reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 4. Contempts in Justices' Courts › 3-10-403. Repealed

3-10-403. Repealed.
Sec. 8, Ch. 496, L. 2001.
History: En. Sec. 1652, C. Civ. Proc. 1895; re-en. Sec. 7067, Rev. C. 1907; re-en. Sec. 9700, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 908; re-en. Sec. 9700, R.C.M. 1935; R.C.M. 1947, 93-7503.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 4. Contempts in Justices' Courts › 3-10-404. Repealed

3-10-404. Repealed.
Sec. 8, Ch. 496, L. 2001.
History: En. Sec. 630, p. 168, Bannack Stat.; re-en. Sec. 736, p. 184, Cod. Stat. 1871; re-en. Sec. 796, 1st Div. Rev. Stat. 1879; re-en. Sec. 816, 1st Div. Comp. Stat. 1887; amd. Sec. 1653, C. Civ. Proc. 1895; re-en. Sec. 7068, Rev. C. 1907; re-en. Sec. 9701, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 909; re-en. Sec. 9701, R.C.M. 1935; R.C.M. 1947, 93-7504.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 4. Contempts in Justices' Courts › 3-10-405. Conviction in docket

3-10-405. Conviction in docket.
The conviction, specifying particularly the offense and the judgment on the conviction, must be entered by the justice of the peace in the docket.
History: En. Sec. 631, p. 168, Bannack Stat.; re-en. Sec. 737, p. 184, Cod. Stat. 1871; re-en. Sec. 797, 1st Div. Rev. Stat. 1879; re-en. Sec. 817, 1st Div. Comp. Stat. 1887; amd. Sec. 1654, C. Civ. Proc. 1895; re-en. Sec. 7069, Rev. C. 1907; re-en. Sec. 9702, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 910; re-en. Sec. 9702, R.C.M. 1935; R.C.M. 1947, 93-7505; amd. Sec. 195, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-501. Contents of docket -- electronic filing and storage of court records

3-10-501. Contents of docket -- electronic filing and storage of court records.
(1) Each justice shall keep a book, denominated a "docket", in which the justice shall enter:
(a) the title of each action or proceeding;
(b) the object of the action or proceeding and, if a sum of money is claimed, the amount;
(c) the date of the summons and the time of its return and, if an order to arrest the defendant is made or a writ of attachment is issued, a statement of the fact;
(d) the time when the parties or either of them appear or their nonappearance if default is made; a minute of the pleading and motions, if in writing, referring to them, if not in writing, a concise statement of the material parts of the pleadings;
(e) each adjournment, stating on whose application and to what time;
(f) the demand for a trial by jury, when the demand is made, and by whom made; the order for the jury; and the time appointed for the return of the jury and for the trial;
(g) the names of the jurors who appear and are sworn and the names of all witnesses sworn and at whose request;
(h) the verdict of the jury and when received; if the jury disagree and is discharged, the fact of disagreement and discharge;
(i) the judgment of the court, specifying the costs included and the time when rendered, and an itemized statement of the costs;
(j) the issuing of the execution, when issued, and to whom; the renewals of the execution, if any, and when made; and a statement of any money paid to the justice, when paid, and by whom;
(k) the receipt of a notice of appeal, if any is given, and of the undertaking on appeal, if any is filed.
(2) The justice may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.
History: Secs. 9703-9709, R.C.M. 1921, were en. Secs. 619-624, pp. 166, 167, Bannack Stat.; re-en. Secs. 725-730, pp. 183, 184, Cod. Stat. 1871; re-en. Secs. 785-790, 1st Div. Rev. Stat. 1879; re-en. Secs. 805-810, 1st Div. Comp. Stat. 1887; amd. Secs. 1660-1667, C. Civ. Proc. 1895. This section re-en. Sec. 7070, Rev. C. 1907; re-en. Sec. 9703, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 911; re-en. Sec. 9703, R.C.M. 1935; R.C.M. 1947, 93-7601; amd. Sec. 6, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-502. How entries made -- prima facie evidence

3-10-502. How entries made -- prima facie evidence.
(1) The items listed in 3-10-501 must be entered in the docket under the title of the action to which they relate and, unless otherwise provided, at the time when they occur.
(2) The entries in a justice of the peace's docket or a transcript of the entries certified by the justice or the justice's successor in office are prima facie evidence of the facts stated.
History: En. Sec. 1661, C. Civ. Proc. 1895; re-en. Sec. 7071, Rev. C. 1907; re-en. Sec. 9704, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 912; re-en. Sec. 9704, R.C.M. 1935; amd. Sec. 48, Ch. 344, L. 1977; R.C.M. 1947, 93-7602; amd. Sec. 26, Ch. 21, L. 1979; amd. Sec. 196, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-503. Index to docket -- electronic filing and storage of court records

3-10-503. Index to docket -- electronic filing and storage of court records.
(1) A justice shall keep an alphabetical index to the docket, in which must be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs and defendants must be entered in the index in the alphabetical order of the first letter of the family name.
(2) The justice may elect to keep the index by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.
History: En. Sec. 1662, C. Civ. Proc. 1895; re-en. Sec. 7072, Rev. C. 1907; re-en. Sec. 9705, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 913; re-en. Sec. 9705, R.C.M. 1935; R.C.M. 1947, 93-7603; amd. Sec. 7, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-511. Records delivered to successor

3-10-511. Records delivered to successor.
Each justice of the peace, upon the expiration of the term of office, shall deposit with the justice's successor the official dockets and all papers or electronically filed or stored documents that were filed in the court during the justice's term of office or before, to be kept as public records.
History: En. Sec. 1663, C. Civ. Proc. 1895; re-en. Sec. 7073, Rev. C. 1907; re-en. Sec. 9706, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 914; re-en. Sec. 9706, R.C.M. 1935; R.C.M. 1947, 93-7604; amd. Sec. 8, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-512. Proceedings when office becomes vacant

3-10-512. Proceedings when office becomes vacant.
If the office of a justice becomes vacant because of death or removal from the county or for any other cause before a successor is appointed, the docket and papers or electronically filed or stored documents that were in the justice's possession must be deposited in the office of some other justice in the county, who shall deliver them to the successor of the former justice. If there is no other justice in the county, the docket and papers or electronically filed or stored documents must be deposited in the office of the county clerk, who shall deliver them to the successor in office of the former justice.
History: En. Sec. 1664, C. Civ. Proc. 1895; re-en. Sec. 7074, Rev. C. 1907; re-en. Sec. 9707, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 915; re-en. Sec. 9707, R.C.M. 1935; amd. Sec. 22, Ch. 491, L. 1973; amd. Sec. 49, Ch. 344, L. 1977; R.C.M. 1947, 93-7605; amd. Sec. 9, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-513. Who is the successor

3-10-513. Who is the successor.
The justice appointed to fill a vacancy is the successor of the justice whose office became vacant before the expiration of a full term. When a full term expires, the person elected to take the numbered office, as provided in 3-10-201, from that time is the successor.
History: En. Sec. 1666, C. Civ. Proc. 1895; re-en. Sec. 7076, Rev. C. 1907; re-en. Sec. 9709, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 917; re-en. Sec. 9709, R.C.M. 1935; amd. Sec. 23, Ch. 491, L. 1973; amd. Sec. 50, Ch. 344, L. 1977; R.C.M. 1947, 93-7607.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-514. Docket of predecessor

3-10-514. Docket of predecessor.
A justice of the peace with whom the docket of the justice's predecessor or of any other justice is deposited has and may exercise over all actions and proceedings entered in the docket the same jurisdiction as if the actions and proceedings were originally commenced before the justice. In the case of the creation of a new county or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as justice within that territory is, for the purpose of this section, considered the successor of the former justice.
History: En. Sec. 1665, C. Civ. Proc. 1895; re-en. Sec. 7075, Rev. C. 1907; re-en. Sec. 9708, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 916; re-en. Sec. 9708, R.C.M. 1935; R.C.M. 1947, 93-7606; amd. Sec. 197, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 5. Records in Justices' Courts › 3-10-518. Youth matters cited in justice's court -- public record

3-10-518. Youth matters cited in justice's court -- public record.
Except as provided in 41-5-216, all filed matters related to a youth cited in a justice's court are a public record.
History: En. Sec. 2, Ch. 466, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 6. Fines, Penalties, Forfeitures, Fees, and Costs in Justices' Courts › 3-10-601. Collection and disposition of fines, penalties, forfeitures, and fees

3-10-601. Collection and disposition of fines, penalties, forfeitures, and fees.
(1) Except as provided in 61-8-726 and 75-7-123, a justice's court shall collect the fees prescribed by law for justices' courts and shall pay them into the county treasury of the county in which the justice of the peace holds office, on or before the 10th day of each month, to be credited to the general fund of the county.
(2) Except as provided in 61-8-726, 75-7-123, and subsection (4) of this section, all fines, penalties, and forfeitures that are required to be imposed, collected, or paid in a justice's court must, for each calendar month, be paid by the justice's court on or before the 5th day of the following month to the treasurer of the county in which the justice's court is situated, except that they may be distributed as provided in 44-12-213 if imposed, collected, or paid for a violation of Title 45, chapter 9 or 10.
(3) Except as provided in 46-18-236(7), 61-8-726, and 75-7-123, the county treasurer shall, as provided in 15-1-504, distribute money received under subsection (2) as follows:
(a) 50% to the department of revenue for deposit in the state general fund; and
(b) 50% to the county general fund.
(4) (a) The justice's court may contract with a private person or entity for the collection of any final judgment that requires a payment to the justice's court.
(b) In the event that a private person or entity is retained to collect a judgment, the justice's court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute a suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The justice's court may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the justice's court must be added to the judgment amount.
History: En. Sec. 2, Ch. 84, L. 1917; re-en. Sec. 4930, R.C.M. 1921; re-en. Sec. 4930, R.C.M. 1935; amd. Sec. 9, Ch. 491, L. 1973; amd. Sec. 4, Ch. 420, L. 1975; amd. Sec. 15, Ch. 344, L. 1977; R.C.M. 1947, 25-307; amd. Sec. 1, Ch. 557, L. 1987; amd. Sec. 1, Ch. 296, L. 1991; amd. Sec. 3, Ch. 667, L. 1991; amd. Sec. 1, Ch. 39, Sp. L. November 1993; amd. Sec. 5, Ch. 18, L. 1995; amd. Sec. 3, Ch. 509, L. 1995; amd. Sec. 26, Ch. 546, L. 1995; amd. Sec. 2, Ch. 257, L. 2001; amd. Sec. 1, Ch. 449, L. 2001; amd. Sec. 4, Ch. 515, L. 2001; amd. Sec. 2, Ch. 470, L. 2003; amd. Sec. 1, Ch. 510, L. 2003; amd. Sec. 2, Ch. 232, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 6. Fines, Penalties, Forfeitures, Fees, and Costs in Justices' Courts › 3-10-602. Penalty

3-10-602. Penalty.
A justice of the peace violating 3-10-601 is guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not exceeding 6 months in the county jail, or both. The violator is also guilty of malfeasance in office and, in the discretion of the court, may be removed from office. A person removed from office is disqualified from holding the office of justice of the peace.
History: En. Sec. 3, Ch. 84, L. 1917; re-en. Sec. 4931, R.C.M. 1921; re-en. Sec. 4931, R.C.M. 1935; R.C.M. 1947, 25-308; amd. Sec. 198, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 6. Fines, Penalties, Forfeitures, Fees, and Costs in Justices' Courts › 3-10-603. Repealed

3-10-603. Repealed.
Sec. 64, Ch. 557, L. 1987.
History: (1), (2)En. 25-310 by Sec. 1, Ch. 289, L. 1973; amd. Sec. 5, Ch. 420, L. 1975; amd. Sec. 1, Ch. 207, L. 1977; Sec. 25-310, R.C.M. 1947; (3)En. 25-311 by Sec. 1, Ch. 287, L. 1973; amd. Sec. 1, Ch. 114, L. 1975; amd. Sec. 6, Ch. 420, L. 1975; Sec. 25-311, R.C.M. 1947; R.C.M. 1947, 25-310, 25-311.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-701. Constables to attend court

3-10-701. Constables to attend court.
Constables must attend the courts of justices of the peace within their counties whenever so required and execute, serve, and return all process and notices directed or delivered to them by a justice of the peace or by any competent authority of such county.
History: En. Sec. 4550, Pol. C. 1895; re-en. Sec. 3096, Rev. C. 1907; re-en. Sec. 4859, R.C.M. 1921; Cal. Pol. C. Sec. 4314; re-en. Sec. 4859, R.C.M. 1935; amd. Sec. 4, Ch. 253, L. 1975; R.C.M. 1947, 16-3601.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-702. Governed by law prescribing sheriffs' duties

3-10-702. Governed by law prescribing sheriffs' duties.
(1) All the provisions of 3-5-407, 7-32-2101, 7-32-2102, 7-32-2121(1) through (3) and (7) through (12), 7-32-2122, 7-32-2124, 7-32-2127, 7-32-2129 through 7-32-2131, 7-32-2250, 25-3-101, 25-3-202, 25-3-204 through 25-3-206, 25-3-301, 25-3-302, 25-13-403, 27-18-305, and 27-18-1505 apply to constables and govern their powers, duties, and liabilities.
(2) The provisions of 7-32-2141(1) apply to constables. Fees collected by a constable for services, as provided in 7-32-2141(1), must be paid to the county treasurer, as provided in 7-4-2511(2), and credited to the budget of the justice's court.
History: En. Sec. 4551, Pol. C. 1895; re-en. Sec. 3098, Rev. C. 1907; re-en. Sec. 4861, R.C.M. 1921; Cal. Pol. C. Sec. 4315; re-en. Sec. 4861, R.C.M. 1935; amd. Sec. 11, Ch. 344, L. 1977; R.C.M. 1947, 16-3603; amd. Sec. 1, Ch. 569, L. 1985; amd. Sec. 3, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-703. Compensation

3-10-703. Compensation.
The board of county commissioners shall, by resolution, on or before July 1 of each year, fix the salary of constables for the following fiscal year. Constables shall receive mileage, at the rate provided by law, when performing their official duties.
History: En. 25-312 by Sec. 9, Ch. 253, L. 1975; R.C.M. 1947, 25-312.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-704. Deputy constables

3-10-704. Deputy constables.
If in any county there is no appointed constable, the board of county commissioners may, at the request of a party, after being satisfied that it is expedient to do so, specially deputize any proper person of suitable age not interested in the action to serve a summons, with or without an order to arrest the defendant and with or without a writ of attachment, or to serve an execution. The county commissioners are liable upon their official bonds for all official acts of the person so deputized. The appointment of the deputy shall be made in writing on the process, and a note thereof shall be made on the justice's docket.
History: En. Sec. 627, p. 168, Bannack Stat.; re-en. Sec. 733, p. 184, Cod. Stat. 1871; re-en. Sec. 793, p. 187, 1st Div. Rev. Stat. 1879; re-en. Sec. 813, 1st Div. Comp. Stat. 1887; amd. Sec. 1688, C. Civ. Proc. 1895; amd. Sec. 1, p. 138, L. 1899; re-en. Sec. 7086, Rev. C. 1907; re-en. Sec. 9719, R.C.M. 1921; re-en. Sec. 9719, R.C.M. 1935; amd. Sec. 25, Ch. 491, L. 1973; amd. Sec. 8, Ch. 253, L. 1975; amd. Sec. 53, Ch. 344, L. 1977; R.C.M. 1947, 93-7709.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-705. Authority of deputy

3-10-705. Authority of deputy.
The person so deputed shall have the authority of a constable in relation to the service, execution, and return of such process and shall be subject to the same obligations.
History: En. Sec. 628, p. 168, Bannack Stat.; re-en. Sec. 734, p. 184, Cod. Stat. 1871; re-en. Sec. 794, 1st Div. Rev. Stat. 1879; re-en. Sec. 814, 1st Div. Comp. Stat. 1887; re-en. Sec. 1689, C. Civ. Proc. 1895; re-en. Sec. 7087, Rev. C. 1907; re-en. Sec. 9720, R.C.M. 1921; re-en. Sec. 9720, R.C.M. 1935; R.C.M. 1947, 93-7710.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 7. Constables › 3-10-706. Execution of process by retiring constable

3-10-706. Execution of process by retiring constable.
A constable, notwithstanding the expiration of the constable's term of office, may proceed and complete the execution of all final process that the constable has begun to execute, in the same manner as if the constable were still in office, and the sureties are liable to the same extent.
History: En. Sec. 629, p. 168, Bannack Stat.; re-en. Sec. 735, p. 184, Cod. Stat. 1871; re-en. Sec. 795, 1st Div. Rev. Stat. 1879; re-en. Sec. 815, 1st Div. Comp. Stat. 1887; re-en. Sec. 1690, C. Civ. Proc. 1895; re-en. Sec. 7088, Rev. C. 1907; re-en. Sec. 9721, R.C.M. 1921; re-en. Sec. 9721, R.C.M. 1935; R.C.M. 1947, 93-7711; amd. Sec. 199, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 10. Small Claims Division › 3-10-1001. Purpose

3-10-1001. Purpose.
It is the purpose of this part and Title 25, chapter 35, to provide a speedy remedy for small claims and to promote a forum in which such claims may be heard and disposed of without the necessity of a formal trial.
History: En. 93-345 by Sec. 1, Ch. 572, L. 1977; R.C.M. 1947, 93-345; amd. Sec. 26, Ch. 586, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 10. Small Claims Division › 3-10-1002. Creation

3-10-1002. Creation.
There is established within the jurisdiction of each justice's court in this state a small claims division to be known as the "small claims court".
History: En. 93-346 by Sec. 2, Ch. 572, L. 1977; R.C.M. 1947, 93-346.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 10. Small Claims Division › 3-10-1003. Location -- hours

3-10-1003. Location -- hours.
The small claims division of justice's court shall be located at the same place as the justice's court and shall be open during the same hours as the justice's court.
History: En. 93-360 by Sec. 16, Ch. 572, L. 1977; R.C.M. 1947, 93-360.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 10. Small Claims Division › 3-10-1004. Jurisdiction -- removal from district court

3-10-1004. Jurisdiction -- removal from district court.
(1) The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.
(2) A district court judge may require any action filed in district court to be removed to the small claims court if the amount in controversy does not exceed $7,000. The small claims court shall hear any action so removed from the district court.
History: En. 93-347 by Sec. 3, Ch. 572, L. 1977; R.C.M. 1947, 93-347; amd. Sec. 27, Ch. 586, L. 1981; amd. Sec. 1, Ch. 438, L. 1989; amd. Sec. 2, Ch. 307, L. 1991; amd. Sec. 2, Ch. 284, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 10. Small Claims Division › 3-10-1005. Docket entries

3-10-1005. Docket entries.
The justice of the peace shall enter in the docket kept by the justice for small claims cases the following:
(1) the title of each action;
(2) the amount claimed;
(3) the date the order of court/notice to defendant was signed and the date of the trial as stated in the order;
(4) the date the parties appeared or the date on which default was entered;
(5) each adjournment, stating on whose application and to what time;
(6) the judgment of the court;
(7) a statement of any money paid to the justice, when, and by whom;
(8) the date of the issuance of any abstract of the judgment; and
(9) the date of the receipt of the notice of appeal, if any is given, and of the appeal bond, if any is filed.
History: En. 93-361 by Sec. 17, Ch. 572, L. 1977; R.C.M. 1947, 93-361(2); amd. Sec. 200, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-101. City court established -- city court of record

3-11-101. City court established -- city court of record.
(1) A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all business, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business only.
(2) A city may establish the city court as a court of record. If the city court is established as a court of record, it must be known as a "city court of record". The court's proceedings must be recorded by electronic recording or stenographic transcription, and all papers filed in a proceeding must be included in the record. A city court of record may be established by a resolution of the city commissioners or pursuant to 7-5-131 through 7-5-135 and 7-5-137.
History: (1)En. Sec. 4910, Pol. C. 1895; re-en. Sec. 3296, Rev. C. 1907; re-en. Sec. 5087, R.C.M. 1921; re-en. Sec. 5087, R.C.M. 1935; amd. Sec. 1, Ch. 165, L. 1975; amd. Sec. 2, Ch. 344, L. 1977; Sec. 11-1601, R.C.M. 1947; (2)En. Sec. 80, C. Civ. Proc. 1895; re-en. Sec. 6289, Rev. C. 1907; re-en. Sec. 8843, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 121; re-en. Sec. 8843, R.C.M. 1935; amd. Sec. 3, Ch. 165, L. 1975; Sec. 93-411, R.C.M. 1947; R.C.M. 1947, 11-1601, 93-411(1); amd. Sec. 1, Ch. 543, L. 1987; amd. Sec. 2, Ch. 292, L. 1995; amd. Sec. 2, Ch. 38, L. 2011; amd. Sec. 15, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-102. Concurrent jurisdiction

3-11-102. Concurrent jurisdiction.
(1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title.
(2) Applications for search warrants and complaints charging the commission of a felony may be filed in the city court. When they are filed, the city judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The city attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The county attorney, however, must handle any action after a defendant is bound over to district court.
History: En. Sec. 4911, Pol. C. 1895; amd. Sec. 1, Ch. 16, L. 1903; re-en. Sec. 3297, Rev. C. 1907; re-en. Sec. 5088, R.C.M. 1921; Cal. Pol. C. Sec. 4426; re-en. Sec. 5088, R.C.M. 1935; amd. Sec. 1, Ch. 93, L. 1967; amd. Sec. 10, Ch. 240, L. 1971; amd. Sec. 11, Ch. 94, L. 1973; amd. Sec. 4, Ch. 274, L. 1974; amd. Sec. 2, Ch. 165, L. 1975; amd. Sec. 4, Ch. 344, L. 1977; R.C.M. 1947, 11-1602; amd. Sec. 2, Ch. 543, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-103. Exclusive jurisdiction

3-11-103. Exclusive jurisdiction.
Except as provided in 3-11-104, the city court has exclusive jurisdiction of:
(1) proceedings for the violation of an ordinance of the city or town, both civil and criminal;
(2) when the amount of the taxes or assessments sought does not exceed $9,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action:
(a) city or town purposes;
(b) the erection or improvement of public buildings;
(c) the laying out, opening, or improving of a public street, sidewalk, alley, or bridge;
(d) the acquisition or improvement of any public grounds; and
(e) public improvements made or ordered by the city or town within its limits;
(3) actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $9,500;
(4) when the amount claimed, exclusive of costs, does not exceed $9,500, actions for:
(a) the breach of an official bond given by a city or town officer;
(b) the breach of any contract when the city or town is a party or is in any way interested;
(c) damages when the city or town is a party or is in any way interested;
(d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and
(e) collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (4)(a) through (4)(d);
(5) actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $9,500; and
(6) actions for the collection of a license fee required by an ordinance of the city or town.
History: En. Sec. 4912, Pol. C. 1895; re-en. Sec. 3298, Rev. C. 1907; re-en. Sec. 5089, R.C.M. 1921; Cal. Pol. C. Sec. 4427; re-en. Sec. 5089, R.C.M. 1935; amd. Sec. 5, Ch. 344, L. 1977; R.C.M. 1947, 11-1603; amd. Sec. 27, Ch. 21, L. 1979; amd. Sec. 6, Ch. 409, L. 1979; amd. Sec. 1, Ch. 348, L. 1985; amd. Sec. 3, Ch. 307, L. 1991; amd. Sec. 3, Ch. 284, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-104. Exceptions to civil jurisdiction

3-11-104. Exceptions to civil jurisdiction.
City courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.
History: En. Sec. 7, Ch. 409, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-109. Powers and duties of city court of record

3-11-109. Powers and duties of city court of record.
(1) Except as otherwise provided by Title 25, chapter 30, and this chapter, the judge in a city court of record has, in matters within its jurisdiction, all the powers and duties of district judges in like cases. The judge may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.
(2) The city court of record shall establish rules for appeal to district court. The rules are subject to the supreme court's rulemaking and supervisory authority.
History: En. Sec. 3, Ch. 38, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 1. Creation and Jurisdiction › 3-11-110. Appeal to district court from city court of record -- record on appeal

3-11-110. Appeal to district court from city court of record -- record on appeal.
(1) A party may appeal to district court a judgment or order from a city court of record. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority.
(2) The record on appeal to district court consists of an electronic recording or stenographic transcription of a case tried, together with all papers filed in the action.
(3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the court from which the appeal was taken.
(4) Unless the supreme court establishes rules for appeal from a city court of record to the district court, the Montana Uniform Municipal Court Rules of Appeal to District Court, codified in Title 25, chapter 30, apply to appeals to district court from the city court of record.
History: En. Sec. 4, Ch. 38, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-201. Number of judges -- term of office

3-11-201. Number of judges -- term of office.
(1) The governing body of a city may determine by ordinance the number of judges required to operate the city court.
(2) An elected or appointed city judge shall hold office for a term of 4 years and until the qualification of a successor.
(3) A justice of the peace designated to act as city judge for a city or town under 3-11-205 shall serve as city judge for the duration of the justice of the peace's term as justice of the peace or until the agreement provided for in 3-11-205 terminates.
History: En. Sec. 4, p. 122, L. 1893; amd. Sec. 4748, Pol. C. 1895; re-en. Sec. 3224, Rev. C. 1907; re-en. Sec. 5003, R.C.M. 1921; amd. Sec. 1, Ch. 60, L. 1935; re-en. Sec. 5003, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 1, Ch. 343, L. 1971; R.C.M. 1947, 11-709(part); amd. Sec. 377, Ch. 571, L. 1979; amd. Sec. 3, Ch. 269, L. 1981; amd. Sec. 1, Ch. 416, L. 1983; amd. Sec. 3, Ch. 543, L. 1987; amd. Sec. 3, Ch. 292, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-202. Salary -- qualifications

3-11-202. Salary -- qualifications.
(1) A city judge, at the time of election or appointment must:
(a) meet the qualifications of a justice of the peace under 3-10-202;
(b) be a resident of the county in which the city or town is located; and
(c) satisfy any additional qualifications prescribed by ordinance.
(2) The annual salary and compensation of city judges must be fixed by ordinance or resolution.
(3) Each city judge shall receive actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503, incurred in the performance of official duties.
History: En. Sec. 4765, Pol. C. 1895; re-en. Sec. 3241, Rev. C. 1907; amd. Sec. 1, Ch. 61, L. 1919; re-en. Sec. 5020, R.C.M. 1921; re-en. Sec. 5020, R.C.M. 1935; amd. Sec. 2, Ch. 76, L. 1953; amd. Sec. 2, Ch. 179, L. 1961; amd. Sec. 2, Ch. 158, L. 1965; amd. Sec. 1, Ch. 186, L. 1967; R.C.M. 1947, 11-726; amd. Sec. 12, Ch. 528, L. 1979; amd. Sec. 4, Ch. 543, L. 1987; amd. Sec. 1, Ch. 300, L. 1989; amd. Sec. 201, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-203. When substitute for judge called in

3-11-203. When substitute for judge called in.
(1) The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is:
(a) a party in a case;
(b) interested in a case;
(c) the spouse of or related to either party in a case by consanguinity or affinity within the sixth degree; or
(d) sick, absent, or unable to act.
(2) The city judge may call in a city judge, justice of the peace, or some qualified person to act in the city judge's place when a disqualifying affidavit is filed against the judge pursuant to the supreme court's rules on disqualification and substitution of judges.
(3) A city judge of any city or a justice of the peace of any county may sit as city judge at the city judge's request.
History: En. Sec. 4913, Pol. C. 1895; re-en. Sec. 3299, Rev. C. 1907; re-en. Sec. 5090, R.C.M. 1921; Cal. Pol. C. Sec. 4428; re-en. Sec. 5090, R.C.M. 1935; amd. Sec. 2, Ch. 420, L. 1975; amd. Sec. 7, Ch. 344, L. 1977; R.C.M. 1947, 11-1604; amd. Sec. 28, Ch. 21, L. 1979; amd. Sec. 5, Ch. 543, L. 1987; amd. Sec. 202, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-204. Training sessions for judges

3-11-204. Training sessions for judges.
(1) There must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed city judges. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503, and the costs of registration and books and other materials must be paid to the elected or appointed judge for attending the sessions. Whenever the office of city judge is held by a justice of the peace, the costs imposed by this subsection are the joint responsibility of the county and the municipality, with the costs to be allocated and charged in proportion to the work done for each governmental entity. In all other cases, the costs must be paid by the city or town in which the judge holds or will hold court and must be charged against that city or town.
(2) Each city judge shall attend the training sessions. Failure to attend disqualifies the judge from office and creates a vacancy in the office. However, the supreme court may excuse a city judge from attendance because of illness, a death in the family, or any other good cause.
History: En. Sec. 80, C. Civ. Proc. 1895; re-en. Sec. 6289, Rev. C. 1907; re-en. Sec. 8843, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 121; re-en. Sec. 8843, R.C.M. 1935; amd. Sec. 3, Ch. 165, L. 1975; R.C.M. 1947, 93-411(2); amd. Sec. 2, Ch. 466, L. 1979; amd. Sec. 13, Ch. 528, L. 1979; amd. Sec. 203, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-205. Justice of the peace or judge of another city as city judge

3-11-205. Justice of the peace or judge of another city as city judge.
(1) In a town or third-class city, the council may designate a justice of the peace or the city judge of another city or town to act as city judge. The justice of the peace or city judge must reside in the county in which the town or city is situated. The city or town may by ordinance fix the funding for the judge and enter into an agreement with the county, the other city or town, or the justice of the peace or the judge for payment of salaries and training expenses. The justice of the peace or other city judge shall, after agreeing to the designation and after approval by the board of county commissioners or governing body of the city or town, act in that capacity and is the city judge in all cases arising out of violations of statutes or ordinances. If the justice of the peace or city judge of another city or town is required to travel from the justice's or judge's place of residence to hold court, the justice or judge must be paid the actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503, by the town or city in which the court is held.
(2) The offices of city judge and justice of the peace may be combined if a justice of the peace is authorized in a city pursuant to 3-10-101.
History: (1)En. Sec. 4766, Pol. C. 1895; re-en. Sec. 3242, Rev. C. 1907; re-en. Sec. 5021, R.C.M. 1921; re-en. Sec. 5021, R.C.M. 1935; amd. Sec. 5, Ch. 491, L. 1973; amd. Sec. 1, Ch. 420, L. 1975; R.C.M. 1947, 11-727; amd. Sec. 29, Ch. 21, L. 1979; amd. Sec. 14, Ch. 528, L. 1979; (2)En. Sec. 2, Ch. 56, L. 1981; amd. Sec. 4, Ch. 269, L. 1981; amd. Sec. 1, Ch. 423, L. 1987; amd. Sec. 2, Ch. 300, L. 1989; amd. Sec. 204, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 2. City Judges › 3-11-206. City to provide facilities -- conduct of court business -- electronic filing and storage of court records

3-11-206. City to provide facilities -- conduct of court business -- electronic filing and storage of court records.
(1) The governing body of the city in which the judge has been elected or appointed:
(a) shall provide for the city court:
(i) the office space, courtroom, and clerical assistance necessary to enable the judge and the clerk of city court, if any, to conduct business in dignified surroundings;
(ii) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary for the proper keeping of the records and files of the court and the transaction of business; and
(iii) one copy of the latest edition of the Montana Code Annotated and all official supplements or immediate access to the code and supplements; and
(b) may provide a clerk of city court.
(2) The provisions of 3-6-302(1) and 3-6-303 concerning conduct of municipal court business apply to the city court.
(3) The records of the court may be kept by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to paper records.
History: En. Sec. 4, Ch. 466, L. 1979; amd. Sec. 2, Ch. 348, L. 1985; amd. Sec. 10, Ch. 174, L. 1995; amd. Sec. 2, Ch. 6, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 3. Procedure in City Courts › 3-11-301. City attorney to prosecute

3-11-301. City attorney to prosecute.
Except as provided in 46-17-203, the city attorney must prosecute all cases for the violation of any ordinance and prosecute, conduct, and control all proceedings in cases mentioned in 3-11-103, both in the city court and on appeal from the city court to the district court.
History: En. Sec. 4917, Pol. C. 1895; re-en. Sec. 3303, Rev. C. 1907; re-en. Sec. 5094, R.C.M. 1921; re-en. Sec. 5094, R.C.M. 1935; R.C.M. 1947, 11-1608; amd. Sec. 2, Ch. 277, L. 1989.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 3. Procedure in City Courts › 3-11-302. Who named as plaintiff

3-11-302. Who named as plaintiff.
(1) A criminal action brought for violation of a city or town ordinance must be brought in the name of the city or town as the plaintiff and against the accused as the defendant.
(2) A criminal action brought for violation of a state law within the city or town may be brought either in the name of the state of Montana as the plaintiff or in the name of the city or town as the plaintiff and must be brought against the accused as the defendant.
(3) A criminal action brought for violation of a state law within the county and within its concurrent jurisdiction with the justice's court must be brought in the name of the state of Montana as the plaintiff and against the accused as the defendant.
(4) A civil action brought in the city court must be prosecuted or defended in the same manner as a civil action in justices' courts under the Montana Justice and City Court Rules of Civil Procedure (Title 25, chapter 23).
History: En. 11-1603.1 by Sec. 6, Ch. 344, L. 1977; R.C.M. 1947, 11-1603.1; amd. Sec. 1, Ch. 108, L. 1983; amd. Sec. 6, Ch. 543, L. 1987; amd. Sec. 4, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 11. City Courts › Part 3. Procedure in City Courts › 3-11-303. Contempts city judge may punish for -- procedure

3-11-303. Contempts city judge may punish for -- procedure.
(1) A city judge may punish for contempt persons guilty of only the following acts:
(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(b) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the judge or in the immediate vicinity of the court held by the judge tending to interrupt the due course of a trial or other judicial proceeding;
(c) disobedience or resistance to the execution of a lawful order or process made or issued by the judge;
(d) disobedience to a subpoena served or refusal to be sworn or to answer as a witness;
(e) rescuing any person or property in the custody of an officer by virtue of an order or process of the court.
(2) The procedures contained in 3-1-501(3) and (4), 3-1-511 through 3-1-518, and 3-1-520 through 3-1-523 apply.
History: En. Sec. 3, Ch. 466, L. 1979; amd. Sec. 7, Ch. 496, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-101. Purpose -- liberal construction

3-12-101. Purpose -- liberal construction.
It is the purpose of this chapter to provide a speedy remedy in claims falling under this chapter and to promote a forum in which the claims may be heard and disposed of without the necessity of formal trial. For this reason, the provisions of this chapter should be liberally construed to provide an informal but equitable means of justice, and the judges appointed under this chapter are required to assist all parties before them to obtain substantial justice.
History: En. 93-328 by Sec. 7, Ch. 519, L. 1975; R.C.M. 1947, 93-328; amd. Sec. 2, Ch. 241, L. 1997.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-102. Small claims court authorized

3-12-102. Small claims court authorized.
There may be created within the jurisdiction of the district court of any county of the state of Montana a separate court, known as the "small claims court".
History: En. 93-322 by Sec. 1, Ch. 519, L. 1975; R.C.M. 1947, 93-322.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-103. Creation of court

3-12-103. Creation of court.
(1) A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which the county is located or by county initiative as provided in Title 7, chapter 5, part 1.
(2) Upon passage of the resolution or initiative, the judge of the appropriate judicial district shall, by court order, establish a small claims court under the provisions of this chapter.
(3) When the order is filed with the clerk of the district court of the appropriate county, the clerk of the district court becomes the clerk of the small claims court.
History: En. 93-323 by Sec. 2, Ch. 519, L. 1975; R.C.M. 1947, 93-323; amd. Sec. 30, Ch. 21, L. 1979; amd. Sec. 378, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-104. Duration of court

3-12-104. Duration of court.
A small claims court created under this chapter continues in existence until abolished by the same means by which it was formed under 3-12-103. Any small claims court may be abolished by county initiative as provided in 3-12-103.
History: En. 93-324 by Sec. 3, Ch. 519, L. 1975; R.C.M. 1947, 93-324.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-105. Location -- hours

3-12-105. Location -- hours.
(1) The small claims court shall be located in the appropriate district and shall be open as required by the district judge.
(2) In the event that more than one small claims court judge has been appointed, the judges so appointed may divide their responsibility hereunder.
History: En. 93-326 by Sec. 5, Ch. 519, L. 1975; R.C.M. 1947, 93-326(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-106. Repealed

3-12-106. Repealed.
Sec. 3, Ch. 241, L. 1997.
History: En. 93-329 by Sec. 8, Ch. 519, L. 1975; R.C.M. 1947, 93-329; amd. Sec. 2, Ch. 438, L. 1989; amd. Sec. 8, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 1. General Provisions › 3-12-107. Procedure

3-12-107. Procedure.
A small claims court created under this chapter shall follow the small claims procedure used in justice's court, as provided in Title 25, chapter 35.
History: En. Sec. 1, Ch. 241, L. 1997.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 2. Small Claims Court Judge › 3-12-201. Appointment -- salary and expenses -- qualifications

3-12-201. Appointment -- salary and expenses -- qualifications.
(1) The judges of the judicial district in which a small claims court has been created shall appoint a judge of the small claims court who shall:
(a) take the oath required of judges;
(b) serve at the pleasure of the district court judges;
(c) be paid a salary set by the district court judges and actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503; and
(d) be an attorney licensed to practice law in Montana.
(2) The judges of the district court may appoint more than one small claims court judge for any small claims court. The salary shall be prorated among the judges appointed.
History: En. 93-325 by Sec. 4, Ch. 519, L. 1975; amd. Sec. 25, Ch. 344, L. 1977; R.C.M. 1947, 93-325; amd. Sec. 15, Ch. 528, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 2. Small Claims Court Judge › 3-12-202. Assistance to claimants

3-12-202. Assistance to claimants.
The small claims court judge shall assist any claimant in preparing an affidavit or may direct the clerk of court to provide such assistance.
History: En. 93-326 by Sec. 5, Ch. 519, L. 1975; R.C.M. 1947, 93-326(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 12. Small Claims Courts › Part 2. Small Claims Court Judge › 3-12-203. Judge in multicounty district

3-12-203. Judge in multicounty district.
(1) When there is more than one county in the judicial district and the county commissioners of more than one county in that district create small claims courts, the district court judges may provide that the same judge of small claims court may preside over more than one of the small claims courts in the judicial district.
(2) In the cases described in subsection (1), the salary of the small claims court judge must be prorated among the counties in which the judge presides.
(3) The judge is entitled to collect mileage for the distance actually traveled when required to convene small claims court in more than one county, pursuant to 2-18-503.
History: En. 93-327 by Sec. 6, Ch. 519, L. 1975; R.C.M. 1947, 93-327; amd. Sec. 205, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 15. Juries and Jurors › Part 1. Juries -- Definitions and Composition › 3-15-101. Jury defined

3-15-101. Jury defined.
A jury is a body of persons temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense or to try a question of fact.
History: En. Sec. 220, C. Civ. Proc. 1895; re-en. Sec. 6330, Rev. C. 1907; re-en. Sec. 8883, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 190; re-en. Sec. 8883, R.C.M. 1935; amd. Sec. 1, Ch. 203, L. 1939; R.C.M. 1947, 93-1201.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 15. Juries and Jurors › Part 1. Juries -- Definitions and Composition › 3-15-102. Kinds of juries

3-15-102. Kinds of juries.
Juries are of three kinds:
(1) grand juries;
(2) trial juries;
(3) juries of inquest.
History: En. Sec. 221, C. Civ. Proc. 1895; re-en. Sec. 6331, Rev. C. 1907; re-en. Sec. 8884, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 191; re-en. Sec. 8884, R.C.M. 1935; R.C.M. 1947, 93-1202.