reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-312. Repealed

37-60-312. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. 66-3329 by Sec. 29, Ch. 234, L. 1974; R.C.M. 1947, 66-3329; amd. Sec. 21, Ch. 550, L. 1983; amd. Sec. 11, Ch. 63, L. 1987; amd. Sec. 117, Ch. 429, L. 1995; amd. Sec. 53, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-313. Repealed

37-60-313. Repealed.
Sec. 34, Ch. 550, L. 1983.
History: En. 66-3330 by Sec. 30, Ch. 234, L. 1974; amd. Sec. 1, Ch. 42, L. 1975; R.C.M. 1947, 66-3330.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-314. Nontransferability of license -- record changes

37-60-314. Nontransferability of license -- record changes.
(1) A license issued under this chapter is not transferable.
(2) A licensee shall notify the department within 5 days of any change in its officers or directors, name, address, employment, or other material change in the information previously furnished or required to be furnished to the department or any other material change or occurrence that could reasonably be expected to affect the licensee's right to a license. On the change or occurrence, the department may suspend or revoke the license or may allow the business to be carried on for a temporary period under terms and conditions as the department may require.
(3) This section may not be applied to restrict the sale of a business if the buyer qualifies for a license under the provisions of this chapter.
History: En. 66-3317 by Sec. 17, Ch. 234, L. 1974; R.C.M. 1947, 66-3317; amd. Sec. 22, Ch. 550, L. 1983; amd. Sec. 37, Ch. 502, L. 2007; amd. Sec. 11, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-315. Repealed

37-60-315. Repealed.
Sec. 50, Ch. 502, L. 2007.
History: En. Sec. 1, Ch. 360, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-320. Fees

37-60-320. Fees.
(1) The fees collected by the department must be deposited in the state special revenue fund established to administer the provisions of this chapter, subject to 37-1-101(6).
(2) The department shall keep an accurate account of funds received and vouchers issued by the department.
History: En. Sec. 19, Ch. 550, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 12, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-321. Repealed

37-60-321. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-3327 by Sec. 27, Ch. 234, L. 1974; R.C.M. 1947, 66-3327; amd. Sec. 23, Ch. 550, L. 1983; amd. Sec. 12, Ch. 63, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-322. Repealed

37-60-322. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 24, Ch. 550, L. 1983; amd. Sec. 13, Ch. 63, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-401. Responsibility of licensee for conduct of employees

37-60-401. Responsibility of licensee for conduct of employees.
A licensee is at all times legally responsible for the good conduct in the business of each employee, including the manager.
History: En. 66-3318 by Sec. 18, Ch. 234, L. 1974; R.C.M. 1947, 66-3318; amd. Sec. 1422, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-402. Confidentiality of information -- false reports -- badges and uniforms -- illegal entry

37-60-402. Confidentiality of information -- false reports -- badges and uniforms -- illegal entry.
(1) A licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or county attorney or representative of the county attorney any information that the licensee or officer, director, partner, or manager of a licensee may acquire as to any criminal offense but may not divulge to any other person, except as required by law, any information acquired except at the direction of the employer or client for whom the information was obtained.
(2) A licensee or officer, director, partner, manager, or employee of a licensee may not knowingly make any false report to an employer or client for whom information was being obtained.
(3) A written report may not be submitted to a client except by the licensee or a person authorized by the licensee, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(4) A licensee or officer, director, partner, manager, or employee of a licensee may not use a title, wear a uniform, use an identification card, or make any statement with the intent to give an impression that the licensee or officer, director, partner, manager, or employee of a licensee is connected in any way with the federal government, a state government, a law enforcement agency, or any political subdivision of a state government unless the licensee has a contract with the agency.
(5) A licensee or officer, director, partner, manager, or employee of a licensee may not enter any private building or portion of a private building without the consent of the owner or of the person in legal possession of the private building.
History: En. 66-3319 by Sec. 19, Ch. 234, L. 1974; amd. Sec. 29, Ch. 101, L. 1977; R.C.M. 1947, 66-3319; amd. Sec. 25, Ch. 550, L. 1983; amd. Sec. 38, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-403. Licensee advertising

37-60-403. Licensee advertising.
Every advertisement by a licensee soliciting or advertising business must contain the licensee's name, address, and license number as they appear in the records of the department.
History: En. 66-3321 by Sec. 21, Ch. 234, L. 1974; R.C.M. 1947, 66-3321; amd. Sec. 26, Ch. 550, L. 1983; amd. Sec. 39, Ch. 502, L. 2007; amd. Sec. 13, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-404. Duty to maintain records

37-60-404. Duty to maintain records.
Each private security firm, electronic security firm, and private investigator shall maintain and produce, on department request, employment and training records as prescribed by department rule.
History: En. 66-3320 by Sec. 20, Ch. 234, L. 1974; R.C.M. 1947, 66-3320; amd. Sec. 27, Ch. 550, L. 1983; amd. Sec. 1423, Ch. 56, L. 2009; amd. Sec. 14, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-405. Approval of weapons

37-60-405. Approval of weapons.
The weapons to be carried by armed licensees or holders of identification cards as private security personnel or private investigators must be approved by the department.
History: En. 66-3328 by Sec. 28, Ch. 234, L. 1974; R.C.M. 1947, 66-3328; amd. Sec. 28, Ch. 550, L. 1983; amd. Sec. 14, Ch. 63, L. 1987; amd. Sec. 19, Ch. 405, L. 2007; amd. Sec. 15, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-406. Repealed

37-60-406. Repealed.
Sec. 50, Ch. 502, L. 2007.
History: En. Sec. 29, Ch. 550, L. 1983; amd. Sec. 15, Ch. 63, L. 1987; amd. Sec. 255, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-407. Regulation of uniforms, badges, and equipment

37-60-407. Regulation of uniforms, badges, and equipment.
(1) The department shall establish rules regulating uniforms, badges, identification cards, emblems, patches, insignias, or other devices that may be worn or displayed on uniforms, vehicles, or equipment used by any private security firm, electronic security firm, or private investigator.
(2) The department shall design the rules to clearly distinguish any licensee conducting private security functions and avoid confusion with government law enforcement personnel.
History: En. Sec. 30, Ch. 550, L. 1983; amd. Sec. 16, Ch. 63, L. 1987; amd. Sec. 16, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-408. Restrictions on use of certain automatic dial-up systems

37-60-408. Restrictions on use of certain automatic dial-up systems.
No person may install or use a security alarm system designed to automatically call a predetermined law enforcement telephone number without written permission from the chief law enforcement officer of the local government in which the alarm system is installed.
History: En. Sec. 1, Ch. 240, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-409. Installation of new security alarm systems by electrician

37-60-409. Installation of new security alarm systems by electrician.
An electrician who has received a license from the department pursuant to 37-68-301 may install new security alarm systems under the direction of a licensed security alarm installer. Work performed by an electrician under this section is subject to inspection and approval by a security alarm installer licensed under 37-60-303.
History: En. Sec. 9, Ch. 647, L. 1985; amd. Sec. 40, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 4. Provisions Regulating Practice › 37-60-411. Repealed

37-60-411. Repealed.
Sec. 11, Ch. 366, L. 2023.
History: En. Sec. 31, Ch. 550, L. 1983; amd. Sec. 17, Ch. 63, L. 1987; amd. Sec. 118, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 1. Licensing Authorities › 37-61-101. Repealed

37-61-101. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 396, C. Civ. Proc. 1895; re-en. Sec. 6387, Rev. C. 1907; re-en. Sec. 8942, R.C.M. 1921; re-en. Sec. 8942, R.C.M. 1935; R.C.M. 1947, 93-2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 1. Licensing Authorities › 37-61-102. Attorneys' examining board -- appointment, quorum, and powers

37-61-102. Attorneys' examining board -- appointment, quorum, and powers.
(1) The supreme court shall appoint members of the bar of this state, in good standing, as an examining board to conduct and assist in conducting the examination of applicants for admission to the bar. The board may not exceed seven members. The court may release, dismiss, or remove any member of the board and appoint other members at any time.
(2) A majority of the board is a quorum and may conduct examinations.
(3) The board shall perform the duties and render assistance in the examinations of applicants as prescribed by the court and is governed and controlled by the rules that the court may prescribe.
History: En. Sec. 5, Ch. 90, L. 1917; re-en. Sec. 8948, R.C.M. 1921; re-en. Sec. 8948, R.C.M. 1935; R.C.M. 1947, 93-2013; amd. Sec. 1, Ch. 221, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 1. Licensing Authorities › 37-61-103. Compensation and expenses of members of board

37-61-103. Compensation and expenses of members of board.
The members of said board shall be entitled to their travel expenses in attending meetings of said board and in conducting such examination and also when away from their homes or places of residence, as provided for in 2-18-501 through 2-18-503, and shall be paid such compensation for services performed by them as members of said board as may be fixed and determined by the supreme court.
History: En. Sec. 6, Ch. 90, L. 1917; re-en. Sec. 8949 R.C.M. 1921; re-en. Sec. 8949, R.C.M. 1935; amd. Sec. 82, Ch. 147, L. 1963; amd. Sec. 63, Ch. 439, L. 1975; R.C.M. 1947, 93-2014.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-201. Who considered to be practicing law

37-61-201. Who considered to be practicing law.
Any person who holds out to the public or advertises as an attorney or who appears in any court of record or before a judicial body, referee, commissioner, or other officer appointed to determine any question of law or fact by a court or who engages in the business and duties and performs acts, matters, and things that are usually done or performed by an attorney at law in the practice of that profession for the purposes of parts 1 through 3 of this chapter is considered to be practicing law.
History: En. Sec. 1, Ch. 90, L. 1917; re-en. Sec. 8944, R.C.M. 1921; re-en. Sec. 8944, R.C.M. 1935; R.C.M. 1947, 93-2009; amd. Sec. 1424, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-202. Repealed

37-61-202. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 390, C. Civ. Proc. 1895; re-en. Sec. 6381, Rev. C. 1907; re-en. Sec. 8936, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 275; re-en. Sec. 8936, R.C.M. 1935; amd. Sec. 11, Ch. 168, L. 1971; R.C.M. 1947, 93-2001(part); amd. Sec. 60, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-203. Clerk, sheriff, or coroner may not practice law

37-61-203. Clerk, sheriff, or coroner may not practice law.
The clerk, deputy clerk, sheriff, undersheriff, deputy sheriff, or coroner may not, during the continuance in office, practice as attorney in any court.
History: En. Sec. 429, C. Civ. Proc. 1895; re-en. Sec. 6421, Rev. C. 1907; re-en. Sec. 8992, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 171; re-en. Sec. 8992, R.C.M. 1935; R.C.M. 1947, 93-2119; amd. Sec. 1425, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-204. Repealed

37-61-204. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 391, C. Civ. Proc. 1895; re-en. Sec. 6382, Rev. C. 1907; amd. Sec. 1, Ch. 18, L. 1915; re-en. Sec. 8937, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 276; re-en. Sec. 8937, R.C.M. 1935; amd. Sec. 35, Ch. 101, L. 1977; R.C.M. 1947, 93-2002; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-205. Repealed

37-61-205. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 7, Ch. 90, L. 1917; re-en. Sec. 8950, R.C.M. 1921; re-en. Sec. 8950, R.C.M. 1935; amd. Sec. 83, Ch. 147, L. 1963; R.C.M. 1947, 93-2015; amd. Sec. 1, Ch. 220, L. 1983; amd. Sec. 1, Ch. 493, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-206. Repealed

37-61-206. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 392, C. Civ. Proc. 1895; re-en. Sec. 6383, Rev. C. 1907; re-en. Sec. 8938, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 277; re-en. Sec. 8938, R.C.M. 1935; R.C.M. 1947, 93-2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-207. Oath

37-61-207. Oath.
Every person on admission shall take an oath to support the Constitution of the United States and The Constitution of the State of Montana and to faithfully discharge the duties of an attorney with fidelity to the best of the person's knowledge and ability. A certificate of the oath must be endorsed upon the license and a duplicate filed with the clerk.
History: En. Sec. 393, C. Civ. Proc. 1895; re-en. Sec. 6384, Rev. C. 1907; re-en. Sec. 8939, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 278; re-en. Sec. 8939, R.C.M. 1935; R.C.M. 1947, 93-2004; amd. Sec. 1426, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-208. Repealed

37-61-208. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 394, C. Civ. Proc. 1895; re-en. Sec. 6385, Rev. C. 1907; amd. Sec. 1, Ch. 13, L. 1911; re-en. Sec. 8940, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 279; re-en. Sec. 8940, R.C.M. 1935; R.C.M. 1947, 93-2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-209. Repealed

37-61-209. Repealed.
Sec. 1, Ch. 198, L. 1999.
History: En. Sec. 395, C. Civ. Proc. 1895; re-en. Sec. 6386, Rev. C. 1907; re-en. Sec. 8941, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 280; re-en. Sec. 8941, R.C.M. 1935; R.C.M. 1947, 93-2006.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-210. Penalty for practicing without license

37-61-210. Penalty for practicing without license.
If any person practices law in any court, except a justice's court or a city court, without having received a license as attorney, the person is guilty of a contempt of court.
History: En. Sec. 397, C. Civ. Proc. 1895; re-en. Sec. 6388, Rev. C. 1907; re-en. Sec. 8943, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 281; re-en. Sec. 8943, R.C.M. 1935; R.C.M. 1947, 93-2008; amd. Sec. 1427, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-211. Annual license tax -- municipal tax prohibited

37-61-211. Annual license tax -- municipal tax prohibited.
(1) An attorney or counselor at law admitted by the supreme court of the state to practice within the state is required to pay a license tax of $25 a year. The tax is payable to and collected by the clerk of the supreme court on or before April 1 of each year.
(2) Upon the payment of the tax, the clerk shall issue and deliver a certificate to the person paying the tax, certifying to the payment of the license tax and stating the period covered by the payment.
(3) The tax collections must be allocated to the supreme court for operations of the following commissions or other entities:
(a) commission on code of judicial conduct;
(b) commission on courts of limited jurisdiction;
(c) commission on practice;
(d) commission on technology;
(e) district court council;
(f) judicial nomination commission;
(g) judicial standards commission;
(h) sentence review division; and
(i) uniform district court rules commission.
(4) A license tax may not be imposed on attorneys by a municipality or any other subdivision of the state.
History: En. Sec. 2, Ch. 90, L. 1917; re-en. Sec. 8945, R.C.M. 1921; re-en. Sec. 8945, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1961; R.C.M. 1947, 93-2010; amd. Sec. 1, Ch. 379, L. 1989; amd. Sec. 1, Ch. 420, L. 2005; amd. Sec. 1, Ch. 7, L. 2013.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-212. Collection of delinquent license tax

37-61-212. Collection of delinquent license tax.
If any practicing attorney or counselor at law shall fail, neglect, or refuse to pay to the clerk of the supreme court the license tax imposed by this chapter for a period of 30 days after the same is due and payable, it shall be the duty of the clerk of the supreme court to take such action for the collection of the same as is required of the county treasurer in cases of nonpayment of other licenses, as provided by 7-21-2116, and the provisions of 7-21-2115 through 7-21-2117 shall control in said proceedings so far as the same are applicable thereto.
History: En. Sec. 16, Ch. 90, L. 1917; re-en. Sec. 8959, R.C.M. 1921; re-en. Sec. 8959, R.C.M. 1935; R.C.M. 1947, 93-2024.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-213. Disposition of license tax

37-61-213. Disposition of license tax.
All moneys so collected during any month shall, on or before the first day of the succeeding month, be delivered to and deposited with the state treasurer by the clerk of the supreme court, and the state treasurer shall deposit such moneys in the general fund.
History: En. Sec. 3, Ch. 90, L. 1917; re-en. Sec. 8946, R.C.M. 1921; re-en. Sec. 8946, R.C.M. 1935; amd. Sec. 81, Ch. 147, L. 1963; R.C.M. 1947, 93-2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-214. Penalty for practicing without certificate indicating payment of tax

37-61-214. Penalty for practicing without certificate indicating payment of tax.
An attorney may not practice or be permitted to practice in any of the courts of record in this state until the attorney has paid a license tax for the current fiscal year and procured a certificate, as provided in 37-61-211, and any attorney violating this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.
History: En. Sec. 4, Ch. 90, L. 1917; re-en. Sec. 8947, R.C.M. 1921; re-en. Sec. 8947, R.C.M. 1935; R.C.M. 1947, 93-2012; amd. Sec. 1428, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 2. Licensing › 37-61-215. Allowance of attorney fees to unlicensed persons forbidden -- authorized paralegal fees

37-61-215. Allowance of attorney fees to unlicensed persons forbidden -- authorized paralegal fees.
(1) It is unlawful for any court within this state to allow attorney fees in any action or proceeding before the court in which attorney fees are allowed by law to either party to an action or proceeding when the party is represented by anyone other than a duly admitted or licensed attorney at law.
(2) This section does not prevent the award of paralegal fees as a component of attorney fees as provided in 25-10-304.
History: En. Sec. 15, Ch. 90, L. 1917; re-en. Sec. 8958, R.C.M. 1921; re-en. Sec. 8958, R.C.M. 1935; R.C.M. 1947, 93-2023; amd. Sec. 4, Ch. 443, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-301. Disbarment

37-61-301. Disbarment.
(1) The supreme court of the state has exclusive jurisdiction to remove or suspend attorneys at law.
(2) An attorney may be removed or suspended for any of the following causes arising after admission to practice:
(a) conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence;
(b) willful disobedience or violation of an order of the court requiring the individual to do or forbear an act connected with or in the course of the legal profession that the individual ought in good faith to do or forbear and any violation of the oath taken by the individual or of the duties as an attorney;
(c) corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;
(d) lending the attorney's name to be used as attorney by another person who is not an attorney;
(e) being guilty of deceit, malpractice, crime, or misdemeanor involving moral turpitude.
History: En. Sec. 402, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 36, L. 1903; re-en. Sec. 6393, Rev. C. 1907; re-en. Sec. 8961, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 287; re-en. Sec. 8961, R.C.M. 1935; R.C.M. 1947, 93-2026(part); amd. Sec. 1429, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-302. Record of conviction

37-61-302. Record of conviction.
In case of the conviction of an attorney and counselor of a felony or misdemeanor involving moral turpitude, the clerk of the court in which such conviction is had shall, within 30 days thereafter, transmit to the supreme court a certified copy of the record of conviction.
History: En. Sec. 417, C. Civ. Proc. 1895; re-en. Sec. 6409, Rev. C. 1907; re-en. Sec. 8962, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 288; re-en. Sec. 8962, R.C.M. 1935; R.C.M. 1947, 93-2027.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-303. Proceedings required on receipt of record of conviction

37-61-303. Proceedings required on receipt of record of conviction.
The proceedings to remove or suspend an attorney and counselor under 37-61-301(2)(a) must be taken by the court on the receipt of a certified copy of the record of conviction. The proceedings under 37-61-301(2)(b), (2)(c), or (2)(d) may be taken by the court for the matters within its knowledge or may be taken upon the information of another.
History: En. Sec. 418, C. Civ. Proc. 1895; re-en. Sec. 6410, Rev. C. 1907; re-en. Sec. 8963, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 289; re-en. Sec. 8963, R.C.M. 1935; R.C.M. 1947, 93-2028.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-304. Repealed

37-61-304. Repealed.
Sec. 1, Ch. 388, L. 1983.
History: En. Sec. 8, Ch. 90, L. 1917; re-en. Sec. 8951, R.C.M. 1921; re-en. Sec. 8951, R.C.M. 1935; R.C.M. 1947, 93-2016.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-305. Repealed

37-61-305. Repealed.
Sec. 1, Ch. 388, L. 1983.
History: En. Sec. 9, Ch. 90, L. 1917; re-en. Sec. 8952, R.C.M. 1921; re-en. Sec. 8952, R.C.M. 1935; R.C.M. 1947, 93-2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-306. Repealed

37-61-306. Repealed.
Sec. 1, Ch. 388, L. 1983.
History: En. Sec. 10, Ch. 90, L. 1917; re-en. Sec. 8953, R.C.M. 1921; re-en. Sec. 8953, R.C.M. 1935; R.C.M. 1947, 93-2018.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-307. Supreme court to make procedural rules -- referees

37-61-307. Supreme court to make procedural rules -- referees.
(1) The supreme court may make rules regulating pleadings, practice, and procedure in such action or proceeding; and in the absence of such rules, the law relating to pleadings, practice, and procedure in civil actions, so far as applicable, shall control.
(2) The court may order a reference as authorized by Rule 53, M.R.Civ.P.; and in the event of a reference, the referee or referees shall have the powers provided in such rule and shall receive such compensation as shall be fixed and allowed by the supreme court.
History: En. Sec. 11, Ch. 90, L. 1917; re-en. Sec. 8954, R.C.M. 1921; re-en. Sec. 8954, R.C.M. 1935; R.C.M. 1947, 93-2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-308. Witness fees and expenses

37-61-308. Witness fees and expenses.
Witnesses on behalf of the complainant in any such action or proceeding shall be entitled to the fees and mileage provided by law for witnesses in civil actions in the district court.
History: En. Sec. 12, Ch. 90, L. 1917; re-en. Sec. 8955, R.C.M. 1921; re-en. Sec. 8955, R.C.M. 1935; amd. Sec. 84, Ch. 147, L. 1963; R.C.M. 1947, 93-2020.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 3. Disbarment and Suspension › 37-61-309. Judgment

37-61-309. Judgment.
Upon conviction, in cases arising under 37-61-301(2)(a), the judgment of the court must be that the name of the party be stricken from the roll of attorneys of the court and that the party be precluded from practicing as an attorney in all the courts of this state. Upon conviction in cases under the other subsections of that section, the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right to practice as attorney in the courts of this state permanently or for a limited period.
History: En. Sec. 428, C. Civ. Proc. 1895; re-en. Sec. 6420, Rev. C. 1907; re-en. Sec. 8973, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 299; re-en. Sec. 8973, R.C.M. 1935; R.C.M. 1947, 93-2038; amd. Sec. 1430, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-401. Authority of attorney

37-61-401. Authority of attorney.
(1) An attorney has authority to:
(a) bind the attorney's client in any steps of an action or proceeding by agreement filed with the clerk or entered upon the minutes of the court and not otherwise;
(b) receive money claimed by the attorney's client in an action or proceeding during the pendency of an action or proceeding or after judgment unless a revocation of authority is filed and, upon the payment of the money and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.
(2) The death of a party to an action or proceeding does not revoke the authority of the party's attorney of record in the action or proceeding, but the authority of the attorney is continued in all respects the same and with like effect as it was prior to the death of the party until the attorney withdraws the attorney's appearance in the action or proceeding or some other attorney is substituted or the original attorney's authority is otherwise terminated and entry of the substitution or termination is made in the record of the action or proceeding.
History: En. Sec. 398, C. Civ. Proc. 1895; re-en. Sec. 6389, Rev. C. 1907; amd. Sec. 1, Ch. 35, L. 1915; re-en. Sec. 8974, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 283; re-en. Sec. 8974, R.C.M. 1935; R.C.M. 1947, 93-2101; amd. Sec. 1431, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-402. Production of proof of authority to court

37-61-402. Production of proof of authority to court.
The court or judge, on motion of either party, may require the attorney of the adverse party to produce and prove the authority under which the attorney appears and may stay all proceedings until the authority is shown and may at any time summarily relieve a party from the consequences of the acts of an unauthorized attorney.
History: En. Sec. 431, C. Civ. Proc. 1895; re-en. Sec. 6423, Rev. C. 1907; re-en. Sec. 8994, R.C.M. 1921; re-en. Sec. 8994, R.C.M. 1935; R.C.M. 1947, 93-2121; amd. Sec. 1432, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-403. Change of attorney

37-61-403. Change of attorney.
The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:
(1) upon consent of both client and attorney, filed with the clerk or entered upon the minutes;
(2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.
History: En. Sec. 399, C. Civ. Proc. 1895; re-en. Sec. 6390, Rev. C. 1907; re-en. Sec. 8975, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 284; re-en. Sec. 8975, R.C.M. 1935; R.C.M. 1947, 93-2102.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-404. Notice of change

37-61-404. Notice of change.
When an attorney is changed as provided in 37-61-403, written notice of the change and the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party. Until then, the adverse party shall recognize the former attorney.
History: En. Sec. 400, C. Civ. Proc. 1895; re-en. Sec. 6391, Rev. C. 1907; re-en. Sec. 8976, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 285; re-en. Sec. 8976, R.C.M. 1935; R.C.M. 1947, 93-2103; amd. Sec. 1433, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-405. Death or removal of attorney

37-61-405. Death or removal of attorney.
When an attorney dies or is removed or suspended or ceases to act as an attorney, a party to an action for whom the attorney was acting as attorney must, before any further proceedings are had against the party, be required by the adverse party, by written notice, to appoint another attorney or appear in person.
History: En. Sec. 401, C. Civ. Proc. 1895; re-en. Sec. 6392, Rev. C. 1907; re-en. Sec. 8977, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 286; re-en. Sec. 8977, R.C.M. 1935; R.C.M. 1947, 93-2104; amd. Sec. 1434, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-406. Penalty for deceit

37-61-406. Penalty for deceit.
An attorney who is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or a party forfeits to the party injured by the deceit or collusion treble damages. The attorney is also guilty of a misdemeanor.
History: En. Sec. 403, C. Civ. Proc. 1895; re-en. Sec. 6395, Rev. C. 1907; re-en. Sec. 8978, R.C.M. 1921; Cal. Pen. C. Sec. 160; re-en. Sec. 8978, R.C.M. 1935; R.C.M. 1947, 93-2105; amd. Sec. 1435, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-407. Penalty for delay

37-61-407. Penalty for delay.
An attorney who willfully delays a client's cause with a view to the attorney's own gain or willfully receives money or an allowance for or on account of money that the attorney has not laid out or become answerable for forfeits to the party injured treble damages.
History: En. Sec. 404, C. Civ. Proc. 1895; re-en. Sec. 6396, Rev. C. 1907; re-en. Sec. 8979, R.C.M. 1921; Cal. Pen. C. Sec. 160; re-en. Sec. 8979, R.C.M. 1935; R.C.M. 1947, 93-2106; amd. Sec. 1436, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action

37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action.
(1) An attorney may not directly or indirectly buy or be in any manner interested in buying a bond, promissory note, bill of exchange, book debt, or other thing in action with the intent and for the purpose of bringing an action on that instrument or thing.
(2) An attorney may not, individually or by or in the name of another person, either before or after an action is brought, promise or give or procure to be promised or given a valuable consideration to any person as an inducement to placing or in consideration of having placed in the person's hands or in the hands of another person a demand of any kind for the purpose of bringing an action. This subsection does not apply to an agreement between attorneys to divide between themselves the compensation to be received.
History: (1)En. Sec. 405, C. Civ. Proc. 1895; re-en. Sec. 6397, Rev. C. 1907; re-en. Sec. 8980, R.C.M. 1921; Cal. Pen. C. Sec. 161; re-en. Sec. 8980, R.C.M. 1935; Sec. 93-2107, R.C.M. 1947; (2)En. Sec. 406, C. Civ. Proc. 1895; re-en. Sec. 6398, Rev. C. 1907; re-en. Sec. 8981, R.C.M. 1921; re-en. Sec. 8981, R.C.M. 1935; Sec. 93-2108, R.C.M. 1947; R.C.M. 1947, 93-2107, 93-2108(part); amd. Sec. 1437, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-409. Penalty for violation

37-61-409. Penalty for violation.
An attorney and counselor who violates 37-61-408 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.
History: En. Sec. 406, C. Civ. Proc. 1895; re-en. Sec. 6398, Rev. C. 1907; re-en. Sec. 8981, R.C.M. 1921; re-en. Sec. 8981, R.C.M. 1935; R.C.M. 1947, 93-2108(part); amd. Sec. 23, Ch. 22, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-410. Limitation

37-61-410. Limitation.
Sections 37-61-407 through 37-61-409 do not prohibit the receipt by an attorney or counselor of a bond, promissory note, bill of exchange, book debt, or other thing in action in payment for property sold or for services actually rendered or for a debt antecedently contracted or from buying or receiving a bill of exchange, draft, or other thing in action for the purpose of remittance and without intent to violate any of those sections.
History: En. Sec. 407, C. Civ. Proc. 1895; re-en. Sec. 6399, Rev. C. 1907; re-en. Sec. 8982, R.C.M. 1921; re-en. Sec. 8982, R.C.M. 1935; R.C.M. 1947, 93-2109.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-411. Same rule when party prosecutes in person

37-61-411. Same rule when party prosecutes in person.
Sections 37-61-407 through 37-61-410 apply to a person prosecuting an action in person who does an act which an attorney and counselor is therein forbidden to do.
History: En. Sec. 408, C. Civ. Proc. 1895; re-en. Sec. 6400, Rev. C. 1907; re-en. Sec. 8983, R.C.M. 1921; re-en. Sec. 8983, R.C.M. 1935; R.C.M. 1947, 93-2110.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-412. Partner of public prosecutor not to defend

37-61-412. Partner of public prosecutor not to defend.
An attorney may not:
(1) directly or indirectly advise concerning, aid, or take any part in the defense of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney general, county attorney, or other public prosecutor, by a person with whom the attorney is interested or connected, either directly or indirectly, as a law partner; or
(2) take or receive, directly or indirectly, from a defendant in a case described in subsection (1) or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, express or implied, having relation to a case described in subsection (1) or to the prosecution or defense of a case described in subsection (1).
History: En. Sec. 409, C. Civ. Proc. 1895; re-en. Sec. 6401, Rev. C. 1907; re-en. Sec. 8984, R.C.M. 1921; Cal. Pen. C. Sec. 162; re-en. Sec. 8984, R.C.M. 1935; R.C.M. 1947, 93-2111; amd. Sec. 1438, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-413. Former public prosecutors not to defend

37-61-413. Former public prosecutors not to defend.
An attorney and counselor who has brought, carried on, aided, advocated, or prosecuted or has been in anywise connected with an action or special proceeding, civil or criminal, as attorney general, county attorney, or other public prosecutor, must not, at any time thereafter, directly or indirectly advise concerning, aid, or take any part in the defense thereof; or take or receive, either directly or indirectly, from a defendant therein or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, either express or implied, having relation thereto or to the prosecution or defense thereof.
History: En. Sec. 410, C. Civ. Proc. 1895; re-en. Sec. 6402, Rev. C. 1907; re-en. Sec. 8985, R.C.M. 1921; Cal. Pen. C. Sec. 162; re-en. Sec. 8985, R.C.M. 1935; R.C.M. 1947, 93-2112.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-414. Partners not to appear on opposite sides

37-61-414. Partners not to appear on opposite sides.
Whenever a law partnership or any member thereof accepts employment to prosecute or defend any action, civil or criminal, or to advise in relation thereto, no member of said partnership is permitted, then or afterward, to act as attorney or counselor on the side opposite to that upon which such original employment was had. This section does not prevent a person who has been employed as attorney and counselor in an action or proceeding before becoming a member of a partnership from appearing and acting therein until its completion.
History: En. Sec. 411, C. Civ. Proc. 1896; Re-en. Sec. 6403, Rev. C. 1907; re-en. Sec. 8986, R.C.M. 1921; re-en. Sec. 8986, R.C.M. 1935; R.C.M. 1947, 93-2113.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-415. Penalty for violation of two preceding sections

37-61-415. Penalty for violation of two preceding sections.
An attorney and counselor who violates either 37-61-413 or 37-61-414 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.
History: En. Sec. 412, C. Civ. Proc. 1895; re-en. Sec. 6404, Rev. C. 1907; re-en. Sec. 8987, R.C.M. 1921; re-en. Sec. 8987, R.C.M. 1935; R.C.M. 1947, 93-2114.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-416. Party may appear in person or by attorney

37-61-416. Party may appear in person or by attorney.
A party to a civil action who is of legal age may prosecute or defend the action in person or by attorney at the party's election unless the party has been judicially declared to be incompetent to manage the party's affairs. Each provision of this part relating to the conduct of an action in which the attorney for the party is mentioned includes a party prosecuting or defending in person unless otherwise specially prescribed or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, the party may not appear or act in person when an attorney may appear or act either by special provisions of law or by the course and practice of the court.
History: En. Sec. 413, C. Civ. Proc. 1895; re-en. Sec. 6405, Rev. C. 1907; re-en. Sec. 8988, R.C.M. 1921; re-en. Sec. 8988, R.C.M. 1935; R.C.M. 1947, 93-2115; amd. Sec. 1439, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-417. Attorney may defend in person

37-61-417. Attorney may defend in person.
This part does not prohibit an attorney from defending in person if prosecuted either civilly or criminally.
History: En. Sec. 414, C. Civ. Proc. 1895; re-en. Sec. 6406, Rev. C. 1907; re-en. Sec. 8989, R.C.M. 1921; Cal. Pen. C. Sec. 163; re-en. Sec. 8989, R.C.M. 1935; R.C.M. 1947, 93-2116; amd. Sec. 1440, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-418. Attorney may see prisoner

37-61-418. Attorney may see prisoner.
All public officers, sheriffs, coroners, jailers, constables, or other officers or persons having in custody any person committed, imprisoned, or restrained of the person's liberty for any alleged cause shall admit any practicing attorney in this state whom the person restrained of liberty may desire to see or consult, to see and consult the imprisoned person, alone and in private, at the jail or other place of custody. Any officer violating this provision shall forfeit and pay $100 to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.
History: En. Sec. 13, p. 373, Bannack Stat.; re-en. Sec. 13, p. 378, Cod. Stat. 1871; re-en. Sec. 52, 5th Div. Rev. Stat. 1879; re-en. Sec. 114, 5th Div. Comp. Stat. 1887; re-en. Sec. 415, C. Civ. Proc. 1895; re-en. Sec. 6407, Rev. C. 1907; re-en. Sec. 8990, R.C.M. 1921; re-en. Sec. 8990, R.C.M. 1935; R.C.M. 1947, 93-2117; amd. Sec. 1441, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 61. Attorneys at Law › Part 4. Provisions Regulating Practice › 37-61-419. Attorney not to become surety on bond

37-61-419. Attorney not to become surety on bond.
(1) Without the consent of the district court judge who had first approved the security, no attorney and counselor at law shall become security in any bond or recognizance of any sheriff, constable, or coroner or upon any bond, undertaking, or recognizance authorized by any statute, to be taken for the payment of any sum of money into court in default of the principal.
(2) No attorney at law may act as surety for bail or furnish bail.
History: En. Sec. 14, p. 373, Bannack Stat.; re-en. Sec. 14, p. 378, Cod. Stat. 1871; re-en. Sec. 53, 5th Div. Rev. Stat. 1879; re-en. Sec. 115, 5th Div. Comp. Stat. 1887; re-en. Sec. 416, C. Civ. Proc. 1895; re-en. Sec. 6408, Rev. C. 1907; re-en. Sec. 8991, R.C.M. 1921; re-en. Sec. 8991, R.C.M. 1935; R.C.M. 1947, 93-2118; amd. Sec. 164, Ch. 575, L. 1981.