reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-101. Terminated

2-89-101. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 1, Ch. 664, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-102. Terminated

2-89-102. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 2, Ch. 664, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-105. Terminated

2-89-105. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 5, Ch. 664, L. 1985; amd. Sec. 3, Ch. 383, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-106. Terminated

2-89-106. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 6, Ch. 664, L. 1985; amd. Sec. 4, Ch. 383, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-107. Terminated

2-89-107. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 4, Ch. 664, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-108. Terminated

2-89-108. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 2, Ch. 383, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 1. Statehood Centennial Office and Commission (Terminated) › 2-89-109. Terminated

2-89-109. Terminated.
Sec. 8, Ch. 664, L. 1985.
History: En. Sec. 1, Ch. 383, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-201. Repealed

2-89-201. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 1, Ch. 489, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-202. Repealed

2-89-202. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 2, Ch. 489, L. 1985; amd. Sec. 2, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-205. Repealed

2-89-205. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 3, Ch. 489, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-206. Repealed

2-89-206. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 4, Ch. 489, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-207. Repealed

2-89-207. Repealed.
Sec. 85, Ch. 10, L. 1993.
History: En. Sec. 5, Ch. 489, L. 1985; amd. Sec. 3, Ch. 602, L. 1987.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-208. Repealed

2-89-208. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 6, Ch. 489, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 2. Centennial Acre (Repealed) › 2-89-209. Repealed

2-89-209. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 7, Ch. 489, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 3. Centennial Plates (Terminated) › 2-89-301. Terminated

2-89-301. Terminated.
Sec. 4, Ch. 654, L. 1989.
History: En. Sec. 1, Ch. 674, L. 1985; amd. Sec. 3, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 3. Centennial Plates (Terminated) › 2-89-302. Terminated

2-89-302. Terminated.
Sec. 4, Ch. 654, L. 1989.
History: En. Sec. 2, Ch. 674, L. 1985; amd. Sec. 1, Ch. 108, L. 1987; amd. Sec. 5, Ch. 383, L. 1989; amd. Sec. 3, Ch. 654, L. 1989; amd. Sec. 4, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 89. Montana Statehood Centennial (Repealed and Terminated) › Part 3. Centennial Plates (Terminated) › 2-89-303. Terminated

2-89-303. Terminated.
Sec. 4, Ch. 654, L. 1989.
History: En. Sec. 3, Ch. 674, L. 1985; amd. Sec. 6, Ch. 383, L. 1989.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-101. The several courts of this state

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.
History: En. Secs. 2, 6, C. Civ. Proc. 1895; re-en. Secs. 6238, 6240, Rev. C. 1907; re-en. Secs. 8784, 8786, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 33, 36; re-en. Secs. 8784, 8786, R.C.M. 1935; R.C.M. 1947, 93-101, 93-103(part); amd. Sec. 1, Ch. 21, L. 1979; amd. Sec. 5, Ch. 466, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-102. Courts of record

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.
History: En. Sec. 3, C. Civ. Proc. 1895; re-en. Sec. 6239, Rev. C. 1907; re-en. Sec. 8785, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 34; re-en. Sec. 8785, R.C.M. 1935; amd. Sec. 11, Ch. 429, L. 1977; R.C.M. 1947, 93-102; amd. Sec. 1, Ch. 557, L. 2005; amd. Sec. 1, Ch. 428, L. 2007; amd. Sec. 1, Ch. 38, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-111. Powers respecting conduct of business

3-1-111. Powers respecting conduct of business.
Every court has power to:
(1) preserve and enforce order in its immediate presence;
(2) enforce order in the proceedings before it or before a person or persons empowered to conduct a judicial investigation under its authority;
(3) provide for the orderly conduct of proceedings before it or its officers;
(4) compel obedience to its judgments, orders, and process and to the orders of a judge out of court in an action or proceeding pending therein;
(5) control, in furtherance of justice, the conduct of its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every other matter appertaining thereto;
(6) compel the attendance of persons to testify in an action or proceeding pending therein in the cases and manner provided in this code;
(7) administer oaths in an action or proceeding pending therein and in all other cases where it may be necessary in the exercise of its powers and duties;
(8) amend and control its process and orders so as to make them conformable to law and justice.
History: En. Sec. 452, p. 134, Bannack Stat.; re-en. Sec. 609, p. 159, Cod. Stat. 1871; re-en. Sec. 529, p. 178, L. 1877; re-en. Sec. 529, 1st Div. Rev. Stat. 1879; re-en. Sec. 546, 1st Div. Comp. Stat. 1887; amd. Sec. 110, C. Civ. Proc. 1895; re-en. Sec. 6292, Rev. C. 1907; re-en. Sec. 8844, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 128; re-en. Sec. 8844, R.C.M. 1935; R.C.M. 1947, 93-501.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-112. Rules for courts of record

3-1-112. Rules for courts of record.
(1) Every court of record may make rules, not inconsistent with the laws of this state, for its own government and the government of its officers. Such rules must not impose any tax or charge upon any legal proceedings or give any allowance to any officers for services.
(2) In case of the failure or refusal of any district court to adopt and promulgate rules of court, the supreme court may, upon the application of any interested person, adopt and promulgate rules for the government of such court. When adopted and promulgated, such rules shall remain in full force and effect until modified or repealed by the authority adopting them.
(3) Rules adopted by any court take effect 30 days after their publication.
(4) Any judge who shall fail or refuse to comply with and carry out in good faith the rules of court adopted by the supreme court, as herein provided for, shall be guilty of a contempt of the supreme court.
History: Ap. p. Sec. 111, C. Civ. Proc. 1895; re-en. Sec. 6293, Rev. C. 1907; amd. Sec. 1, Ch. 6, L. 1915; re-en. Sec. 8845, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 129; re-en. Sec. 8845, R.C.M. 1935; Sec. 93-502, R.C.M. 1947; Ap. p. Sec. 112, C. Civ. Proc. 1895; re-en. Sec. 6294, Rev. C. 1907; re-en. Sec. 8846, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 130; re-en. Sec. 8846, R.C.M. 1935; Sec. 93-503, R.C.M. 1947; R.C.M. 1947, 93-502, 93-503.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-113. Means to carry jurisdiction into effect

3-1-113. Means to carry jurisdiction into effect.
When jurisdiction is, by the constitution or any statute, conferred on a court or judicial officer, all the means necessary for the exercise of such jurisdiction are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.
History: En. Sec. 205, C. Civ. Proc. 1895; re-en. Sec. 6329, Rev. C. 1907; re-en. Sec. 8882, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 187; re-en. Sec. 8882, R.C.M. 1935; R.C.M. 1947, 93-1106; amd. Sec. 2, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-114. Definitions

3-1-114. Definitions.
As used in 3-1-115 and this section, the following definitions apply:
(1) "Document" means all contents in the file or record of any case or matter docketed by a court, including decisions, administrative orders, court records, court books, court minutes and minute books, court dockets, court ledgers, registers of actions, court indexes, and other documents, instruments, or papers required by law to be filed with a court.
(2) "Electronic filing of documents" means the transmission of data to a court by the communication of information that is originally displayed in written form and then converted to digital electronic signals, transformed by computer, and stored by the clerk of the court on microfilm, magnetic tape, optical disc, or other medium.
(3) "Electronic storage of documents" means the recording, storage, retention, maintenance, and reproduction of court documents, using microfilm, microfiche, data processing, computers, or other electronic processes that correctly and legibly store and reproduce documents.
History: En. Sec. 1, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-115. Electronic filing and storage of documents -- rules

3-1-115. Electronic filing and storage of documents -- rules.
(1) The supreme court may make rules establishing procedures for electronic filing of documents and electronic storage of documents.
(2) Courts may, but are not required to, institute procedures for electronic filing of documents and electronic storage of documents to further the efficient administration and operation of the courts. Electronically filed or stored documents may be kept in lieu of any paper documents. Electronic filing of documents and electronic storage of documents must be in conformity with rules adopted by the supreme court.
(3) The provisions of 3-1-114 and this section may not be construed to repeal any other provision of existing law that requires or provides for the maintenance of official written documents, records, dockets, books, ledgers, or proceedings by a court or clerk of the court in those courts that do not institute electronic filing of documents and electronic storage of documents.
(4) The procedures for electronic storage of documents may require but are not limited to the following:
(a) all original documents to be recorded and released into the court's electronic filing and storage system within a specified minimum time period after presentation to the court;
(b) the use of original paper records during the pendency of any legal proceeding;
(c) standards for organizing, identifying, coding, indexing, and reproducing an original document so that an image produced from electronically stored information can be certified as a true and correct copy of the original and can be retrieved rapidly; and
(d) retention of the original documents consistent with other law and security provisions to guard against physical loss, alterations, and deterioration.
History: En. Sec. 2, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-120. Court financial accounts

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.
History: En. Sec. 1, Ch. 393, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-125. County to provide district court office space

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.
History: En. Sec. 2, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-126. Local government authority to supplement district court budget

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.
History: En. Sec. 3, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 1. Courts -- Definitions and General Powers › 3-1-130. Supreme court -- adoption of judicial branch personnel plan

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 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 supreme court, administer the judicial branch personnel plan adopted under this section.
History: En. Sec. 1, Ch. 585, L. 2001; amd. Sec. 1, Ch. 583, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-201. What courts have seals

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.
History: En. Sec. 462, p. 135, Bannack Stat. re-en. Sec. 585, p. 155, Cod. Stat. 1871; re-en. Sec. 510, p. 174, L. 1877; re-en. Sec. 510, 1st Div. Rev. Stat. 1879; re-en. Sec. 527, 1st Div. Comp. Stat. 1887; amd. Sec. 150, C. Civ. Proc. 1895; re-en. Sec. 6303, Rev. C. 1907; re-en. Sec. 8857, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 147; re-en. Sec. 8857, R.C.M. 1935; R.C.M. 1947, 93-601; amd. Sec. 3, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-202. Seal of supreme court

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.
History: En. Sec. 1, p. 206, L. 1891; re-en. Sec. 151, C. Civ. Proc. 1895; re-en. Sec. 6304, Rev. C. 1907; re-en. Sec. 8858, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 148; re-en. Sec. 8858, R.C.M. 1935; R.C.M. 1947, 93-602.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-203. Seals of district courts

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.
History: En. Sec. 2, p. 206, L. 1891; re-en. Sec. 152, C. Civ. Proc. 1895; re-en. Sec. 6305, Rev. C. 1907; re-en. Sec. 8859, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 149; re-en. Sec. 8859, R.C.M. 1935; R.C.M. 1947, 93-603.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-204. Clerk of court to keep seal

3-1-204. Clerk of court to keep seal.
The clerk of the court must keep the seal thereof.
History: En. Sec. 153, C. Civ. Proc. 1895; re-en. Sec. 6306, Rev. C. 1907; re-en. Sec. 8860, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 152; re-en. Sec. 8860, R.C.M. 1935; R.C.M. 1947, 93-604.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-205. Seal of municipal court

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.
History: En. Sec. 6, Ch. 177, L. 1935; re-en. Sec. 5094.6, R.C.M. 1935; R.C.M. 1947, 11-1706(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 2. Seals of Courts › 3-1-206. Documents requiring seals

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.
History: En. Sec. 464, p. 135, Bannack Stat.; repealed Sec. 751, p. 187, Cod. Stat. 1871; en. Sec. 154, C. Civ. Proc. 1895; re-en. Sec. 6307, Rev. C. 1907; re-en. Sec. 8861, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 153; re-en. Sec. 8861, R.C.M. 1935; R.C.M. 1947, 93-605; amd. Sec. 15, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-301. Days on which courts may be held

3-1-301. Days on which courts may be held.
Courts of justice may be held and judicial business transacted on any day, except as provided in 3-1-302.
History: En. Sec. 466, p. 136, Bannack Stat.; re-en. Sec. 588, p. 155, Cod. Stat. 1871; re-en. Sec. 513, p. 174, L. 1877; re-en. Sec. 513, 1st Div. Rev. Stat. 1879; re-en. Sec. 530, 1st Div. Comp. Stat. 1887; re-en. Sec. 120, C. Civ. Proc. 1895; re-en. Sec. 6295, Rev. C. 1907; re-en. Sec. 8849, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 133; re-en. Sec. 8849, R.C.M. 1935; R.C.M. 1947, 93-506.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-302. Nonjudicial day

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.
History: En. Sec. 467, p. 136, Bannack Stat.; re-en. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 121, C. Civ. Proc. 1895; re-en. Sec. 6296, Rev. C. 1907; re-en. Sec. 8850, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 134; re-en. Sec. 8850, R.C.M. 1935; amd. Sec. 14, Ch. 420, L. 1975; amd. Sec. 28, Ch. 344, L. 1977; R.C.M. 1947, 93-507.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-303. Adjournments from nonjudicial days

3-1-303. Adjournments from nonjudicial days.
If any day mentioned in 3-1-302 happens to be the day appointed for the holding or sitting of a court or to which it is adjourned, it must be considered appointed for or adjourned to the next day.
History: En. Sec. 467, p. 136, Bannack Stat.; amd. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 122, C. Civ. Proc. 1895; re-en. Sec. 6297, Rev. C. 1907; re-en. Sec. 8851, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 135; re-en. Sec. 8851, R.C.M. 1935; R.C.M. 1947, 93-508.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-304. Adjournment for absence of judge

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.
History: En. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 130, C. Civ. Proc. 1895; re-en. Sec. 6298, Rev. C. 1907; re-en. Sec. 8852, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 139; re-en. Sec. 8852, R.C.M. 1935; R.C.M. 1947, 93-509.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-305. Adjournment until next regular term

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.
History: En. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 131, C. Civ. Proc. 1895; re-en. Sec. 6299, Rev. C. 1907; re-en. Sec. 8853, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 140; re-en. Sec. 8853, R.C.M. 1935; R.C.M. 1947, 93-510.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-311. Proceedings not affected by vacancy in office

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.
History: En. Sec. 460, p. 135, Bannack Stat.; re-en. Sec. 583, p. 155, Cod. Stat. 1871; re-en. Sec. 508, p. 174, L. 1877; re-en. Sec. 508, 1st Div. Rev. Stat. 1879; re-en. Sec. 525, 1st Div. Comp. Stat. 1887; amd. Sec. 202, C. Civ. Proc. 1895; re-en. Sec. 6326, Rev. C. 1907; re-en. Sec. 8879, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 184; re-en. Sec. 8879, R.C.M. 1935; R.C.M. 1947, 93-1103.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-312. Sittings of court to be public

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.
History: En. Sec. 450, p. 134, Bannack Stat.; re-en. Sec. 607, p. 159, Cod. Stat. 1871; re-en. Sec. 527, p. 178, L. 1877; re-en. Sec. 527, 1st Div. Rev. Stat. 1879; re-en. Sec. 544, 1st Div. Comp. Stat. 1887; re-en. Sec. 100, C. Civ. Proc. 1895; re-en. Sec. 6290, Rev. C. 1907; re-en. Sec. 8847, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 124; re-en. Sec. 8847, R.C.M. 1935; R.C.M. 1947, 93-504.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-313. Sittings of court -- when private

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.
History: En. Sec. 451, p. 134, Bannack Stat.; re-en. Sec. 608, p. 159, Cod. Stat. 1871; re-en. Sec. 528, p. 178, L. 1877; re-en. Sec. 528, 1st Div. Rev. Stat. 1879; re-en. Sec. 545, 1st Div. Comp. Stat. 1887; amd. Sec. 101, C. Civ. Proc. 1895; re-en. Sec. 6291, Rev. C. 1907; re-en. Sec. 8848, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 125; re-en. Sec. 8848, R.C.M. 1935; amd. Sec. 23, Ch. 33, L. 1977; amd. Sec. 27, Ch. 344, L. 1977; R.C.M. 1947, 93-505.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-314. Proceedings to be in English language

3-1-314. Proceedings to be in English language.
Every written proceeding in a court of justice in this state must be in the English language, and judicial proceedings must be conducted, preserved, and published in no other.
History: En. Sec. 461, p. 135, Bannack Stat.; re-en. Sec. 584, p. 155, Cod. Stat. 1871; re-en. Sec. 509, p. 174, L. 1877; re-en. Sec. 509, 1st Div. Rev. Stat. 1879; re-en. Sec. 526, 1st Div. Comp. Stat. 1887; amd. Sec. 203, C. Civ. Proc. 1895; re-en. Sec. 6327, Rev. C. 1907; re-en. Sec. 8880, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 185; re-en. Sec. 8880, R.C.M. 1935; R.C.M. 1947, 93-1104.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-315. Abbreviations and figures

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.
History: En. Sec. 461, p. 135, Bannack Stat.; re-en. Sec. 584, p. 155, Cod. Stat. 1871; re-en. Sec. 509, p. 174, L. 1877; re-en. Sec. 509, 1st Div. Rev. Stat. 1879; re-en. Sec. 526, 1st Div. Comp. Stat. 1887; amd. Sec. 204, C. Civ. Proc. 1895; re-en. Sec. 6328, Rev. C. 1907; re-en. Sec. 8881, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 186; re-en. Sec. 8881, R.C.M. 1935; R.C.M. 1947, 93-1105.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-316. Repealed

3-1-316. Repealed.
Sec. 13, Ch. 245, L. 1979.
History: En. 93-514 by Sec. 1, Ch. 272, L. 1975; R.C.M. 1947, 93-514.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-317. User surcharge for court information technology -- exception

3-1-317. User surcharge for court information technology -- exception.
(1) Except as provided in subsection (2), all courts of original jurisdiction shall impose:
(a) on a defendant in criminal cases, a $10 user surcharge upon conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail;
(b) on the initiating party in civil and probate cases, a $10 user surcharge at the commencement of each action, proceeding, or filing; and
(c) on each defendant or respondent in civil cases, a $10 user surcharge upon appearance.
(2) If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section.
(3) The surcharge imposed by this section is not a fee or fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.
(4) The amounts collected under this section must be forwarded to the department of revenue for deposit in the state general fund to be used for state funding of court information technology.
History: En. Sec. 1, Ch. 361, L. 1995; amd. Sec. 1, Ch. 257, L. 2001; amd. Sec. 1, Ch. 498, L. 2003; amd. Sec. 1, Ch. 445, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 3. General Rules Regarding Procedure › 3-1-318. Surcharges upon certain criminal convictions -- exception

3-1-318. Surcharges upon certain criminal convictions -- exception.
(1) Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.
(2) A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
(3) The surcharge imposed by this section is not a fee or a fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.
(4) The amounts collected under this section must be deposited in the court-appointed special advocate account established in 3-1-707.
History: En. Sec. 2, Ch. 298, L. 2003; amd. Sec. 8, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 4. Powers of Judicial Officers › 3-1-401. Powers of judges out of court

3-1-401. Powers of judges out of court.
A justice or judge may exercise out of court all the powers expressly conferred upon a justice or judge, as contradistinguished from the court.
History: En. Sec. 190, C. Civ. Proc. 1895; re-en. Sec. 6319, Rev. C. 1907; re-en. Sec. 8872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 176; re-en. Sec. 8872, R.C.M. 1935; R.C.M. 1947, 93-1001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 4. Powers of Judicial Officers › 3-1-402. Powers of judicial officers as to conduct of proceedings

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.
History: En. Sec. 191, C. Civ. Proc. 1895; re-en. Sec. 6320, Rev. C. 1907; re-en. Sec. 8873, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 177; re-en. Sec. 8873, R.C.M. 1935; R.C.M. 1947, 93-1002; amd. Sec. 130, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 4. Powers of Judicial Officers › 3-1-403. Power to punish for contempt

3-1-403. Power to punish for contempt.
For the effectual exercise of the powers conferred by 3-1-402, a judicial officer may punish for contempt in the cases provided in this code.
History: En. Sec. 192, C. Civ. Proc. 1895; re-en. Sec. 6321, Rev. C. 1907; re-en. Sec. 8874, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 178; re-en. Sec. 8874, R.C.M. 1935; R.C.M. 1947, 93-1003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 4. Powers of Judicial Officers › 3-1-404. Taking acknowledgments and affidavits

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.
History: En. Sec. 459, Bannack Stat.; re-en. Sec. 582, p. 155, Cod. Stat. 1871; re-en. Sec. 507, p. 174, L. 1877; re-en. Sec. 507, 1st Div. Rev. Stat. 1879; re-en. Sec. 524, 1st Div. Comp. Stat. 1887; amd. Sec. 193, C. Civ. Proc. 1895; re-en. Sec. 6322, Rev. C. 1907; re-en. Sec. 8875, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 179; re-en. Sec. 8875, R.C.M. 1935; R.C.M. 1947, 93-1004; amd. Sec. 131, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 4. Powers of Judicial Officers › 3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment

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.
History: En. Sec. 194, C. Civ. Proc. 1895; re-en. Sec. 6323, Rev. C. 1907; re-en. Sec. 8876, R.C.M. 1921; re-en. Sec. 8876, R.C.M. 1935; R.C.M. 1947, 93-1005; amd. Sec. 132, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-502. Order refused -- subsequent applications prohibited

3-1-502. Order refused -- subsequent applications prohibited.
(1) If an application for an order, made to a judge of a court in which the action or proceeding is pending, is refused in whole or in part or is granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court.
(2) Nothing in this section refers to motions refused for informality in the papers or proceedings necessary to obtain the order or to motions refused with liberty to renew the same.
History: En. Sec. 457, p. 135, Bannack Stat.; re-en. Sec. 614, p. 159, Cod. Stat. 1871; re-en. Sec. 534, p. 179, L. 1877; re-en. Sec. 534, 1st Div. Rev. Stat. 1879; re-en. Sec. 551, 1st Div. Comp. Stat. 1887; amd. Sec. 200, C. Civ. Proc. 1895; re-en. Sec. 6324, Rev. C. 1907; re-en. Sec. 8877, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 182; re-en. Sec. 8877, R.C.M. 1935; R.C.M. 1947, 93-1101.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-503. Effect of violation

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.
History: En. Sec. 458, p. 135, Bannack Stat.; re-en. Sec. 615, p. 159, Cod. Stat. 1871; re-en. Sec. 535, p. 179, L. 1877; re-en. Sec. 535, 1st Div. Rev. Stat. 1879; re-en. Sec. 552, 1st Div. Comp. Stat. 1887; amd. Sec. 201, C. Civ. Proc. 1895; re-en. Sec. 6325, Rev. C. 1907; re-en. Sec. 8878, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 183; re-en. Sec. 8878, R.C.M. 1935; R.C.M. 1947, 93-1102.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-504. Reentry on property after eviction

3-1-504. Reentry on property after eviction.
A person who is dispossessed of or ejected from or out of any real property by the judgment or process of a court of competent jurisdiction and who, not having the right so to do, reenters into or upon or takes possession of the real property or induces or procures any person not having a right so to do or aids or abets that person to enter into or upon or take possession of the real property is guilty of a contempt of the court that rendered the judgment or that issued the process. Upon conviction for contempt, the court or justice of the peace shall immediately issue an alias process directed to the proper officer requiring that officer to restore the party entitled to the possession of that property, under the original judgment or process, to possession.
History: En. Sec. 567, p. 186, L. 1877; re-en. Sec. 567, 1st Div. Rev. Stat. 1879; re-en. Sec. 585, 1st Div. Comp. Stat. 1887; re-en. Sec. 2171, C. Civ. Proc. 1895; re-en. Sec. 7310, Rev. C. 1907; re-en. Sec. 9909, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1210; re-en. Sec. 9909, R.C.M. 1935; R.C.M. 1947, 93-9802; amd. Sec. 133, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-511. Procedure -- contempt committed in presence of court

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.
History: En. Sec. 397, p. 125, Bannack Stat.; en. Sec. 456, p. 226, L. 1867; re-en. Sec. 532, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; amd. Sec. 2172, C. Civ. Proc. 1895; re-en. Sec. 7311, Rev. C. 1907; re-en. Sec. 9910, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1211; re-en. Sec. 9910, R.C.M. 1935; R.C.M. 1947, 93-9803(part); amd. Sec. 2, Ch. 496, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-512. Procedure -- contempt not in presence of the court

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.
History: En. Sec. 397, p. 125, Bannack Stat.; en. Sec. 456, p. 226, L. 1867; re-en. Sec. 532, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; amd. Sec. 2172, C. Civ. Proc. 1895; re-en. Sec. 7311, Rev. C. 1907; re-en. Sec. 9910, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1211; re-en. Sec. 9910, R.C.M. 1935; R.C.M. 1947, 93-9803(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-513. Warrant -- statement of charge

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.
History: En. Sec. 457, p. 226, L. 1867; re-en. Sec. 533, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; re-en. Sec. 2173, C. Civ. Proc. 1895; re-en. Sec. 7312, Rev. C. 1907; re-en. Sec. 9911, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1212; re-en. Sec. 9911, R.C.M. 1935; R.C.M. 1947, 93-9804; amd. Sec. 3, Ch. 496, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-514. Endorsement allowing bail on warrant

3-1-514. Endorsement allowing bail on warrant.
Whenever a warrant of attachment is issued pursuant to this part, the court or judge shall direct, by an endorsement on the warrant, that the person charged may be left to bail for the person's appearance in an amount to be specified in the endorsement.
History: En. Sec. 458, p. 226, L. 1867; re-en. Sec. 534, p. 145, Cod. Stat. 1871; re-en. Sec. 569, p. 186, L. 1877; re-en. Sec. 569, 1st Div. Rev. Stat. 1879; re-en. Sec. 587, 1st Div. Comp. Stat. 1887; re-en. Sec. 2174, C. Civ. Proc. 1895; re-en. Sec. 7313, Rev. C. 1907; re-en. Sec. 9912, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1213; re-en. Sec. 9912, R.C.M. 1935; R.C.M. 1947, 93-9805; amd. Sec. 134, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-515. Arrest and detention by sheriff

3-1-515. Arrest and detention by sheriff.
Upon executing the warrant of attachment, the sheriff shall keep the person in custody, bring the person before the court or judge, and detain the person until an order is made in the proceeding unless the person arrested is entitled to be discharged as provided in 3-1-516.
History: En. Sec. 459, p. 226, L. 1867; re-en. Sec. 535, p. 145, Cod. Stat. 1871; re-en. Sec. 570, p. 186, L. 1877; re-en. Sec. 570, 1st Div. Rev. Stat. 1879; re-en. Sec. 588, 1st Div. Comp. Stat. 1887; re-en. Sec. 2175, C. Civ. Proc. 1895; re-en. Sec. 7314, Rev. C. 1907; re-en. Sec. 9913, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1214; re-en. Sec. 9913, R.C.M. 1935; R.C.M. 1947, 93-9806; amd. Sec. 135, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-516. Bail bond -- form and conditions of

3-1-516. Bail bond -- form and conditions of.
When a direction to release the person arrested on bail is contained in the warrant of attachment or endorsed on the warrant, the arrested person must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge or the sureties will pay, as may be directed, the sum specified in the warrant or ordered by the court or the judge.
History: En. Sec. 460, p. 227, L. 1867; re-en. Sec. 536, p. 145, Cod. Stat. 1871; re-en. Sec. 570, p. 187, L. 1877; re-en. Sec. 570, 1st Div. Rev. Stat. 1879; re-en. Sec. 588, 1st Div. Comp. Stat. 1887; re-en. Sec. 2176, C. Civ. Proc. 1895; re-en. Sec. 7315, Rev. C. 1907; re-en. Sec. 9914, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1215; re-en. Sec. 9914, R.C.M. 1935; R.C.M. 1947, 93-9807; amd. Sec. 136, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-517. Return of warrant and undertaking

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.
History: En. Sec. 461, p. 227, L. 1867; re-en. Sec. 537, p. 145, Cod. Stat. 1871; re-en. Sec. 571, p. 187, L. 1877; re-en. Sec. 571, 1st Div. Rev. Stat. 1879; re-en. Sec. 589, 1st Div. Comp. Stat. 1887; re-en. Sec. 2177, C. Civ. Proc. 1895; re-en. Sec. 7316, Rev. C. 1907; re-en. Sec. 9915, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1216; re-en. Sec. 9915, R.C.M. 1935; R.C.M. 1947, 93-9808; amd. Sec. 137, Ch. 61, L. 2007.