the code and supplements; and

(b) may provide a clerk of city court.

(2) The provisions of 3-6-302 (1) and 3-6-303 concerning conduct of municipal court business apply to the city court.

(3) The records of the court may be kept 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 paper records.
Mont. Code Ann. § 3-2-205 — MT Code / Title 3 / Chapter 2 / Part 2 / Section 3-2-205
3-2-205 Injunctions
Status: in_force

3-2-205 . Injunctions. (1) Upon such terms and under such rules as the supreme court may establish, the supreme court may continue in force an injunction order made by a district court or judge or grant an injunction order and writ pending an appeal to the supreme court from an order of a district court or judge refusing or dissolving an injunction.

(2) No action to obtain an injunction may be commenced in the supreme court except in cases where the state is a party, the public is interested, or the rights of the public are involved. The proper district court has jurisdiction of all injunctions and the commencement of all actions therefor, except as provided in this section.

(3) The supreme court may provide rules for the commencement and trial of actions for injunctions in that court.
Mont. Code Ann. § 3-10-304 — MT Code / Title 3 / Chapter 10 / Part 3 / Section 3-10-304
3-10-304 Territorial extent of civil jurisdiction
Status: in_force

3-10-304 . Territorial extent of civil jurisdiction. (1) The civil jurisdiction of a justice's court extends to the limits of the county in which it is held, and except as provided in subsection (2), intermediate and final process of a justice's court in a county may be issued to and served in any part of the county.

(2) A summons or a writ of execution of a justice's court may be served in any county of the state.
Mont. Code Ann. § 3-5-102 — MT Code / Title 3 / Chapter 5 / Part 1 / Section 3-5-102
3-5-102 Number of judges
Status: in_force

3-5-102 . Number of judges. In each judicial district, there must be the following number of judges of the district court:

(1) in the 2nd, 7th, 16th, 20th, and 21st districts, two judges each;

(2) in the 1st, 8th, and 18th districts, four judges each;

(3) in the 4th and 11th districts, five judges each;

(4) in the 13th district, 10 judges; and

(5) in all other districts, one judge each.
Mont. Code Ann. § 3-5-403 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-403
3-5-403 Terms and departments in multijudge districts -- rulemaking
Status: repealed

3-5-403 . Terms and departments in multijudge districts -- rulemaking. (1) In each judicial district that has more than one judge, as many terms or sessions of court may be held at the same time as there are judges in the district.

(2) The judges elected or appointed to hold office in each judicial district having more than one judge shall divide the court into departments, prescribe the order of business, and make rules for the government of the court. In multijudge districts of greater than five judges, the judges of the district may make rules implementing specialized dockets among the departments. Each department must be numbered, and each judge must be assigned to one of the numbered departments.

(3) The judges shall apportion the business of the court among themselves as equally as possible. In case of their failure for any cause to make the apportionment or to assign each judge to a numbered department, the supreme court, upon application of any interested person, shall make an order apportioning the business and assigning each judge to a numbered department and cause the order to be entered upon the minute book of the district court in each county in the district. The order remains in full force and effect until modified or repealed by the authority making it. The failure or refusal of any district judge to carry out the terms of the order constitutes a contempt of the supreme court.
Mont. Code Ann. § 3-1-404 — MT Code / Title 3 / Chapter 1 / Part 4 / Section 3-1-404
3-1-404 Taking acknowledgments and affidavits
Status: in_force

3-1-404 . Taking acknowledgments and affidavits. Each of the justices of the supreme court and judges of the district courts may in any part of the state and each justice of the peace may within the justice's county take and certify:

(1) the proof and acknowledgment of a conveyance of real property or of any other written instrument;

(2) the acknowledgment of satisfaction of a judgment of any court;

(3) an affidavit or deposition to be used in this state.
Mont. Code Ann. § 3-10-512 — MT Code / Title 3 / Chapter 10 / Part 5 / Section 3-10-512
3-10-512 Proceedings when office becomes vacant
Status: in_force

3-10-512 . Proceedings when office becomes vacant. If the office of a justice becomes vacant because of death or removal from the county or for any other cause before a successor is appointed, the docket and papers or electronically filed or stored documents that were in the justice's possession must be deposited in the office of some other justice in the county, who shall deliver them to the successor of the former justice. If there is no other justice in the county, the docket and papers or electronically filed or stored documents must be deposited in the office of the county clerk, who shall deliver them to the successor in office of the former justice.
Mont. Code Ann. § 3-5-603 — MT Code / Title 3 / Chapter 5 / Part 6 / Section 3-5-603
3-5-603 Duties
Status: in_force

3-5-603 . Duties. Each reporter must, under the direction of the judge, attend all sittings of the court and take full stenographic notes of the testimony and of all proceedings given or had thereat except when the judge dispenses with the reporter's services in a particular cause or with respect to a portion of the proceedings therein. The reporter must file with the clerk forthwith the original stenographic notes taken upon a trial or hearing required to be taken by this subsection. The county in which the proceedings are held shall provide a safe and secure place for the clerk to store all official notes of the proceedings. The official notes must be kept for a period of 10 years.
Mont. Code Ann. § 3-5-405 — MT Code / Title 3 / Chapter 5 / Part 4 / Section 3-5-405
3-5-405 Change of place of holding court in emergency
Status: in_force

3-5-405 . Change of place of holding court in emergency. (1) The judge of the district court authorized to hold or preside at a court appointed to be held at a particular place may, by an order filed with the clerk of the district court and published as the judge may prescribe, direct that the court be held or continued at any place in the county other than that appointed when war, insurrection, pestilence, or other public calamity, the danger of such a calamity, or the destruction or danger of the public building appointed for the holding the court may render it necessary.

(2) The district court judge may, in the same manner, revoke the order and may appoint another place in the same county for holding the court.