reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-602. Form of complaint and order of court/notice to defendant

25-35-602. Form of complaint and order of court/notice to defendant.
The sworn complaint and order of the court must be made in substantially the following form:
IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'SCOURT OF ................. COUNTY, MONTANABEFORE ................., JUSTICE OF THE PEACE
.....................
Plaintiff
vs.                  Complaint
.....................               Case No. .....
.....................
Defendant(s)
Comes now the plaintiff, being first duly sworn, upon oath, and complains and alleges that the defendant is indebted to plaintiff in the sum of $......, for ............... which sum is now due, owing, and unpaid despite demands for the payment of the sum, together with plaintiff's costs expended in this action.
Dated this ...... day of .............., 20...
.........................
Plaintiff
.........................
Plaintiff's address
Subscribed and sworn to before me this ...... day of ........., 20...
.........................
Justice of the peace
By: ........
Clerk, small claims division
ORDER OF COURT/NOTICE TO DEFENDANT
THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANT(S):
You are directed to appear and answer the complaint at:
........................................on ..... at .......Reset for ..... at .......Reset for ..... at .......Reset for ..... at .......
and to have with you all books, papers, and witnesses needed by you to establish your defense to the claim. You are further notified that in case you do not appear, judgment will be taken against you by default for the relief demanded in the complaint and for costs of this action, including costs of service of the complaint and order of the court/notice to defendant.
You are further notified that within 10 days of service upon you of this complaint and order you may remove this action from the small claims court to justice's court and that your failure to remove constitutes a waiver of your rights to trial by jury and to representation by counsel.
To the Sheriff, Constable, or Server of Process of the county, greetings:
Make legal service and return on the defendant at .....
Dated this .... day of ..........., 20...
...........................
Justice of the peace
By: .......
Clerk, small claims division
History: En. Sec. 7, Ch. 586, L. 1981; amd. Sec. 13, Ch. 3, L. 1985; amd. Sec. 60, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-603. Hearing date

25-35-603. Hearing date.
The date for the appearance of the defendant to be set forth in the order must be determined by the justice of the peace or by the justice's clerk and may not be more than 40 or less than 10 days from the date of the order. Service of the order and a copy of the sworn complaint must be made upon the defendant not less than 5 days prior to the date set for the defendant's appearance by the order. If the order is not timely served, the plaintiff may have a new appearance date set by the justice of the peace or the justice's clerk and a new order issued and delivered to the sheriff, constable, or other process server. If necessary, repeated orders may be issued at any time within 1 year after the commencement of the action.
History: En. Sec. 8, Ch. 586, L. 1981; amd. Sec. 511, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-604. Service on defendant -- return

25-35-604. Service on defendant -- return.
(1) The original of the order and notice must be shown to the defendant, and a copy of the order and notice along with a copy of the sworn complaint must be served upon the defendant by the sheriff, constable, or other process server in the same manner provided by law for service of process in civil actions in justice's court. The provisions of law relating to sheriff's fees are applicable to this section.
(2) The sheriff, constable, or other process server shall, after effecting service, return the original order to the justice of the peace or the justice's clerk.
History: En. Secs. 9, 10, Ch. 586, L. 1981; amd. Sec. 512, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-605. Removal to justice's court -- effect of failure to remove

25-35-605. Removal to justice's court -- effect of failure to remove.
(1) Any action commenced in small claims court may be removed to justice's court by a defendant upon the filing of a notice of removal with the justice within 10 days of the service of the complaint and order. From the time of filing of the notice of removal, the court to which the action is removed has and exercises the same jurisdiction over it as though the action had been originally commenced in justice's court.
(2) Upon the filing of a notice of removal, the court shall give notice of that fact to all other parties to the action. All rules and statutes governing proceedings originally commenced in justice's court, except rules of pleading but including rules and statutes governing appeals from justice's court, are applicable to proceedings removed to justice's court, except that a plaintiff is not required to replead unless the court so orders, and a fee may not be required of a plaintiff for the filing of a complaint if a fee for filing was paid in small claims court.
(3) Failure to request removal within the time provided in subsection (1) constitutes a waiver by the defendant of the right to a trial by jury and representation by an attorney, and the justice shall inform the defendant of that fact prior to commencement of the hearing.
History: En. Secs. 17, 18, Ch. 586, L. 1981; amd. Sec. 4, Ch. 492, L. 1983; amd. Sec. 513, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-606. Defendant's counterclaim

25-35-606. Defendant's counterclaim.
(1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff's claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). The defendant shall cause the counterclaim to be served on the plaintiff not less than 72 hours before the date set for the hearing. Service must be made in the same manner in which service of the order of court/notice to defendant is made on the defendant. A defendant may not assert as a counterclaim any claim not arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim.
(2) A counterclaim or setoff may not exceed $6,500. If a counterclaim or setoff is asserted in excess of $6,500, the jurisdiction of the small claims court over the plaintiff's claim is not defeated, but the court shall limit its determination of the counterclaim or setoff to the question of whether the plaintiff's claim is discharged, leaving the defendant to prosecute the balance of the defendant's claim in an appropriate justice or district court action.
(3) The counterclaim must be made in substantially the following form:
IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'SCOURT OF................. COUNTY, MONTANABEFORE ................., JUSTICE OF THE PEACE
....................
Plaintiff
vs.   Counterclaim
.....................    Case No. .....
.....................
Defendant(s)
.................................................................
Comes now the defendant, being first duly sworn, and alleges that the defendant is entitled to counterclaim against the plaintiff in the plaintiff's pending action in the sum of $........., for .............................. .................................................................
which sum is now due, together with defendant's costs expended in this action.
Dated this ...... day of .............., 20...
....................
Defendant
......................
Defendant's address
Subscribed and sworn to before me this..... day of.........., 20...
.......................
Justice of the peace
By: .................
Clerk, small claims division
History: En. Sec. 11, Ch. 586, L. 1981; amd. Sec. 8, Ch. 438, L. 1989; amd. Sec. 61, Ch. 51, L. 1999; amd. Sec. 7, Ch. 284, L. 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-607. No further pleadings

25-35-607. No further pleadings.
No form of pleading other than the complaint, the order of the court/notice to defendant, and the counterclaim of the defendant, if there is one, is allowed.
History: En. Sec. 12, Ch. 586, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-608. Fees

25-35-608. Fees.
(1) The clerk of the justice's court shall collect a fee of:
(a) $20 from the plaintiff upon the filing of the sworn complaint; and
(b) $10 from the defendant upon the defendant's appearance and contesting of the complaint or execution of a counterclaim.
(2) The laws relating to paupers' affidavits apply to actions before the small claims court.
History: En. Sec. 13, Ch. 586, L. 1981; amd. Sec. 2, Ch. 26, L. 1989; amd. Sec. 514, Ch. 56, L. 2009; amd. Sec. 2, Ch. 339, L. 2013.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 6. Procedure Before Trial › 25-35-609. Pretrial conferences or hearings -- appearance by telephone conference

25-35-609. Pretrial conferences or hearings -- appearance by telephone conference.
(1) At the discretion of the court, a party or the party's attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if:
(a) the party does not need to or intend to offer evidence at the pretrial conference or hearing; and
(b) the party does not reside within the county in which the case is filed or the party's or the party's attorney's principal place of business is not located in that county.
(2) The party requesting the telephone conference is responsible for arranging the telephone conference and paying the associated costs.
History: En. Sec. 1, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 7. The Trial › 25-35-702. Witnesses -- evidence -- subpoena power

25-35-702. Witnesses -- evidence -- subpoena power.
The plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing in the same manner as in other cases arising in justice's court or by written evidence, and the judge may direct the production of evidence that the judge considers appropriate. The small claims court has the subpoena power granted to justices' courts in all civil cases.
History: En. Sec. 15, Ch. 586, L. 1981; amd. Sec. 515, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 7. The Trial › 25-35-703. Record of proceedings

25-35-703. Record of proceedings.
All civil actions tried in a small claims court shall be recorded either electronically or stenographically.
History: En. Sec. 16, Ch. 586, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-801. Entry of judgment

25-35-801. Entry of judgment.
Upon the conclusion of the case tried to the court, the justice shall make findings and enter judgment.
History: En. Sec. 19, Ch. 586, L. 1981; amd. Sec. 516, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-802. Costs

25-35-802. Costs.
The prevailing party in an action before the small claims court is entitled to the party's costs.
History: En. Sec. 20, Ch. 586, L. 1981; amd. Sec. 517, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-803. Appeal to district court -- commencement and scope

25-35-803. Appeal to district court -- commencement and scope.
(1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a copy of the notice of appeal on the adverse party within 10 days after entry of judgment.
(2) There may not be a trial de novo in the district court. The appeal must be limited to questions of law.
History: En. Sec. 21, Ch. 586, L. 1981; amd. Sec. 518, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-804. Record on appeal

25-35-804. Record on appeal.
(1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal.
(2) When notice of appeal is filed, the justice shall forward the electronic recording or transcript of the stenographic record of the proceedings to the district court, together with the original papers filed, certified by the justice to be accurate and complete. When the record is transferred to the clerk of the district court, the justice shall notify the parties in writing.
History: En. Sec. 22, Ch. 586, L. 1981; amd. Sec. 519, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-805. Use of transcripts or tapes by district court

25-35-805. Use of transcripts or tapes by district court.
The district court may hear the recording of the proceedings of the justice's court, but in its discretion it may have parts or all of the recordings transcribed at the cost of the district court. If the proceedings are stenographically taken, the notes will be transcribed in full or in designated parts as stipulated by the parties. The cost of such transcription shall be computed as prescribed by law.
History: En. Sec. 23, Ch. 586, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-806. Attorney fees upon appeal or removal

25-35-806. Attorney fees upon appeal or removal.
(1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs.
(2) If a defendant removes a matter to justice's court under the provisions of 25-35-605(1) but does not prevail in justice's court, the court may grant the plaintiff reasonable attorney fees, if any.
History: En. Sec. 25, Ch. 586, L. 1981; amd. Sec. 520, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 35. Small Claims Procedure -- Justice's Court › Part 8. Judgment -- Appeal › 25-35-807. Execution of judgment

25-35-807. Execution of judgment.
Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice's court judgments.
History: En. Sec. 24, Ch. 586, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-103. Collaborative law participation agreement -- requirements

25-40-103. Collaborative law participation agreement -- requirements.
(1) A collaborative law participation agreement must:
(a) be in a record;
(b) be signed by the parties;
(c) state the parties' intention to resolve a collaborative matter through a collaborative law process under this part;
(d) describe the nature and scope of the matter;
(e) identify the collaborative lawyer who represents each party in the process; and
(f) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.
(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this part.
History: En. Sec. 3, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-104. Beginning and concluding collaborative law process

25-40-104. Beginning and concluding collaborative law process.
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3) A collaborative law process is concluded by a:
(a) resolution of a collaborative matter as evidenced by a signed record;
(b) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c) termination of the process.
(4) A collaborative law process terminates:
(a) when a party gives notice to other parties in a record that the process is ended;
(b) when a party:
(i) begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii) in a pending proceeding related to the matter:
(A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(B) requests that the proceeding be scheduled for trial; or
(C) takes a similar action requiring notice to be sent to the parties; or
(c) except as otherwise provided by subsection (7), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6) A party may terminate a collaborative law process with or without cause.
(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) is sent to the parties:
(a) the unrepresented party engages a successor collaborative lawyer; and
(b) in a signed record:
(i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii) the agreement is amended to identify the successor collaborative lawyer; and
(iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
History: En. Sec. 4, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-105. Proceedings pending before tribunal -- status report

25-40-105. Proceedings pending before tribunal -- status report.
(1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and 25-40-107 and subsection (3) of this section, the filing operates as an application for a stay of the proceeding.
(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under subsection (1) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal may not consider a communication made in violation of subsection (3).
(5) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
History: En. Sec. 5, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-106. Emergency order

25-40-106. Emergency order.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party.
History: En. Sec. 6, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm

25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm.
(1) Except as provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(2) Except as provided in 25-40-109 and 25-40-110 and subsection (3) of this section, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1).
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a) to ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or household member if a successor lawyer is not immediately available to represent that person.
(4) If subsection (3)(b) applies, a collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party or household member only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
History: En. Sec. 8, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-109. Low-income parties

25-40-109. Low-income parties.
(1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party with or without a fee.
(2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under 25-40-108(1) is associated may represent a party without a fee in the collaborative matter or a matter related to the collaborative matter if:
(a) the party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;
(b) the collaborative law participation agreement so provides; and
(c) the collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
History: En. Sec. 9, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-110. Governmental entity as party

25-40-110. Governmental entity as party.
(1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a) the collaborative law participation agreement so provides; and
(b) the collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
History: En. Sec. 10, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-111. Disclosure of information

25-40-111. Disclosure of information.
Except as provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
History: En. Sec. 11, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-112. Standards of professional responsibility and mandatory reporting not affected

25-40-112. Standards of professional responsibility and mandatory reporting not affected.
This part does not affect:
(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
History: En. Sec. 12, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-113. Appropriateness of collaborative law process

25-40-113. Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
(3) advise the prospective party that:
(a) after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(b) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(c) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by 25-40-108(3), 25-40-109(2), or 25-40-110(2).
History: En. Sec. 13, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-114. Coercive or violent relationship

25-40-114. Coercive or violent relationship.
(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(a) the party or the prospective party requests beginning or continuing a process; and
(b) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
History: En. Sec. 14, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-115. Confidentiality of collaborative law communication

25-40-115. Confidentiality of collaborative law communication.
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law.
History: En. Sec. 15, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-116. Privilege against disclosure for collaborative law communication -- admissibility -- discovery

25-40-116. Privilege against disclosure for collaborative law communication -- admissibility -- discovery.
(1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
History: En. Sec. 16, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-117. Waiver and preclusion of privilege

25-40-117. Waiver and preclusion of privilege.
(1) A privilege under 25-40-116 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under 25-40-116, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
History: En. Sec. 17, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-118. Limits of privilege

25-40-118. Limits of privilege.
(1) There is no privilege under 25-40-116 for a collaborative law communication that is:
(a) available to the public or made during a session of a collaborative law process that is open or is required by law to be open to the public;
(b) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(c) intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d) in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2) The privileges under 25-40-116 for a collaborative law communication do not apply to the extent that a communication is:
(a) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or
(b) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult unless the department of public health and human services is a party to or otherwise participates in the process.
(3) There is no privilege under 25-40-116 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest of protecting confidentiality, and the collaborative law communication is sought or offered in:
(a) a court proceeding involving a felony or misdemeanor; or
(b) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
(4) If a collaborative law communication is subject to an exception under subsection (2) or (3), only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(6) The privileges under 25-40-116 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
History: En. Sec. 18, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-119. Authority of tribunal in case of noncompliance

25-40-119. Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115, a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they:
(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) and the interests of justice require, the tribunal may:
(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) apply the disqualification provisions of 25-40-104, 25-40-105, 25-40-108, 25-40-109, and 25-40-110; and
(c) apply a privilege under 25-40-116.
History: En. Sec. 19, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-120. Uniformity of application and construction

25-40-120. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 20, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 40. Alternative Dispute Resolution › Part 1. Uniform Collaborative Law Act › 25-40-121. Relation to Electronic Signatures in Global and National Commerce Act

25-40-121. Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History: En. Sec. 21, Ch. 200, L. 2015.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-101. General definitions

26-1-101. General definitions.
(1) "Direct examination" is the first examination of a witness on a particular matter. "Cross-examination" is the examination of a witness by a party other than the direct examiner.
(2) "Evidence" is the means of ascertaining in a judicial proceeding the truth respecting a question of fact, including but not limited to witness testimony, writings, physical objects, or other things presented to the senses.
(3) A "leading question" is a question which suggests to the witness the answer which the examining party desires.
(4) "Proof" is the establishment of a fact by evidence.
(5) A "witness" is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit.
History: (1)En. Sec. 3373, C. Civ. Proc. 1895; re-en. Sec. 8018, Rev. C. 1907; re-en. Sec. 10662, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2045; re-en. Sec. 10662, R.C.M. 1935; Sec. 93-1901-4, R.C.M. 1947; (2)En. Sec. 3100, C. Civ. Proc. 1895; re-en. Sec. 7844, Rev. C. 1907; re-en. Sec. 10488, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1823; re-en. Sec. 10488, R.C.M. 1935; Sec. 93-301-1, R.C.M. 1947; (3)En. Sec. 3374, C. Civ. Proc. 1895; re-en. Sec. 8019, Rev. C. 1907; re-en. Sec. 10663, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2046; re-en. Sec. 10663, R.C.M. 1935; Sec. 93-1901-5, R.C.M. 1947; (4)En. Sec. 3101, C. Civ. Proc. 1895; re-en. Sec. 7845, Rev. C. 1907; re-en. Sec. 10489, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1824; re-en. Sec. 10489, R.C.M. 1935; Sec. 93-301-2, R.C.M. 1947; (5)En. Sec. 3160, C. Civ. Proc. 1895; re-en. Sec. 7889, Rev. C. 1907; re-en. Sec. 10533, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1878; re-en. Sec. 10533, R.C.M. 1935; Sec. 93-701-1, R.C.M. 1947; R.C.M. 1947, 93-301-1, 93-301-2, 93-701-1, 93-1901-4, 93-1901-5; amd. Sec. 1, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-102. Definitions -- kinds of evidence

26-1-102. Definitions -- kinds of evidence.
(1) "Circumstantial evidence" is that which tends to establish a fact by proving another and which, though true, does not of itself conclusively establish that fact but affords an inference or presumption of its existence.
(2) (a) "Conclusive evidence" is that which the law does not permit to be contradicted.
(b) No evidence is by law made conclusive unless so declared by statute.
(3) "Corroborative evidence" is additional evidence of a different character to the same point.
(4) "Cumulative evidence" is additional evidence of the same character to the same point.
(5) "Direct evidence" is that which proves a fact without an inference or presumption and which in itself, if true, establishes that fact.
(6) "Prima facie evidence" is that which proves a particular fact until contradicted and overcome by other evidence.
History: (1)(a)En. Sec. 3114, C. Civ. Proc. 1895; re-en. Sec. 7858, Rev. C. 1907; re-en. Sec. 10502, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1837; re-en. Sec. 10502, R.C.M. 1935; Sec. 93-301-15, R.C.M. 1947; (1)(b)En. Sec. 3280, C. Civ. Proc. 1895; re-en. Sec. 7971, Rev. C. 1907; re-en. Sec. 10615, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1978; re-en. Sec. 10615, R.C.M. 1935; Sec. 93-1401-9, R.C.M. 1947; (2)En. Sec. 3115, C. Civ. Proc. 1895; re-en. Sec. 7859, Rev. C. 1907; re-en. Sec. 10503, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1838; re-en. Sec. 10503, R.C.M. 1935; Sec. 93-301-16, R.C.M. 1947; (3)En. Sec. 3108, C. Civ. Proc. 1895; re-en. Sec. 7852, Rev. C. 1907; re-en. Sec. 10496, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1831; re-en. Sec. 10496, R.C.M. 1935; Sec. 93-301-9, R.C.M. 1947; (4)(a)En. Sec. 3109, C. Civ. Proc. 1895; re-en. Sec. 7853, Rev. C. 1907; re-en. Sec. 10497, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1832; re-en. Sec. 10497, R.C.M. 1935; Sec. 93-301-10, R.C.M. 1947; (4)(b)En. Sec. 3260, C. Civ. Proc. 1895; re-en. Sec. 7956, Rev. C. 1907; re-en. Sec. 10600, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1957; re-en. Sec. 10600, R.C.M. 1935; Sec. 93-1301-1, R.C.M. 1947; (5)En. Sec. 3110, C. Civ. Proc. 1895; re-en. Sec. 7854, Rev. C. 1907; re-en. Sec. 10498, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1833; re-en. Sec. 10498, R.C.M. 1935; Sec. 93-301-11, R.C.M. 1947; R.C.M. 1947, 93-301-9, 93-301-10, 93-301-11, 93-301-15, 93-301-16, 93-1301-1, 93-1401-9; amd. Sec. 2, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-103. Declaration, act, or omission which is a part of the transaction

26-1-103. Declaration, act, or omission which is a part of the transaction.
Where the declaration, act, or omission forms part of a transaction which is itself the fact in dispute or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction.
History: En. Sec. 604, p. 196, L. 1877; re-en. Sec. 604, 1st Div. Rev. Stat. 1879; re-en. Sec. 622, 1st Div. Comp. Stat. 1887; re-en. Sec. 3126, C. Civ. Proc. 1895; re-en. Sec. 7867, Rev. C. 1907; re-en. Sec. 10511, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1850; re-en. Sec. 10511, R.C.M. 1935; R.C.M. 1947, 93-401-7.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-104. Evidence of third person's obligation

26-1-104. Evidence of third person's obligation.
Where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties.
History: En. Sec. 605, p. 197, L. 1877; re-en. Sec. 605, 1st Div. Rev. Stat. 1879; re-en. Sec. 623, 1st Div. Comp. Stat. 1887; re-en. Sec. 3127, C. Civ. Proc. 1895; re-en. Sec. 7868, Rev. C. 1907; re-en. Sec. 10512, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1851; re-en. Sec. 10512, R.C.M. 1935; R.C.M. 1947, 93-401-8.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-105. Superseded

26-1-105. Superseded.
Sup. Ct. Ord. No. 12729, July 10, 1979.
History: En. Sec. 624, p. 201, L. 1877; re-en. Sec. 624, 1st Div. Rev. Stat. 1879; re-en. Sec. 642, 1st Div. Comp. Stat. 1887; re-en. Sec. 3146, C. Civ. Proc. 1895; re-en. Sec. 7887, Rev. C. 1907; re-en. Sec. 10531, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1870; re-en. Sec. 10531, R.C.M. 1935; R.C.M. 1947, 93-401-27(part)(10).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-106. Explanation of alterations in a writing

26-1-106. Explanation of alterations in a writing.
The party producing a writing as genuine that has been altered or appears to have been altered after its execution in a part material to the question in dispute shall account for the appearance or alteration. The party may show that the alteration was made by another without the party's concurrence, was made with the consent of the parties affected by the alteration, or was otherwise properly or innocently made or that the alteration did not change the meaning or language of the instrument. If the party does that, the party may give the writing in evidence, but not otherwise.
History: En. Sec. 365, p. 119, Bannack Stat.; re-en. Sec. 423, p. 221, L. 1867; re-en. Sec. 497, p. 136, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 12, p. 12, L. 1881; re-en. Sec. 644, 1st Div. Comp. Stat. 1887; amd. Sec. 3291, C. Civ. Proc. 1895; re-en. Sec. 7973, Rev. C. 1907; re-en. Sec. 10617, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1982; re-en. Sec. 10617, R.C.M. 1935; R.C.M. 1947, 93-1501-2; amd. Sec. 521, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-107. Repealed

26-1-107. Repealed.
Sec. 20, Ch. 72, L. 1983.
History: En. Sec. 3233, C. Civ. Proc. 1895; re-en. Sec. 7946, Rev. C. 1907; re-en. Sec. 10590, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1942; re-en. Sec. 10590, R.C.M. 1935; R.C.M. 1947, 93-1101-13.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 1. Definitions and Miscellaneous Provisions › 26-1-108. Repealed

26-1-108. Repealed.
Sec. 20, Ch. 72, L. 1983.
History: En. Sec. 3236, C. Civ. Proc. 1895; re-en. Sec. 7949, Rev. C. 1907; re-en. Sec. 10593, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1945; re-en. Sec. 10593, R.C.M. 1935; R.C.M. 1947, 93-1101-16.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 2. Province of Court and Jury › 26-1-201. Questions of law

26-1-201. Questions of law.
Except as provided in Article II, section 7, of the Montana constitution, all questions of law, including the admissibility of testimony, the facts preliminary to such admission, the construction of statutes and other writings, and other rules of evidence, must be decided by the court.
History: En. Sec. 3441, C. Civ. Proc. 1895; re-en. Sec. 8055, Rev. C. 1907; re-en. Sec. 10699, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2102; re-en. Sec. 10699, R.C.M. 1935; R.C.M. 1947, 93-2501-2; amd. Sec. 3, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 2. Province of Court and Jury › 26-1-202. Questions of fact

26-1-202. Questions of fact.
If a trial is by jury, all questions of fact other than those mentioned in 26-1-201 must be decided by the jury, and all evidence thereon must be addressed to them, except as otherwise provided by law. If the trial of a question of fact is not by jury, all evidence thereon must be addressed to the trial court, which shall decide such question.
History: En. Sec. 3440, C. Civ. Proc. 1895; re-en. Sec. 8054, Rev. C. 1907; re-en. Sec. 10698, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2101; re-en. Sec. 10698, R.C.M. 1935; R.C.M. 1947, 93-2501-1; amd. Sec. 4, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 2. Province of Court and Jury › 26-1-203. Who to judge effect and value of evidence

26-1-203. Who to judge effect and value of evidence.
The jury, subject to the control of the court, is the judge of the effect and value of evidence addressed to it, except when the evidence is declared to be conclusive. The court is the judge of the effect and value of evidence addressed to it.
History: En. Sec. 3390, C. Civ. Proc. 1895; re-en. Sec. 8028, Rev. C. 1907; re-en. Sec. 10672, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2061; re-en. Sec. 10672, R.C.M. 1935; R.C.M. 1947, 93-2001-1(part); amd. Sec. 5, Ch. 72, L. 1983.