reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 6. Form and Reporting of Decisions › 3-2-605. Responsibilities of supreme court for security of data and information

3-2-605. Responsibilities of supreme court for security of data and information.
The supreme court is responsible for ensuring an adequate level of security for data, as defined in 2-15-102, within the judicial branch. In carrying out this responsibility, the supreme court shall, at a minimum:
(1) address the responsibilities prescribed in 2-15-114; and
(2) develop written minimum standards and guidelines for the judicial branch to follow in developing its security program.
History: En. Sec. 5, Ch. 592, L. 1987; amd. Sec. 6, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-701. Power of court over rules

3-2-701. Power of court over rules.
The supreme court of this state shall have the power to regulate the pleading, practice, procedure, and the forms thereof in civil actions in all courts of this state by rules promulgated by it from time to time for the purpose of simplifying judicial proceedings in the courts of Montana and for promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant and shall not be inconsistent with the constitution of the state of Montana.
History: En. Sec. 1, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-1.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-702. Advisory committee

3-2-702. Advisory committee.
Before any rules are adopted, the supreme court shall appoint an advisory committee consisting of eight members of the bar of the state and at least three judges of the district court to assist the court in considering and preparing such rules as it may adopt.
History: En. Sec. 2, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-2.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-703. Distribution of proposed rules -- suggestions of bench and bar

3-2-703. Distribution of proposed rules -- suggestions of bench and bar.
(1) Before any rule is adopted, the supreme court shall distribute copies of the proposed rule to the bench and bar of the state for their consideration and suggestions and shall give due consideration to such suggestions as they may submit to the court.
(2) The state bar of Montana or the association of Montana judges may file with the supreme court a petition specifying its suggestions concerning any existing or proposed rule and requesting a hearing thereon within 6 months after the filing of the petition.
History: En. Sec. 3, Ch. 16, L. 1963; amd. Sec. 54, Ch. 344, L. 1977; R.C.M. 1947, 93-2801-3.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-704. Local rules

3-2-704. Local rules.
A district court may adopt rules of court governing its practice so long as the rules are not in conflict with the rules promulgated by the supreme court of the state of Montana in accordance with this part.
History: En. Sec. 4, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-4; amd. Sec. 6, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-705. No effect on powers of boards or commissions

3-2-705. No effect on powers of boards or commissions.
This part shall not affect the power of any constitutional or statutory commission or board to make rules governing its practice.
History: En. Sec. 5, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-5.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-706. Effect on existing laws and rules

3-2-706. Effect on existing laws and rules.
All present laws and rules relating to pleading, practice, and procedure shall be effective as rules of court until modified or superseded by subsequent court rule. Upon the adoption of any rule pursuant to this part, such laws and rules insofar as they are in conflict therewith shall thereafter be of no further force and effect.
History: En. Sec. 6, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-6.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-707. When rules effective

3-2-707. When rules effective.
All rules promulgated under this part shall be effective at a time fixed by the supreme court.
History: En. Sec. 7, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-7.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-708. No abridgment of legislative power

3-2-708. No abridgment of legislative power.
This part shall not abridge the right of the legislature to enact, modify, or repeal any statute or modify or repeal any rule of the supreme court adopted pursuant thereto.
History: En. Sec. 8, Ch. 16, L. 1963; R.C.M. 1947, 93-2801-8.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 7. Adoption of Rules of Civil Procedure › 3-2-714. Civil legal assistance for indigent victims of domestic violence account

3-2-714. Civil legal assistance for indigent victims of domestic violence account.
(1) There is a civil legal assistance for indigent victims of domestic violence account in the state special revenue fund. There must be paid into this account the filing fees paid under 25-1-201(3)(a) and (5). The money in the account must be used solely for the purpose of providing legal representation for indigent victims in civil matters in domestic violence cases and for alternative dispute resolution initiatives in family law cases. Money in the account may not be used for class action lawsuits.
(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The supreme court administrator may designate nonprofit organizations that ordinarily render or finance legal services to indigent persons in civil matters in domestic violence cases to receive or administer the distribution of the funds.
History: En. Sec. 2, Ch. 386, L. 1999; amd. Sec. 11, Ch. 585, L. 2001; amd. Sec. 1, Ch. 114, L. 2005; amd. Sec. 1, Ch. 408, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-101. Judicial districts defined

3-5-101. Judicial districts defined.
In this state, there are 22 judicial districts, distributed as follows:
(1) 1st district: Lewis and Clark and Broadwater Counties;
(2) 2nd district: Silver Bow County;
(3) 3rd district: Deer Lodge, Granite, and Powell Counties;
(4) 4th district: Missoula and Mineral Counties;
(5) 5th district: Beaverhead, Jefferson, and Madison Counties;
(6) 6th district: Park and Sweet Grass Counties;
(7) 7th district: Dawson, McCone, Richland, Prairie, and Wibaux Counties;
(8) 8th district: Cascade County;
(9) 9th district: Teton, Pondera, Toole, and Glacier Counties;
(10) 10th district: Fergus, Judith Basin, and Petroleum Counties;
(11) 11th district: Flathead County;
(12) 12th district: Liberty, Hill, and Chouteau Counties;
(13) 13th district: Yellowstone County;
(14) 14th district: Meagher, Wheatland, Golden Valley, and Musselshell Counties;
(15) 15th district: Roosevelt, Daniels, and Sheridan Counties;
(16) 16th district: Custer, Carter, Fallon, Powder River, Garfield, Treasure, and Rosebud Counties;
(17) 17th district: Phillips, Blaine, and Valley Counties;
(18) 18th district: Gallatin County;
(19) 19th district: Lincoln County;
(20) 20th district: Lake and Sanders Counties;
(21) 21st district: Ravalli County;
(22) 22nd district: Stillwater, Carbon, and Big Horn Counties.
History: En. Sec. 6256, Rev. C. 1907; re-en. Sec. 8812, R.C.M. 1921; amd. Sec. 1, Ch. 91, L. 1929; re-en. Sec. 8812, R.C.M. 1935; amd. Sec. 1, Ch. 23, L. 1973; amd. Sec. 1, Ch. 517, L. 1977; R.C.M. 1947, 93-301; amd. Sec. 1, Ch. 293, L. 1983; amd. Sec. 1, Ch. 642, L. 1991; amd. Sec. 1, Ch. 454, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-102. Number of judges

3-5-102. Number of judges.
In each judicial district, there must be the following number of judges of the district court:
(1) in the 2nd, 7th, 16th, 20th, and 21st districts, two judges each;
(2) in the 1st, 8th, and 18th districts, four judges each;
(3) in the 4th and 11th districts, five judges each;
(4) in the 13th district, eight judges; and
(5) in all other districts, one judge each.
History: En. Sec. 1, p. 156, L. 1901; re-en. Sec. 6264, Rev. C. 1907; re-en. Sec. 8813, R.C.M. 1921; amd. Sec. 2, Ch. 91, L. 1929; re-en. Sec. 8813, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1955; amd. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch. 161, L. 1959; amd. Sec. 1, Ch. 229, L. 1963; amd. Sec. 1, Ch. 14, L. 1973; amd. Sec. 22, Ch. 344, L. 1977; amd. Sec. 2, Ch. 517, L. 1977; R.C.M. 1947, 93-302(part); amd. Sec. 1, Ch. 542, L. 1979; amd. Sec. 2, Ch. 293, L. 1983; amd. Sec. 2, Ch. 454, L. 1999; amd. Sec. 1, Ch. 497, L. 2001; amd. Sec. 1, Ch. 373, L. 2005; amd. Sec. 1, Ch. 422, L. 2009; amd. Sec. 1, Ch. 357, L. 2017; amd. Sec. 1, Ch. 3, L. 2019; amd. Sec. 6, Ch. 566, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-111. District courts presided over by judges of other districts

3-5-111. District courts presided over by judges of other districts.
A judge of the district court of any judicial district may hold the district court in any county of another district at the request of the judge of the other district or as otherwise provided by law. A district judge shall hold the district court in a county of another district if so requested by the chief justice. The judge holding the court in the other district has the same power as within the judge's own district.
History: En. Sec. 36, C. Civ. Proc. 1895; re-en. Sec. 6270, Rev. C. 1907; re-en. Sec. 8821, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 71; re-en. Sec. 8821, R.C.M. 1935; R.C.M. 1947, 93-310; amd. Sec. 28, Ch. 697, L. 1979; amd. Sec. 1, Ch. 110, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-112. Authority of chief justice

3-5-112. Authority of chief justice.
(1) The chief justice may by written order assign a district judge to hold court in a county of another district if:
(a) for any cause a district court in another district is not or cannot be held in any county by a judge of the other district or acting for the other district; or
(b) the business of the court in the other district is not or cannot be dispatched with reasonable promptness.
(2) A district judge assigned to another district pursuant to subsection (1) shall hold court in the other district for the time specified in the order.
History: En. Sec. 164, C. Civ. Proc. 1895; re-en. Sec. 6312, Rev. C. 1907; amd. Sec. 1, Ch. 33, L. 1915; re-en. Sec. 8823, R.C.M. 1921; re-en. Sec. 8823, R.C.M. 1935; R.C.M. 1947, 93-312; amd. Sec. 2, Ch. 110, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-114. Qualifications

3-5-114. Qualifications.
Any of the following individuals may act as a judge pro tempore:
(1) a member of the bar of the state who meets the qualifications for judge of the district court as provided in 3-5-202;
(2) a retired judge of the district court;
(3) a justice of the peace for a justice's court of record, provided for in 3-10-101;
(4) a municipal court judge; or
(5) a retired justice of the supreme court.
History: En. Sec. 2, Ch. 663, L. 1987; amd. Sec. 1, Ch. 389, L. 2003; amd. Sec. 2, Ch. 557, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-115. Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial

3-5-115. Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial.
(1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. Except as provided in 3-20-102, if the district court judge having jurisdiction over the case where the action was filed finds that the appointment is in the best interest of the parties and serves justice, the district court judge may appoint the judge pro tempore nominated by the parties to preside over the whole action or any aspect of the action as if the regular district court judge were presiding.
(2) Except as provided in 3-20-102, an appointment of a judge pro tempore constitutes a waiver of the right to trial by jury by any party having the right.
(3) The supreme court shall appoint the asbestos claims judge as provided in 3-20-102.
(4) The supreme court shall appoint a judge to determine the expungement or resentencing of marijuana convictions as provided in 16-12-115.
History: En. Sec. 3, Ch. 663, L. 1987; amd. Sec. 7, Ch. 473, L. 2001; amd. Sec. 166, Ch. 61, L. 2007; amd. Sec. 26, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-116. Compensation -- expenses

3-5-116. Compensation -- expenses.
(1) The salary of the judge pro tempore or special master and the court reporter and all other expenses associated with the trial are the responsibility of the parties to the action. The amount of salaries and other expenses and the manner of payment must be established by written agreement.
(2) The judge pro tempore or special master may not withhold judgment as security for compensation.
History: En. Sec. 4, Ch. 663, L. 1987; amd. Sec. 3, Ch. 394, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-117. Rooms -- records

3-5-117. Rooms -- records.
(1) Each trial before a judge pro tempore must be conducted in a suitable room in the courthouse in the judicial district where the action was filed, unless the parties or their attorneys stipulate in writing that the trial may be held elsewhere.
(2) All records must be filed and kept in accordance with the rules governing the district court where the action was filed.
History: En. Sec. 5, Ch. 663, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-118. Appeals

3-5-118. Appeals.
An appeal from a final judgment of a judge pro tempore must be made in the same manner as an appeal from a final judgment of the district court.
History: En. Sec. 6, Ch. 663, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-122. Judge pro tempore or special master in criminal cases -- appointment

3-5-122. Judge pro tempore or special master in criminal cases -- appointment.
(1) One or more judges of a judicial district may designate a judge pro tempore or a special master in a criminal case to hear and determine any preliminary, nondispositive matter pending in a criminal case before the court if the district court judge or judges find that the appointment serves justice.
(2) Any of the following individuals may act as a special master in a criminal case:
(a) a justice of the peace or a city judge;
(b) a retired district court judge;
(c) a retired supreme court justice; or
(d) a member of the state bar.
History: En. Sec. 2, Ch. 394, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-124. Standing masters -- reference -- powers

3-5-124. Standing masters -- reference -- powers.
(1) A reference to a standing master must be made at the judge's discretion or by standing order of the district court. All standing orders of reference under this section must be posted in a conspicuous place on the district court's or the judicial branch's website.
(2) A party may object to a reference to a standing master within 20 days after the date the matter was referred to the standing master but before the first meeting with the standing master. On objection, the district court shall refer the matter to another standing master in the judicial district or return the matter to the active docket of the district court.
(3) (a) The order of reference to the standing master must specify or limit the standing master's powers and must direct the standing master to present written findings of fact and conclusions of law on particular issues for the consideration of the district court. Subject to the specifications and limitations stated in the order, the standing master shall regulate all proceedings in each hearing before the standing master and implement measures necessary for the efficient performance of the standing master's duties under the order.
(b) The standing master may:
(i) require the production of evidence on all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings that are applicable;
(ii) rule on the admissibility of evidence unless otherwise directed by the order of reference. The standing master's rulings must be in accordance with Montana law and the Montana Rules of Evidence, as applicable.
(iii) put witnesses on oath and permit their examination;
(iv) call the parties to the action and permit their examination under oath; and
(v) issue temporary orders that are subject to review by the district court, on objection by a party to the action.
(c) The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules of Evidence for a court sitting without a jury. Audio and video recordings are acceptable means of record so long as a master recording is properly preserved and can be transcribed for district court and appellate review.
(4) A standing master shall apply all applicable laws and follow the applicable rules of the judicial district in which the matter is filed.
History: En. Sec. 2, Ch. 167, L. 1999; amd. Sec. 1, Ch. 604, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-125. Standing masters -- proceedings -- meetings -- witnesses -- statements of account

3-5-125. Standing masters -- proceedings -- meetings -- witnesses -- statements of account.
(1) When a reference is made, the clerk shall immediately furnish the standing master with a copy of the order of reference. Unless the order of reference otherwise provides, the standing master shall set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the expiration of the objection period in 3-5-124(2) and shall notify the parties or their attorneys. The standing master shall have the authority to issue temporary orders before the expiration of the objection period in 3-5-124(2). The standing master shall proceed with all reasonable diligence throughout the proceedings. Either party, on notice to the parties and standing master, may apply to the district court for an order requiring the standing master to speed the proceedings and to make the report of its findings of fact and conclusions of law. If a party fails to appear at the time and place appointed, the standing master may proceed ex parte or, in the standing master's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(2) The parties may procure the attendance of witnesses before the standing master by the issuance and service of subpoenas as provided in Rule 45 of the Montana Rules of Civil Procedure. If, without adequate excuse, a witness fails to appear or give evidence, the witness may be punished for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45 of the Montana Rules of Civil Procedure.
(3) When matters of accounting are in issue before the standing master, the standing master may prescribe the form in which the accounts must be submitted and may require or receive in evidence a statement by a certified public accountant who is called as a witness. On objection of a party to any of the items submitted or on a showing that the form of statement is insufficient, the standing master may require a different form of statement to be furnished or the accounts or specific items to be proved by oral examination of the accounting parties or on written interrogatories or in any other manner as the standing master directs.
History: En. Sec. 3, Ch. 167, L. 1999; amd. Sec. 2, Ch. 604, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-126. Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings

3-5-126. Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings.
(1) Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitted to the standing master, the standing master shall hold a hearing. When a hearing is not required, the standing master shall submit findings of fact, conclusions of law, and a proposed order to the clerk of court on the matters submitted to the standing master by the order of reference. The standing master shall file the findings of fact and conclusions of law or order with the clerk of the court and promptly serve copies on all parties in accordance with applicable law. All contested proceedings before the standing master must be audio or video recorded. The standing master shall, at the expense of the district court, file a recording of the proceedings and of the evidence and the original exhibits. The record of the proceedings before the standing master must be made available to the public to the same extent other records of the district court are available to the public. The reasonable cost of the preparation of a duplicate of the recording is the responsibility of the objecting party. The objecting party shall serve a copy of the duplicate recording on adverse parties.
(2) Within 10 days after being served with notice of the filing of the findings of fact and conclusions of law or order, any party may file and serve written specific objections or apply to the district court for an extension. The district court, after a hearing, if requested, may adopt the findings of fact and conclusions of law or order and may modify, reject in whole or in part, receive further evidence, or recommit the matter to the standing master with instructions. If a party seeks to admit further evidence and the request is denied, the party may make an offer of proof with affidavits and additional proposed exhibits.
(3) When the parties stipulate that a standing master's findings of fact are final, only questions of law arising on the findings of fact and conclusions of law may be considered.
History: En. Sec. 4, Ch. 167, L. 1999; amd. Sec. 3, Ch. 604, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 1. Definition of Districts and Assignment of Judges › 3-5-127. Appointment of standing masters -- qualifications -- disqualification

3-5-127. Appointment of standing masters -- qualifications -- disqualification.
(1) A judicial district may appoint or reappoint one or more standing masters for its district with the concurrence of a majority of the judges in the district.
(2) A standing master must be:
(a) admitted to practice law in Montana for at least 3 years prior to the date of appointment;
(b) a member of good standing in the state bar of Montana; and
(c) determined by the appointing judicial district to be competent to perform the duties of the office.
(3) The judicial district shall provide public notice of all vacancies or proposed reappointments in standing master positions.
(4) A standing master shall take the oath required of judges and follow the Montana code of judicial conduct.
(5) An appointed standing master is an employee of the district court under 3-5-901.
(6) A standing master is subject to disqualification from proceeding on a matter on the same grounds as any other judicial officer. On disqualification of a standing master, the district court shall either refer the matter to another standing master in the judicial district or move the case back to its active docket for further proceedings.
History: En. Sec. 4, Ch. 604, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-201. Election and oath of office

3-5-201. Election and oath of office.
(1) The judges of the district court, except judges pro tempore, must be elected by the qualified voters of the district.
(2) Except as provided in subsection (1), each judge of a district court shall, as soon as the judge has taken and subscribed the official oath, file the official oath in the office of the secretary of state.
History: (1)En. Sec. 1, p. 156, L. 1901; re-en. Sec. 6264, Rev. C. 1907; re-en. Sec. 8813, R.C.M. 1921; amd. Sec. 2, Ch. 91, L. 1929; re-en. Sec. 8813, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1955; amd. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch. 161, L. 1959; amd. Sec. 1, Ch. 229, L. 1963; amd. Sec. 1, Ch. 14, L. 1973; amd. Sec. 22, Ch. 344, L. 1977; amd. Sec. 2, Ch. 517, L. 1977; Sec. 93-302, R.C.M. 1947; (2)En. Sec. 1014, Pol. C. 1895; re-en. Sec. 366, Rev. C. 1907; re-en. Sec. 434, R.C.M. 1921; Cal. Pol. C. Sec. 909; re-en. Sec. 434, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1949; Sec. 59-417, R.C.M. 1947; R.C.M. 1947, 59-417(3), 93-302(part); amd. Sec. 9, Ch. 663, L. 1987; amd. Sec. 167, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-202. Qualifications and residence

3-5-202. Qualifications and residence.
(1) A person is not eligible for the office of judge of a district court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.
(2) A judge of a district court need not be a resident of the district for which the judge is elected or appointed at the time of election or appointment, but after election or appointment, the judge must reside in the district for which the judge is elected or appointed during the judge's term of office.
History: En. Sec. 161, C. Civ. Proc. 1895; re-en. Sec. 6309, Rev. C. 1907; re-en. Sec. 8863, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 157; re-en. Sec. 8863, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1973; amd. Sec. 29, Ch. 344, L. 1977; R.C.M. 1947, 93-702(part); amd. Sec. 1, Ch. 406, L. 1989; amd. Sec. 168, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-203. Term of office

3-5-203. Term of office.
The term of office of judges of the district court is 6 years and begins on the first Monday of January next succeeding their election.
History: Ap. p. Sec. 33, C. Civ. Proc. 1895; re-en. Sec. 6267, Rev. C. 1907; re-en. Sec. 8818, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 68; re-en. Sec. 8818, R.C.M. 1935; Sec. 93-307, R.C.M. 1947; Ap. p. Sec. 1, p. 156, L. 1901; re-en. Sec. 6264, Rev. C. 1907; re-en. Sec. 8813, R.C.M. 1921; amd. Sec. 2, Ch. 91, L. 1929; re-en. Sec. 8813, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1955; amd. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch. 161, L. 1959; amd. Sec. 1, Ch. 229, L. 1963; amd. Sec. 1, Ch. 14, L. 1973; amd. Sec. 22, Ch. 344, L. 1977; amd. Sec. 2, Ch. 517, L. 1977; Sec. 93-302, R.C.M. 1947; R.C.M. 1947, 93-302(part), 93-307.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-204. Computation of term of office

3-5-204. Computation of term of office.
The years during which a judge of a district court is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January of the next succeeding year.
History: En. Sec. 34, C. Civ. Proc. 1895; re-en. Sec. 6268, Rev. C. 1907; re-en. Sec. 8819, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 69; re-en. Sec. 8819, R.C.M. 1935; R.C.M. 1947, 93-308.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-211. Salaries and expenses of district court judges

3-5-211. Salaries and expenses of district court judges.
(1) Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of judges of courts of general jurisdiction similar to the Montana district courts for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for a Montana district court judge in determining the average salary. If the average salary is greater than the salary for a district court judge in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salary is the new salary for that position. A district court judge's salary may not be reduced.
(2) Actual and necessary expenses for each district court judge are the travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance of the district court judge's official duties.
History: En. Sec. 1, Ch. 176, L. 1919; re-en. Sec. 8814, R.C.M. 1921; re-en. Sec. 8814, R.C.M. 1935; amd. Sec. 1, Ch. 114, L. 1947; amd. Sec. 1, Ch. 84, L. 1951; amd. Sec. 1, Ch. 247, L. 1955; amd. Sec. 1, Ch. 198, L. 1959; amd. Sec. 1, Ch. 187, L. 1961; amd. Sec. 2, Ch. 212, L. 1963; amd. Sec. 2, Ch. 308, L. 1967; amd. Sec. 1, Ch. 322, L. 1969; amd. Sec. 1, Ch. 4, 2nd Ex. L. 1971; amd. Sec. 2, Ch. 377, L. 1974; amd. Sec. 3, Ch. 461, L. 1977; R.C.M. 1947, 93-303; amd. Sec. 2, Ch. 528, L. 1979; amd. Sec. 1, Ch. 651, L. 1979; amd. Sec. 2, Ch. 605, L. 1981; amd. Sec. 2, Ch. 656, L. 1983; amd. Sec. 2, Ch. 693, L. 1985; amd. Sec. 4, Ch. 462, L. 1989; amd. Sec. 2, Ch. 656, L. 1991; amd. Sec. 14, Ch. 455, L. 1995; amd. Sec. 6, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-212. Repealed

3-5-212. Repealed.
Sec. 21, Ch. 3, L. 1985.
History: En. Sec. 1, Ch. 85, L. 1917; re-en. Sec. 8815, R.C.M. 1921; re-en. Sec. 8815, R.C.M. 1935; R.C.M. 1947, 93-304(part); amd. Sec. 2, Ch. 375, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-213. Expenses when out of district

3-5-213. Expenses when out of district.
A district court judge who sits in the place of another judge in the trial or hearing of an action or proceeding in a district other than the judge's own or in the supreme court or who attends a conference of judges in Helena called by the chief justice of the supreme court must be paid the judge's actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503, while engaged in that service as follows:
(1) travel expenses from the county seat of the county in which the judge resides to the place of trial, hearing, or conference and return; and
(2) board and lodging while engaged in the trial, hearing, or conference.
History: En. Sec. 1, Ch. 3, L. 1907; re-en. Sec. 293, Rev. C. 1907; re-en. Sec. 8816, R.C.M. 1921; re-en. Sec. 8816, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1953; amd. Sec. 61, Ch. 439, L. 1975; amd. Sec. 23, Ch. 344, L. 1977; R.C.M. 1947, 93-305; amd. Sec. 16, Ch. 21, L. 1979; amd. Sec. 3, Ch. 528, L. 1979; amd. Sec. 169, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-214. Certification and filing of expense claim

3-5-214. Certification and filing of expense claim.
As soon as a district court judge's services in connection with the trial, hearing, or conference referred to in 3-5-213 are concluded, the judge shall certify in detail the judge's actual and necessary travel expenses as specified in 3-5-213 and shall file the claim with the state to be processed as provided by law.
History: En. Sec. 2, Ch. 3, L. 1907; re-en. Sec. 294, Rev. C. 1907; re-en. Sec. 8817, R.C.M. 1921; re-en. Sec. 8817, R.C.M. 1935; amd. Sec. 31, Ch. 97, L. 1961; R.C.M. 1947, 93-306; amd. Sec. 17, Ch. 21, L. 1979; amd. Sec. 4, Ch. 528, L. 1979; amd. Sec. 170, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-215. Expenses when not in county of residence

3-5-215. Expenses when not in county of residence.
A district court judge of a judicial district composed of more than one county who, for the purpose of holding court and disposing of judicial business, goes to a county of that judicial district other than the county in which the judge resides and holds court or transacts judicial business must be paid the actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred on account of the business from the time the judge leaves the judge's place of residence until the judge returns to the place of residence.
History: En. Sec. 1, Ch. 91, L. 1911; re-en. Sec. 8824, R.C.M. 1921; re-en. Sec. 8824, R.C.M. 1935; amd. Sec. 2, Ch. 455, L. 1973; amd. Sec. 62, Ch. 439, L. 1975; amd. Sec. 24, Ch. 344, L. 1977; R.C.M. 1947, 93-313; amd. Sec. 5, Ch. 528, L. 1979; amd. Sec. 171, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 2. District Court Judges › 3-5-216. Repealed

3-5-216. Repealed.
Sec. 1, Ch. 24, L. 2007.
History: En. Sec. 2, Ch. 91, L. 1911; re-en. Sec. 8825, R.C.M. 1921; re-en. Sec. 8825, R.C.M. 1935; amd. Sec. 1, Ch. 67, L. 1951; amd. Sec. 10, Ch. 97, L. 1961; R.C.M. 1947, 93-314; amd. Sec. 6, Ch. 528, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-301. Kinds of jurisdiction

3-5-301. Kinds of jurisdiction.
The jurisdiction of the district court is of two kinds:
(1) original; and
(2) appellate.
History: En. Sec. 40, C. Civ. Proc. 1895; re-en. Sec. 6274, Rev. C. 1907; re-en. Sec. 8828, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 75; re-en. Sec. 8828, R.C.M. 1935; R.C.M. 1947, 93-317.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-302. Original jurisdiction

3-5-302. Original jurisdiction.
(1) The district court has original jurisdiction in:
(a) all criminal cases amounting to felony;
(b) all civil and probate matters;
(c) all cases at law and in equity;
(d) all cases of misdemeanor not otherwise provided for; and
(e) all special actions and proceedings that are not otherwise provided for.
(2) The district court has concurrent original jurisdiction with the justice's court in the following criminal cases amounting to misdemeanor:
(a) misdemeanors arising at the same time as and out of the same transaction as a felony or misdemeanor offense charged in district court;
(b) misdemeanors resulting from the reduction of a felony or misdemeanor offense charged in the district court; and
(c) misdemeanors resulting from a finding of a lesser included offense in a felony or misdemeanor case tried in district court.
(3) The district court has exclusive original jurisdiction in all civil actions that might result in a judgment against the state for the payment of money.
(4) The district court has the power of naturalization and of issuing papers for naturalization in all cases where it is authorized to do so by the laws of the United States.
(5) The district court and its judges have power to issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective districts. Injunctions and writs of prohibition and habeas corpus may be issued and served on legal holidays and nonjudicial days.
History: En. Sec. 41, C. Civ. Proc. 1895; re-en. Sec. 6275, Rev. C. 1907; re-en. Sec. 8829, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 76; re-en. Sec. 8829, R.C.M. 1935; amd. Sec. 1, Ch. 11, L. 1973; R.C.M. 1947, 93-318; amd. Sec. 1, Ch. 409, L. 1979; amd. Sec. 1, Ch. 594, L. 1981; amd. Sec. 1, Ch. 441, L. 1985; amd. Sec. 2, Ch. 540, L. 1987; amd. Sec. 2, Ch. 481, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-303. Appellate jurisdiction

3-5-303. Appellate jurisdiction.
The district court has appellate jurisdiction in cases arising in justices' courts and other courts of limited jurisdiction in their respective districts as may be prescribed by law and consistent with the constitution.
History: En. Sec. 42, C. Civ. Proc. 1895; re-en. Sec. 6276, Rev. C. 1907; re-en. Sec. 8830, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 77; re-en. Sec. 8830, R.C.M. 1935; R.C.M. 1947, 93-319; amd. Sec. 7, Ch. 466, L. 1979; amd. Sec. 1, Ch. 277, L. 1989; amd. Sec. 1, Ch. 430, L. 2019.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-304. Process

3-5-304. Process.
The process of the district court extends to all parts of the state.
History: En. Sec. 43, C. Civ. Proc. 1895; re-en. Sec. 6277, Rev. C. 1907; re-en. Sec. 8831, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 78; re-en. Sec. 8831, R.C.M. 1935; R.C.M. 1947, 93-320(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-311. Powers of judges at chambers

3-5-311. Powers of judges at chambers.
(1) The judge of the district court may at chambers:
(a) issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original and remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in the judicial district;
(b) grant all orders and writs that are usually granted in the first instance upon an ex parte application and hear and dispose of those orders and writs;
(c) hear and determine any matter necessary in the exercise of the judge's powers in matters of probate or in any action or proceeding provided by law and any action in which all party defendants have made default;
(d) issue any process, make any order, and make and enter any default judgment; and
(e) consolidate jurisdiction in district court over a civil action or proceeding filed in a justice's court, a municipal court, a city court, or the small claims division of a justice's court when the civil action or proceeding arose out of the same transaction or occurrence as a case pending in district court.
(2) When default judgments are entered in default cases, the judge shall forward to the clerk of the court of the county in which the action is pending the judgment, together with a minute entry of the proceedings. The clerk shall incorporate the judgment and minute entry into the minutes of the court.
(3) If a jury is necessary, the judge may open court and obtain a jury as in other cases.
History: En. Sec. 477, p. 138, Bannack Stat.; amd. Sec. 624, p. 161, Cod. Stat. 1871; re-en. Sec. 684, 1st Div. Rev. Stat. 1879; re-en. Sec. 704, 1st Div. Comp. Stat. 1887; amd. Sec. 171, C. Civ. Proc. 1895; re-en. Sec. 6314, Rev. C. 1907; re-en. Sec. 8867, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 166; amd. Sec. 1, Ch. 79, L. 1931; re-en. Sec. 8867, R.C.M. 1935; R.C.M. 1947, 93-802; amd. Sec. 173, Ch. 61, L. 2007; amd. Sec. 2, Ch. 409, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-312. Jurisdiction of judges coextensive with the state

3-5-312. Jurisdiction of judges coextensive with the state.
(1) The jurisdiction of the judges of the district courts of the state of Montana in rendering and signing judgments, making findings and rendering decrees, and making orders to show cause and all ex parte orders, in chambers, shall be coextensive with the boundaries of the state of Montana as to all matters presented to or heard by them and of which they have jurisdiction.
(2) Such judgments, findings, decrees, and orders, when so rendered, made, or signed, shall have the same force and effect as to matters under their jurisdiction as if done in open court in the county in which the action, proceeding, or matter is pending or was heard.
History: En. Sec. 1, Ch. 53, L. 1923; re-en. Sec. 8867.1, R.C.M. 1935; R.C.M. 1947, 93-803.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 3. District Court Jurisdiction › 3-5-313. Removal to district court

3-5-313. Removal to district court.
(1) A party desiring to remove a civil action from a justice's court, a municipal court, a city court, or the small claims division of a justice's court shall file in the district court of the judicial district in which the action is pending a notice of removal containing a short and plain statement of the grounds for removal with a copy of the summons and any complaints served on the party in the action.
(2) Civil actions or proceedings may be removed for the following reasons:
(a) the amount in controversy exceeds the $15,000 jurisdictional limit for justices' courts provided in 3-10-301 and applied to municipal courts in 3-6-103; or
(b) the civil action or proceeding filed in a justice's court, a municipal court, a city court, or the small claims division of a justice's court arose out of the same transaction or occurrence as a civil action or proceeding pending in district court.
(3) (a) Promptly after the filing of a notice of removal of a civil action or proceeding, the party shall give written notice to all parties and shall file a copy of the notice with the clerk of the district court in which the civil action or proceeding is to be tried.
(b) The notice of removal effectuates the removal, and the justice's court, municipal court, city court, or small claims division of a justice's court may not proceed any further unless the case is remanded.
(c) On receiving notice of removal, the justice's court, municipal court, city court, or small claims division of a justice's court shall transmit the pleadings and all papers in the action to the clerk of the district court immediately.
(4) If a party believes the removal is improper, the party shall file a motion to remand within 20 days of service of the notice of removal.
(5) A party who files a notice to remove a civil action to district court under this section shall pay all costs and fees of filing the papers in the district court pursuant to 25-1-201.
History: En. Sec. 1, Ch. 409, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-401. Terms of court

3-5-401. Terms of court.
(1) The district court of each county that is a separate judicial district does not have terms and must always be open for the transaction of business except on legal holidays and nonjudicial days.
(2) (a) In each district that is located in two or more counties, the district court judge shall fix the term of court in each county in the district and there must be at least four terms a year in each county. Any order of the judge fixing terms of court must be filed in the office of the clerk of the district court in each county of the district, and the order remains in effect until further order of the judge.
(b) This section may not be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the special term is necessary.
(c) The district court judge may adjourn a term of district court in one county to a future day certain and in the meantime hold court in another county.
History: En. Sec. 38, C. Civ. Proc. 1895; amd. Sec. 1, p. 156, L. 1901; re-en. Sec. 6272, Rev. C. 1907; re-en. Sec. 8826, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 73; re-en. Sec. 8826, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1959; R.C.M. 1947, 93-315(part); amd. Sec. 174, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-402. Adjournments -- conduct of business in multicounty districts

3-5-402. Adjournments -- conduct of business in multicounty districts.
(1) Adjournments from day to day or from time to time are to be construed as recesses in the session or term and shall not prevent the court from sitting at any time.
(2) In districts where two or more counties are united, court may be held, causes tried with or without a jury, and business transacted in any and all of the counties of the district continuously and simultaneously, with or without recesses, and without regard to the beginning or ending of any of the terms in any of the counties of the district.
(3) The judge of such district may hold court in one county of such district, try causes with or without a jury, and transact business, while at the same time court may be held, causes tried with or without a jury, and business transacted in any other county of such district by the same judge or by any other district judge of the state, when requested or assigned thereto under any of the provisions of the statutes of Montana.
History: En. Sec. 39, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 184, L. 1907; re-en. Sec. 6273, Rev. C. 1907; re-en. Sec. 8827, R.C.M. 1921; re-en. Sec. 8827, R.C.M. 1935; amd. Sec. 2, Ch. 144, L. 1959; R.C.M. 1947, 93-316.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-403. Terms and departments in multijudge districts

3-5-403. Terms and departments in multijudge districts.
(1) In each judicial district that has more than one judge, as many terms or sessions of court may be held at the same time as there are judges in the district.
(2) The judges elected or appointed to hold office in each judicial district having more than one judge shall divide the court into departments, prescribe the order of business, and make rules for the government of the court. Each department must be numbered, and each judge must be assigned to one of the numbered departments.
(3) The judges shall apportion the business of the court among themselves as equally as possible. In case of their failure for any cause to make the apportionment or to assign each judge to a numbered department, the supreme court, upon application of any interested person, shall make an order apportioning the business and assigning each judge to a numbered department and cause the order to be entered upon the minute book of the district court in each county in the district. The order remains in full force and effect until modified or repealed by the authority making it. The failure or refusal of any district judge to carry out the terms of the order constitutes a contempt of the supreme court.
History: (1) thru (3)En. Sec. 44, C. Civ. Proc. 1895; re-en. Sec. 6278, Rev. C. 1907; amd. Sec. 1, Ch. 7, L. 1915; re-en. Sec. 8832, R.C.M. 1921; re-en. Sec. 8832, R.C.M. 1935; amd. Sec. 1, Ch. 229, L. 1961; R.C.M. 1947, 93-321; (4)En. Sec. 3, Ch. 542, L. 1979; amd. Sec. 4, Ch. 18, L. 1995.