reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 2. Administration of Act › 27-6-203. Compensation of panel and staff

27-6-203. Compensation of panel and staff.
(1) All members of the panel must be paid a salary in the amount of $40 an hour, under guidelines promulgated by the Montana supreme court.
(2) All members of the panel, the director, and the director's staff are entitled to travel expenses incurred while on the business of the panel, as provided in 2-18-501 through 2-18-503, but the expenses must be approved by the director before payment is made.
History: En. 17-1305 by Sec. 5, Ch. 449, L. 1977; R.C.M. 1947, 17-1305(1), (2); amd. Sec. 609, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 2. Administration of Act › 27-6-204. Authority to adopt rules

27-6-204. Authority to adopt rules.
The director, in consultation with the state bar of Montana and subject to approval of the supreme court, is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the medical review panel. No rules may be adopted, however, which require a party to make a monetary payment as a condition to bringing a malpractice claim before the medical review panel.
History: En. 17-1313 by Sec. 13, Ch. 449, L. 1977; R.C.M. 1947, 17-1313.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 2. Administration of Act › 27-6-205. Powers of panel

27-6-205. Powers of panel.
The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required by this chapter, the issuance of subpoenas in connection with the administration of this chapter, and the performance of all other acts required to fairly and effectively administer this chapter.
History: En. 17-1305 by Sec. 5, Ch. 449, L. 1977; R.C.M. 1947, 17-1305(3).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 2. Administration of Act › 27-6-207. Panel audits

27-6-207. Panel audits.
(1) The panel may be audited by or at the direction of the legislative auditor in accordance with the powers and duties set forth in 5-13-304 and 5-13-309. Any audit that is conducted by the legislative auditor under 5-13-411 must include a determination of the adequacy, sufficiency, and reasonableness of the annual surcharge or assessment provided for in 27-6-206.
(2) A copy of each audit report of the panel must be furnished to the supreme court.
(3) The cost of any audit of the panel performed pursuant to this section must be paid by the panel.
History: En. Sec. 1, Ch. 96, L. 1987; amd. Sec. 1, Ch. 264, L. 2019.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-301. How cases submitted

27-6-301. How cases submitted.
Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court or other court sitting in Montana by addressing an application, in writing, signed by the claimant or the claimant's attorney, to the director of the panel.
History: En. 17-1304 by Sec. 4, Ch. 449, L. 1977; R.C.M. 1947, 17-1304(3); amd. Sec. 3, Ch. 332, L. 1985; amd. Sec. 610, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-302. Contents of application -- waiver of confidentiality of medical and dental records

27-6-302. Contents of application -- waiver of confidentiality of medical and dental records.
The application must contain the following:
(1) a statement in reasonable detail of the elements of the health care provider's conduct that are believed to constitute a malpractice claim, the dates on which the conduct occurred, and the names and addresses of all physicians, dentists, podiatrists, and hospitals having contact with the claimant and all witnesses;
(2) a statement authorizing the panel to obtain access to all medical, dental, podiatric, and hospital records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. The statement may not in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.
History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(part); amd. Sec. 3, Ch. 195, L. 1987; amd. Sec. 3, Ch. 133, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-303. Amendments to application

27-6-303. Amendments to application.
Amendments to the application may be authorized by rule.
History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(part); amd. Sec. 4, Ch. 332, L. 1985.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-304. Copies of application to professional societies when vicarious liability claimed

27-6-304. Copies of application to professional societies when vicarious liability claimed.
In instances where applications are received employing a theory of respondeat superior or some other derivative theory of recovery, the director shall forward the application to the state professional societies, associations, or licensing boards of both the individual health care provider whose alleged malpractice caused the application to be filed and the health care provider named a respondent as employer, master, or principal.
History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(3).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-305. Service on health care provider

27-6-305. Service on health care provider.
Upon receipt of an application for review, the director or the director's delegate shall cause to be served a true copy of the application on the health care providers involved. Service must be effected by mailing a certified copy of the application to the health care provider at the provider's last-known address, postage prepaid, by certified mail, return receipt requested.
History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(part); amd. Sec. 5, Ch. 376, L. 1983; amd. Sec. 611, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-306. Health care provider's appearance and answer -- waiver of confidentiality of records

27-6-306. Health care provider's appearance and answer -- waiver of confidentiality of records.
(1) If a health care provider involved chooses to retain legal counsel, the health care provider's attorney shall informally enter the health care provider's appearance with the director.
(2) The health care provider shall answer the application for review and shall submit a statement authorizing the panel to inspect all medical, dental, podiatric, and hospital records and information pertaining to the application and, for the purposes of inspection only, waiving any privilege as to the contents of those records. The statement does not waive that privilege for any other purpose.
History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(part); amd. Sec. 4, Ch. 195, L. 1987; amd. Sec. 4, Ch. 133, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-307. Assistance to claimant in obtaining expert consultation

27-6-307. Assistance to claimant in obtaining expert consultation.
The panel director shall cooperate fully with the claimant in retaining, to consult with the claimant, upon payment of a reasonable fee by the claimant, in claims involving:
(1) a physician, a physician qualified in the field of medicine involved; or
(2) a dentist, a dentist qualified in the field of dentistry involved.
History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(4); amd. Sec. 5, Ch. 195, L. 1987.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 3. Preliminary Procedure › 27-6-308. Director to furnish panel members with documents

27-6-308. Director to furnish panel members with documents.
At least 10 days prior to the hearing, the director shall furnish to each panel member copies of all claims, briefs, medical, podiatric, or dental records, and other documents that the director considers necessary.
History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(8); amd. Sec. 6, Ch. 195, L. 1987; amd. Sec. 5, Ch. 133, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 4. Formation and Composition of Panel › 27-6-401. Composition of panel

27-6-401. Composition of panel.
(1) Those eligible to sit on the panel are health care providers licensed pursuant to Montana law and residing in Montana and the members of the state bar of Montana. Six panel members shall sit in review of each case. Three panel members who are physicians and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more physicians. Three panel members who are dentists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more dentists. Three panel members who are podiatrists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more podiatrists. If the claim is heard only against one or more health care facilities, two of the panel members must be administrators of the same type of health care facility or facilities, one panel member must be a physician, and three panel members must be attorneys.
(2) In all other cases, two of the panel members must be physicians, one panel member must be an administrator of the same type of health care facility, and three panel members must be attorneys, except that when a claim is heard against a dentist, a dentist must be substituted for one of the physicians on the panel and when a claim is heard against a podiatrist, a podiatrist must be substituted for one of the physicians on the panel.
History: Ap. p. 17-1304 by Sec. 4, Ch. 449, L. 1977; Sec. 17-1304, R.C.M. 1947; Ap. p. 17-1309 by Sec. 9, Ch. 449, L. 1977; Sec. 17-1309, R.C.M. 1947; R.C.M. 1947, 17-1304(2), 17-1309(4), (5); amd. Sec. 5, Ch. 332, L. 1985; amd. Sec. 7, Ch. 195, L. 1987; amd. Sec. 6, Ch. 133, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 4. Formation and Composition of Panel › 27-6-402. Selection of panelists

27-6-402. Selection of panelists.
(1) Application for review shall be promptly transmitted by the director to the directors of the health care provider's state professional society or association and the state bar, which shall, within 14 days from the date of transmittal of the application, each select 12 proposed panelists from which 3 will be selected.
(2) If no state professional society or association exists or if the health care provider does not belong to such a society or association, the director shall transmit the application to the health care provider's state licensing board, which shall in turn select 12 persons from the health care provider's profession and, where applicable, from persons specializing in the same field or discipline as the health care provider.
History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(1), (2); amd. Sec. 27, Ch. 12, L. 1979; amd. Sec. 6, Ch. 376, L. 1983.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 4. Formation and Composition of Panel › 27-6-403. Panel in cases involving multiple defendants

27-6-403. Panel in cases involving multiple defendants.
Whenever there are multiple defendants, the case against each health care provider may be reviewed by a separate panel or, at the discretion of the panel initially appointed or by stipulation of the parties, a single combined panel may review all the claims against all parties defendant.
History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(3).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 4. Formation and Composition of Panel › 27-6-404. Disqualification of panel member

27-6-404. Disqualification of panel member.
(1) A member must be disqualified from consideration of a case in which, by virtue of the member's circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving.
(2) Whenever a party makes and files an affidavit that a panel member selected pursuant to this part cannot, according to the belief of the party making the affidavit, sit in review of the application with impartiality, that panel member may proceed no further. Another panel member must be selected by the health care provider's professional association or state licensing board or the state bar, as appropriate. A party may not disqualify more than three panel members in this manner in any single malpractice claim, and the affidavit must be filed within 15 days of the transmittal by the director, under 27-6-402, of the names of the panel members selected.
History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(6), (7); amd. Sec. 7, Ch. 376, L. 1983; amd. Sec. 612, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 5. Hearing Procedure › 27-6-501. Time and place of hearing

27-6-501. Time and place of hearing.
(1) A date, time, and place for hearing shall be fixed by the director subject to subsection (2), and prompt notice thereof shall be given to the parties involved, the attorneys, and the members of the panel. In no instance may the date set be more than 120 days after the transmittal by the director of the application for review unless the panel finds good cause exists for extending the period.
(2) Panel hearings may be held in any county the panel considers necessary or advisable. The county commissioners or other governing authority shall provide, upon request of the director of the panel, suitable facilities for any such hearing.
History: (1)En. 17-1310 by Sec. 10, Ch. 449, L. 1977; Sec. 17-1310, R.C.M. 1947; (2)En. 17-1305 by Sec. 5, Ch. 449, L. 1977; Sec. 17-1305, R.C.M. 1947; R.C.M. 1947, 17-1305(6), 17-1310.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 5. Hearing Procedure › 27-6-502. Conduct of hearing

27-6-502. Conduct of hearing.
(1) At the time set for hearing, the claimant submitting the case for review must be present and shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The health care provider against whom the claim is brought and the health care provider's attorney may be present and may make an introductory statement of the health care provider's case.
(2) Both parties may call witnesses to testify before the panel, and the witnesses must be sworn. Medical texts, journals, studies, and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of facts by treating health care providers may be reviewed.
(3) The hearing must be informal, and an official transcript may not be made.
History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(1) thru (3); amd. Sec. 613, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 5. Hearing Procedure › 27-6-503. Conclusion of hearing -- supplemental hearing

27-6-503. Conclusion of hearing -- supplemental hearing.
(1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing, which must be set for a date and time certain, not longer than 30 days from the date of the original hearing unless the claimant or the claimant's attorney consents in writing to a longer period.
(2) Any supplemental hearing must be held in the same manner as the original hearing, and the parties concerned and their attorneys may be present.
History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(4), (5); amd. Sec. 28, Ch. 12, L. 1979; amd. Sec. 614, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-601. Selection of presiding officer

27-6-601. Selection of presiding officer.
At or prior to the time set for the hearing, the attorney members of the panel shall select a presiding officer who must be an attorney and who shall preside over the panel deliberations.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part); amd. Sec. 615, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-602. Questions panel must decide

27-6-602. Questions panel must decide.
Upon consideration of all the relevant material, the panel shall decide whether there is:
(1) substantial evidence that the acts complained of occurred and that they constitute malpractice; and
(2) a reasonable medical probability that the patient was injured thereby.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-603. Deliberations to be secret -- voting

27-6-603. Deliberations to be secret -- voting.
The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of those voting members of the panel who sat on the entire case.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-604. Form and content of decision

27-6-604. Form and content of decision.
The decision must in every case be signed for the panel by the presiding officer, must contain only the conclusions reached by a majority of its members, and must list the number of members, if any, dissenting from the opinion. Upon request of any party, the majority shall briefly explain the reasoning and basis for the decision and the dissenters shall explain the reasoning and basis for disagreement. Each party must be informed by the panel of the right to nonbinding mediation under 27-6-606.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(3); amd. Sec. 1, Ch. 59, L. 1995; amd. Sec. 616, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board

27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board.
The decision shall be communicated in writing to the parties and attorneys concerned, and a copy thereof shall be retained in the permanent files of the panel. A copy of the decision shall be sent to the health care provider's professional licensing board.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part); amd. Sec. 29, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-6-606. Decision not binding -- settlement agreements -- nonbinding mediation

27-6-606. Decision not binding -- settlement agreements -- nonbinding mediation.
(1) The panel's decision is without administrative or judicial authority and is not binding upon any party.
(2) The panel may recommend an award, approve settlement agreements, and discuss the settlement agreements, all in a manner consistent with this part. All approved settlement agreements are binding on the parties.
(3) If the panel decides both questions required by 27-6-602 in the affirmative, the court in which the complaint is filed shall, at the request of a party, require the parties to participate in court-supervised, nonbinding mediation prior to proceeding.
History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(6); amd. Sec. 2, Ch. 59, L. 1995.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-6-701. No court action before application to and decision by panel

27-6-701. No court action before application to and decision by panel.
No malpractice claim may be filed in any court against a health care provider before an application is made to the panel and its decision is rendered.
History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(1).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-6-702. Tolling of statute of limitations

27-6-702. Tolling of statute of limitations.
The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in the application as necessary or proper parties for any court action that might subsequently arise out of the same factual circumstances set forth in the application. The running of the applicable limitation period does not begin again until 30 days after either an order of dismissal, with or without prejudice against refiling, is issued from the panel presiding officer, or from the director upon the consent of the parties to the claim, or after the panel's final decision, whichever occurs first, is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney if represented by counsel, by certified mail.
History: En. 17-1314 by Sec. 14, Ch. 449, L. 1977; R.C.M. 1947, 17-1314; amd. Sec. 6, Ch. 332, L. 1985; amd. Sec. 2, Ch. 16, L. 1995; amd. Sec. 617, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-6-703. Records of proceedings -- confidentiality

27-6-703. Records of proceedings -- confidentiality.
The director shall maintain records of all proceedings before the panel, which must include the nature of the act or omissions complained of, a brief summary of the evidence expressed, the decision of the panel, and any majority or dissenting opinions filed. Any records which may identify any party to the proceedings may not be made public and are not subject to subpoena but are to be used solely for the purpose of compiling statistical data and facilitating ongoing studies of medical malpractice in Montana.
History: En. 17-1315 by Sec. 15, Ch. 449, L. 1977; R.C.M. 1947, 17-1315.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 6. Montana Medical Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-6-704. Panel proceedings and decision privileged from disclosure in court actions

27-6-704. Panel proceedings and decision privileged from disclosure in court actions.
(1) A panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.
(2) The decision and the reasoning and basis for the decision of the panel are not admissible as evidence in an action subsequently brought in a court of law and are not evidence for any purpose in an action brought under 33-18-201, 33-18-242, or common law.
History: En. 17-1311, 17-1312 by Secs. 11, 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(6), (7), 17-1312(part); amd. Sec. 30, Ch. 12, L. 1979; amd. Sec. 8, Ch. 376, L. 1983; amd. Sec. 3, Ch. 59, L. 1995; amd. Sec. 1, Ch. 253, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 7. Submission of Controversy Without Action › Part 1. General Provisions › 27-7-101. When and in what court controversy may be submitted

27-7-101. When and in what court controversy may be submitted.
Parties to a question in difference which might be subject to a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the same to any court which would have jurisdiction if an action had been brought, but it must appear by affidavit that the controversy is real and the proceedings in good faith to determine the rights of the parties.
History: En. Sec. 299, p. 106, Bannack Stat.; re-en. Sec. 355, p. 207, L. 1867; re-en. Sec. 429, p. 121, Cod. Stat. 1871; re-en. Sec. 455, p. 162, L. 1877; re-en. Sec. 455, 1st Div. Rev. Stat. 1879; re-en. Sec. 468, 1st Div. Comp. Stat. 1887; re-en. Sec. 2050, C. Civ. Proc. 1895; re-en. Sec. 7254, Rev. C. 1907; re-en. Sec. 9872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1138; re-en. Sec. 9872, R.C.M. 1935; R.C.M. 1947, 93-9501(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 7. Submission of Controversy Without Action › Part 1. General Provisions › 27-7-102. Action by court

27-7-102. Action by court.
The court must thereupon hear and determine the case and render judgment thereon as if an action were depending.
History: En. Sec. 299, p. 106, Bannack Stat.; re-en. Sec. 355, p. 207, L. 1867; re-en. Sec. 429, p. 121, Cod. Stat. 1871; re-en. Sec. 455, p. 162, L. 1877; re-en. Sec. 455, 1st Div. Rev. Stat. 1879; re-en. Sec. 468, 1st Div. Comp. Stat. 1887; re-en. Sec. 2050, C. Civ. Proc. 1895; re-en. Sec. 7254, Rev. c. 1907; re-en. Sec. 9872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1138; re-en. Sec. 9872, R.C.M. 1935; R.C.M. 1947, 93-9501(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 7. Submission of Controversy Without Action › Part 1. General Provisions › 27-7-103. Entry of judgment -- costs

27-7-103. Entry of judgment -- costs.
Judgment must be entered in the judgment book as in other cases but without costs for any proceeding prior to the trial.
History: En. Sec. 300, p. 106, Bannack Stat.; re-en. Sec. 356, p. 207, L. 1867; re-en. Sec. 430, p. 121, Cod. Stat. 1871; re-en. Sec. 456, p. 163, L. 1877; re-en. Sec. 456, 1st Div. Rev. Stat. 1879; re-en. Sec. 469, 1st Div. Comp. Stat. 1887; re-en. Sec. 2051, C. Civ. Proc. 1895; re-en. Sec. 7255, Rev. C. 1907; re-en. Sec. 9873, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1139; re-en. Sec. 9873, R.C.M. 1935; R.C.M. 1947, 93-9502; amd. Sec. 31, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 7. Submission of Controversy Without Action › Part 1. General Provisions › 27-7-104. Enforcement of judgment -- appeal

27-7-104. Enforcement of judgment -- appeal.
The judgment may be enforced in the same manner as if it had been rendered in an action and is in the same manner subject to appeal.
History: En. Sec. 301, p. 106, Bannack Stat.; re-en. Sec. 357, p. 207, L. 1867; re-en. Sec. 431, p. 121, Cod. Stat. 1871; re-en. Sec. 457, p. 163, L. 1877; re-en. Sec. 457, 1st Div. Rev. Stat. 1879; re-en. Sec. 470, 1st Div. Comp. Stat. 1887; re-en. Sec. 2052, C. Civ. Proc. 1895; re-en. Sec. 7256, Rev. C. 1907; re-en. Sec. 9874, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1140; re-en. Sec. 9874, R.C.M. 1935; R.C.M. 1947, 93-9503.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 1. General Provisions › 27-8-101. Short title

27-8-101. Short title.
This chapter may be cited as the "Uniform Declaratory Judgments Act".
History: En. Sec. 16, Ch. 16, L. 1935; re-en. Sec. 9835.16, R.C.M. 1935; R.C.M. 1947, 93-8916.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 1. General Provisions › 27-8-102. Purpose -- liberal construction

27-8-102. Purpose -- liberal construction.
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.
History: En. Sec. 12, Ch. 16, L. 1935; re-en. Sec. 9835.12, R.C.M. 1935; R.C.M. 1947, 93-8912.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 1. General Provisions › 27-8-103. Uniformity of interpretation

27-8-103. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
History: En. Sec. 15, Ch. 16, L. 1935; re-en. Sec. 9835.15, R.C.M. 1935; R.C.M. 1947, 93-8915.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 1. General Provisions › 27-8-104. Definition of person

27-8-104. Definition of person.
The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, joint-stock company, unincorporated association, or society or municipal or other corporation of any character whatsoever.
History: En. Sec. 13, Ch. 16, L. 1935; re-en. Sec. 9835.13, R.C.M. 1935; R.C.M. 1947, 93-8913.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-201. Scope of power to render declaratory judgments

27-8-201. Scope of power to render declaratory judgments.
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
History: En. Sec. 1, Ch. 16, L. 1935; re-en. Sec. 9835.1, R.C.M. 1935; R.C.M. 1947, 93-8901.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-202. Who may obtain declaratory judgment

27-8-202. Who may obtain declaratory judgment.
Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
History: En. Sec. 2, Ch. 16, L. 1935; re-en. Sec. 9835.2, R.C.M. 1935; R.C.M. 1947, 93-8902.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-203. When contract may be construed

27-8-203. When contract may be construed.
A contract may be construed either before or after there has been a breach thereof.
History: En. Sec. 3, Ch. 16, L. 1935; re-en. Sec. 9835.3, R.C.M. 1935; R.C.M. 1947, 93-8903.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-204. Declarations concerning administration of trusts and estates

27-8-204. Declarations concerning administration of trusts and estates.
A person interested as or through an executor, administrator, trustee, guardian, other fiduciary, creditor, devisee, heir, or cestui que trust in the administration of a trust or of the estate of a decedent, minor, person committed pursuant to 53-21-127, or insolvent person may have a declaration of rights or legal relations:
(1) to ascertain any class of creditors, devisees, heirs, or others;
(2) to direct the executors, administrators, or trustees to do or abstain from doing a particular act in their fiduciary capacity; or
(3) to determine a question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
History: En. Sec. 4, Ch. 16, L. 1935; re-en. Sec. 9835.4, R.C.M. 1935; R.C.M. 1947, 93-8904; amd. Sec. 32, Ch. 12, L. 1979; amd. Sec. 5, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-205. Enumeration not restrictive of general powers

27-8-205. Enumeration not restrictive of general powers.
The enumeration in 27-8-202 through 27-8-204 does not limit or restrict the exercise of the general powers conferred in 27-8-201 in any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.
History: En. Sec. 5, Ch. 16, L. 1935; re-en. Sec. 9835.5, R.C.M. 1935; R.C.M. 1947, 93-8905.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 2. Availability of Declaratory Judgments › 27-8-206. Court's discretion to refuse to render judgment

27-8-206. Court's discretion to refuse to render judgment.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History: En. Sec. 6, Ch. 16, L. 1935; re-en. Sec. 9835.6, R.C.M. 1935; R.C.M. 1947, 93-8906.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 3. Procedure › 27-8-301. Necessary parties

27-8-301. Necessary parties.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
History: En. Sec. 11, Ch. 16, L. 1935; re-en. Sec. 9835.11, R.C.M. 1935; R.C.M. 1947, 93-8911.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 3. Procedure › 27-8-302. Jury trial

27-8-302. Jury trial.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
History: En. Sec. 9, Ch. 16, L. 1935; re-en. Sec. 9835.9, R.C.M. 1935; R.C.M. 1947, 93-8909.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 3. Procedure › 27-8-311. Costs

27-8-311. Costs.
In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.
History: En. Sec. 10, Ch. 16, L. 1935; re-en. Sec. 9835.10, R.C.M. 1935; R.C.M. 1947, 93-8910.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 3. Procedure › 27-8-312. Review of orders and judgments

27-8-312. Review of orders and judgments.
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
History: En. Sec. 7, Ch. 16, L. 1935; re-en. Sec. 9835.7, R.C.M. 1935; R.C.M. 1947, 93-8907.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 8. Uniform Declaratory Judgments Act › Part 3. Procedure › 27-8-313. Supplemental relief

27-8-313. Supplemental relief.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a declaratory judgment or decree to show cause why further relief should not be granted forthwith.
History: En. Sec. 8, Ch. 16, L. 1935; re-en. Sec. 9835.8, R.C.M. 1935; R.C.M. 1947, 93-8908.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 9. Confession of Judgment › Part 1. General Provisions › 27-9-101. When and in what courts judgment may be confessed

27-9-101. When and in what courts judgment may be confessed.
Subject to 28-2-709, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. Judgment upon confession may be entered up in any justice's court specified in the confession, as provided in this chapter.
History: Ap. p. Sec. 297, p. 105, Bannack Stat.; re-en. Sec. 352, p. 206, L. 1867; re-en. Sec. 426, p. 120, Cod. Stat. 1871; amd. Sec. 452, p. 162, L. 1877; re-en. Sec. 452, 1st Div. Rev. Stat. 1879; re-en. Sec. 465, 1st Div. Comp. Stat. 1887; re-en. Sec. 2040, C. Civ. Proc. 1895; re-en. Sec. 7250, Rev. C. 1907; re-en. Sec. 9868, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1132; re-en. Sec. 9868, R.C.M. 1935; Sec. 93-9401, R.C.M. 1947; Ap. p. Sec. 1620, C. Civ. Proc. 1895; re-en. Sec. 7046, Rev. C. 1907; re-en. Sec. 9679, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 889; re-en. Sec. 9679, R.C.M. 1935; Sec. 93-7301, R.C.M. 1935; R.C.M. 1947, 93-7301, 93-9401; amd. Sec. 33, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 9. Confession of Judgment › Part 1. General Provisions › 27-9-102. Requirement of signed, verified statement by defendant

27-9-102. Requirement of signed, verified statement by defendant.
A statement in writing must be made, signed by the defendant, and verified by the defendant's oath to the following effect:
(1) It must authorize the entry of judgment for a specified sum.
(2) If it is for money due or to become due, it must state concisely the facts out of which it arose and show that the sum confessed is justly due or to become due.
(3) If it is for the purpose of securing the plaintiff against contingent liability, it must state concisely the facts constituting the liability and show that the sum confessed does not exceed the contingent liability.
History: En. Sec. 298, p. 105, Bannack Stat.; amd. Sec. 353, p. 206, L. 1867; re-en. Sec. 427, p. 120, Cod. Stat. 1871; re-en. Sec. 453, p. 162, L. 1877; re-en. Sec. 453, 1st Div. Rev. Stat. 1879; re-en. Sec. 466, 1st Div. Comp. Stat. 1887; re-en. Sec. 2041, C. Civ. Proc. 1895; re-en. Sec. 7251, Rev. C. 1907; re-en. Sec. 9869, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1133; re-en. Sec. 9869, R.C.M. 1935; R.C.M. 1947, 93-9402; amd. Sec. 618, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 9. Confession of Judgment › Part 1. General Provisions › 27-9-103. Filing and costs -- district court

27-9-103. Filing and costs -- district court.
The statement must be filed with the clerk of court in which the judgment is to be entered, who shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $45 costs. The clerk of district court shall forward the costs to the department of revenue for deposit in the state general fund.
History: En. Sec. 354, p. 206, L. 1867; re-en. Sec. 428, p. 120, Cod. Stat. 1871; re-en. Sec. 454, p. 162, L. 1877; re-en. Sec. 454, 1st Div. Rev. Stat. 1879; re-en. Sec. 467, 1st Div. Comp. Stat. 1887; amd. Sec. 2042, C. Civ. Proc. 1895; re-en. Sec. 7252, Rev. C. 1907; re-en. Sec. 9870, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1134; re-en. Sec. 9870, R.C.M. 1935; R.C.M. 1947, 93-9403; amd. Sec. 34, Ch. 12, L. 1979; amd. Sec. 2, Ch. 221, L. 1989; amd. Sec. 1, Ch. 153, L. 1995; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 31, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 9. Confession of Judgment › Part 1. General Provisions › 27-9-104. Filing and costs -- justice's court

27-9-104. Filing and costs -- justice's court.
In a justice's court that has authority to enter the judgment, the statement may be filed with the justice, who shall enter in the docket a judgment of the justice's court for the amount confessed, with costs. If a transcript of the judgment is filed with the clerk of the district court, a copy of the statement must be filed with it.
History: En. Sec. 2043, C. Civ. Proc. 1895; re-en. Sec. 7253, Rev. C. 1907; re-en. Sec. 9871, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1135; re-en. Sec. 9871, R.C.M. 1935; R.C.M. 1947, 93-9404; amd. Sec. 35, Ch. 12, L. 1979; amd. Sec. 619, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-101. Short title

27-12-101. Short title.
This chapter may be cited as the "Montana Chiropractic Legal Panel Act".
History: En. Sec. 1, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-102. Purpose

27-12-102. Purpose.
The purpose of this chapter is to:
(1) prevent, whenever possible, filed court actions against chiropractic physicians and their employees for professional liability in situations in which the facts do not permit at least a reasonable inference of malpractice; and
(2) make possible the fair and equitable disposition of such claims against chiropractic physicians as are or reasonably may be well founded.
History: En. Sec. 2, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-103. Definitions

27-12-103. Definitions.
As used in this chapter, the following definitions apply:
(1) "Chiropractic physician" means:
(a) for purposes of the annual assessment under 27-12-206, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the assessment:
(i) has the individual's principal residence or place of chiropractic practice in the state of Montana;
(ii) is not employed full time by any federal agency or entity; and
(iii) is not fully retired from the practice of chiropractic; or
(b) for all other purposes, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the occurrence of the incident giving rise to a malpractice claim:
(i) had the individual's principal residence or place of chiropractic practice in the state of Montana and was not employed full time by any federal agency or entity; or
(ii) was a professional service corporation, partnership, or other business entity organized under the laws of a state to render chiropractic services and each of whose shareholders, partners, or owners were chiropractic physicians licensed to practice chiropractic under Title 37, chapter 12.
(2) "Director" means the director of the Montana chiropractic legal panel.
(3) "Malpractice claim" means any claim or potential claim against a chiropractic physician for chiropractic treatment, lack of chiropractic treatment, or alleged departure from accepted standards of chiropractic health care that proximately results in damage to the claimant and includes but is not limited to a tort or contract claim or potential claim.
(4) "Panel" means the Montana chiropractic legal panel created in 27-12-104.
History: En. Sec. 3, Ch. 262, L. 1989; amd. Sec. 620, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-104. Creation of panel

27-12-104. Creation of panel.
There is a Montana chiropractic legal panel. The panel is a quasi-governmental entity and is allocated to the Montana supreme court for administrative purposes only, except that 2-15-121(2) does not apply. The only state laws applicable to the panel are those contained in this chapter and those laws specifically made applicable to the panel.
History: En. Sec. 4, Ch. 262, L. 1989; amd. Sec. 1, Ch. 175, L. 2003; amd. Sec. 1, Ch. 199, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-105. What claims panel to review

27-12-105. What claims panel to review.
The panel shall review all malpractice claims or potential claims against chiropractic physicians covered by this chapter, except claims subject to a valid arbitration agreement allowed by law.
History: En. Sec. 5, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 1. General Provisions › 27-12-106. Immunity of panel members and witnesses from civil liability

27-12-106. Immunity of panel members and witnesses from civil liability.
Panelists and witnesses are absolutely immune from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of the duties prescribed by this chapter.
History: En. Sec. 6, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-201. Appointment, term, and salary of director

27-12-201. Appointment, term, and salary of director.
The executive director of the Montana chiropractic association shall appoint the director of the panel, subject to the approval of the chief justice of the Montana supreme court. The director shall serve at the pleasure of and the director's salary must be set by the executive director of the Montana chiropractic association, subject to the approval of the chief justice.
History: En. Sec. 7, Ch. 262, L. 1989.