reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-204. Supervision and administration by supreme court

3-7-204. Supervision and administration by supreme court.
(1) The Montana supreme court shall supervise the activities of the water judges, water masters, and associated personnel in implementing this chapter and Title 85, chapter 2, part 2.
(2) The supreme court shall pay the expenses of the water judges and the salaries and expenses of the water judges' staffs and the salaries and expenses of the water masters and the water masters' staffs, from appropriations made for that purpose. "Salaries and expenses" as used in this section include but are not limited to the salaries and expenses of personnel, the cost of office equipment and office space, and other necessary expenses that may be incurred in the administration of this chapter and Title 85, chapter 2, part 2.
History: En. Sec. 1, Ch. 268, L. 1981; amd. Sec. 1, Ch. 389, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-211. Appointment of water commissioners

3-7-211. Appointment of water commissioners.
Except as provided in 85-20-1902, the district court having jurisdiction over the hydrologically interrelated portion of a water division, as described in 85-2-231(3), in which the controversy arises may appoint and supervise a water commissioner as provided for in Title 85, chapter 5.
History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 2, Ch. 604, L. 1989; amd. Sec. 2, Ch. 16, L. 1991; amd. Sec. 3, Ch. 294, L. 2015.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-212. Enforcement of decrees

3-7-212. Enforcement of decrees.
The district court having jurisdiction may enforce the provisions of a final decree. In the absence of any final decree having been issued, the district court having jurisdiction may enforce the provisions of a temporary preliminary decree, preliminary decree, or supplemental preliminary decree entered under 85-2-231, as modified by a water judge after objections and hearings.
History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 3, Ch. 604, L. 1989; amd. Sec. 1, Ch. 338, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-213. Repealed

3-7-213. Repealed.
Sec. 8, Ch. 604, L. 1989.
History: En. Sec. 6, Ch. 697, L. 1979; amd. Sec. 3, Ch. 80, L. 1981; amd. Sec. 6, Ch. 651, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-221. Appointment of chief water judge and associate water judge -- terms of office

3-7-221. Appointment of chief water judge and associate water judge -- terms of office.
(1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge.
(2) To be eligible for the office of chief water judge or associate water judge, a person shall have the qualifications for district court or supreme court judges found in Article VII, section 9, of the Montana constitution.
(3) The term of office of the chief water judge and the associate water judge is 4 years, subject to continuation of the water divisions by the legislature.
History: En. Sec. 1, Ch. 442, L. 1981; amd. Sec. 7, Ch. 651, L. 1987; amd. Sec. 3, Ch. 335, L. 2011; amd. Sec. 9, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-222. Salary -- office space

3-7-222. Salary -- office space.
(1) The chief water judge and the associate water judge must receive the same salary and expense allowance as provided for district judges in 3-5-211.
(2) The office of the chief water judge and the associate water judge must be at the location designated by the chief justice of the Montana supreme court. The Montana supreme court shall provide in its budget for the salary, expenses, and office and staff requirements of the chief water judge and the associate water judge. Money may be appropriated by the legislature from the general fund for these purposes.
History: En. Sec. 2, Ch. 442, L. 1981; amd. Sec. 2, Ch. 389, L. 1999; amd. Sec. 4, Ch. 335, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-223. Duties of chief water judge

3-7-223. (Temporary) Duties of chief water judge.
The chief water judge shall:
(1) administer the adjudication of existing water rights by:
(a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to ensure that the information is expeditiously and properly compiled and transferred to the water judge in each water division;
(b) ensuring that the water judge in each water division moves without unreasonable delay to enter the required preliminary decree; and
(c) ensuring that any contested or conflicting claims are tried and adjudicated as expeditiously as possible;
(2) conduct hearings in cases certified to the district court under 85-2-309;
(3) conduct proceedings for petitions for judicial review filed with the water court under 2-4-702;
(4) assign court personnel to divisions and duties as needed;
(5) assign the associate water judge to divisions and cases as needed; and
(6) request and secure the transfer of water judges between divisions as needed. (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)
3-7-223. (Effective October 1, 2025) Duties of chief water judge.
The chief water judge shall:
(1) administer the adjudication of existing water rights by:
(a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to assure that the information is expeditiously and properly compiled and transferred to the water judge in each water division;
(b) assuring that the water judge in each water division moves without unreasonable delay to enter the required preliminary decree;
(c) assuring that any contested or conflicting claims are tried and adjudicated as expeditiously as possible;
(2) conduct hearings in cases certified to the district court under 85-2-309;
(3) assign court personnel to divisions and duties as needed;
(4) assign the associate water judge to divisions and cases as needed; and
(5) request and secure the transfer of water judges between divisions as needed.
History: En. Sec. 3, Ch. 442, L. 1981; amd. Sec. 1, Ch. 256, L. 1983; amd. Sec. 2, Ch. 596, L. 1985; amd. Sec. 6, Ch. 335, L. 2011; amd. Sec. 2, Ch. 126, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-224. Jurisdiction of chief water judge and associate water judge

3-7-224. (Temporary) Jurisdiction of chief water judge and associate water judge.
(1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.
(2) The chief water judge and the associate water judge have jurisdiction over cases certified to the district court under 85-2-309, all matters relating to the determination of existing water rights within the boundaries of the state of Montana, and all petitions for judicial review filed with the water court under 2-4-702.
(3) With regard to the consideration of a matter within the chief water judge's jurisdiction, the chief water judge and the associate water judge have the same powers as a district court judge. The chief water judge and the associate water judge may issue orders, on the motion of an interested party or on the judge's own motion, that may reasonably be required to allow the judge to fulfill the judge's responsibilities, including but not limited to requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 or 85-2-402 as considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309(2). (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)
3-7-224. (Effective October 1, 2025) Jurisdiction of chief water judge and associate water judge.
(1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.
(2) The chief water judge and the associate water judge have jurisdiction over cases certified to the district court under 85-2-309 and all matters relating to the determination of existing water rights within the boundaries of the state of Montana.
(3) With regard to the consideration of a matter within the chief water judge's jurisdiction, the chief water judge and the associate water judge have the same powers as a district court judge. The chief water judge and the associate water judge may issue orders, on the motion of an interested party or on the judge's own motion, that may reasonably be required to allow the judge to fulfill the judge's responsibilities, including but not limited to requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 or 85-2-402 as considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309(2).
History: En. Sec. 4, Ch. 442, L. 1981; amd. Sec. 3, Ch. 596, L. 1985; amd. Sec. 187, Ch. 61, L. 2007; amd. Sec. 7, Ch. 335, L. 2011; amd. Sec. 3, Ch. 126, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-225. Duties of associate water judge

3-7-225. (Temporary) Duties of associate water judge.
The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) through (3). (Terminates September 30, 2025--sec. 6, Ch. 126, L. 2017.)
3-7-225. (Effective October 1, 2025) Duties of associate water judge.
The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) and (2).
History: En. Sec. 5, Ch. 335, L. 2011; amd. Sec. 4, Ch. 126, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 3. Water Masters › 3-7-301. Appointment of water masters -- removal

3-7-301. Appointment of water masters -- removal.
(1) The chief water judge or the water judge in each water division may appoint one or more water masters.
(2) A water master may be appointed after July 1, 1980, and must be appointed on or before July 1, 1982.
(3) In appointing a water master, the water judge shall consider a potential master's experience with water law, water use, and water rights.
(4) A water master shall serve at the pleasure of the chief water judge and may be removed by the chief water judge.
(5) A water master may serve in any water division and may be moved among the water divisions at the discretion of the chief water judge.
History: En. Sec. 3, Ch. 697, L. 1979; amd. Sec. 2, Ch. 268, L. 1981; amd. Sec. 2, Ch. 256, L. 1983.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 3. Water Masters › 3-7-302. Repealed

3-7-302. Repealed.
Sec. 1, Ch. 356, L. 2003.
History: En. Sec. 4, Ch. 697, L. 1979; amd. Sec. 3, Ch. 389, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 3. Water Masters › 3-7-311. Duties of water masters

3-7-311. Duties of water masters.
(1) The water master has the general powers given to a master by Rule 53(c), M.R.Civ.P.
(2) Within a reasonable time after June 30, 1983, the water master shall issue a report to the water judge meeting the requirements for the preliminary decree as specified in 85-2-231.
(3) After a water judge issues a preliminary decree, the water master shall assist the water judge in the performance of the water division's further duties as ordered by the water judge.
(4) A water master may be appointed by a district court to serve as a special master to a district court for actions brought pursuant to 85-2-114(1) or (3) or 85-5-301 if the appointment is approved by the chief water judge.
History: En. Sec. 5, Ch. 697, L. 1979; amd. Sec. 1, Ch. 103, L. 2009.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 4. Disqualification › 3-7-401. Definitions

3-7-401. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Fiduciary" includes such relationships as executor, administrator, trustee, or guardian.
(2) "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that:
(a) ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the judge or water master participates in the management of the fund;
(b) an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization;
(c) the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association or a similar proprietary interest is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and
(d) ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.
(3) "Proceeding" includes prehearing, hearing, appellate review, or other stages of adjudication conducted by the water master or water judge.
History: En. Sec. 7, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 4. Disqualification › 3-7-402. Disqualification of water judge or master

3-7-402. Disqualification of water judge or master.
(1) A water judge may withdraw or may disqualify the water master in any proceeding or pertinent portion of a proceeding in which the judge's or the water master's impartiality might reasonably be questioned.
(2) A water judge may also withdraw or may disqualify the water master in the following circumstances:
(a) if the judge or the water master has a personal bias or prejudice concerning a party of personal knowledge or disputed evidentiary facts concerning the proceeding;
(b) if in private practice the judge or the water master served as a lawyer in the matter in controversy or a lawyer with whom the judge or the water master previously practiced law served during the association as a lawyer concerning the matter or the judge or the lawyer has been a material witness concerning it;
(c) if the judge or the water master has served in governmental employment and in that capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
(d) if the judge or the water master knows that the judge or the water master, individually or as a fiduciary, or the judge's or the water master's spouse or minor child residing in the judge's or the water master's household has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest that could be substantially affected by the outcome of the proceeding; or
(e) if the judge or the water master or the judge's or the water master's spouse or a person within the third degree of relationship to any of them (as calculated according to 72-11-101 through 72-11-104) or the spouse of such a person:
(i) is a party to the proceeding or an officer, director, or trustee of a party;
(ii) is known by the judge or water master to have an interest that could be substantially affected by the outcome of the proceeding;
(iii) is to the judge's or water master's knowledge likely to be a material witness in the proceeding.
(3) A water judge should be informed about the judge's and the water master's personal and fiduciary financial interests and make a reasonable effort to be informed about the personal financial interests of the judge's and the water master's spouse and minor children residing in the judge's or the water master's respective household.
History: En. Sec. 7, Ch. 697, L. 1979; amd. Sec. 1, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 4. Disqualification › 3-7-403. Waiver of disqualification

3-7-403. Waiver of disqualification.
A water judge may accept from the parties to the proceeding a waiver of any ground for disqualification if it is preceded by a full disclosure on the record of the basis for disqualification.
History: En. Sec. 7, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 4. Disqualification › 3-7-404. Procedure exclusive

3-7-404. Procedure exclusive.
The procedure for disqualification of a water judge or water master specified in this section is exclusive unless otherwise specifically altered by the Montana supreme court.
History: En. Sec. 7, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 5. Jurisdiction › 3-7-501. Jurisdiction

3-7-501. Jurisdiction.
(1) The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through the water division or water divisions that contain the judicial district wholly or partly.
(2) A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201.
(3) The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division.
(4) The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
History: En. Secs. 1, 6, Ch. 697, L. 1979; amd. Sec. 4, Ch. 80, L. 1981; amd. Sec. 4, Ch. 596, L. 1985; amd. Sec. 4, Ch. 604, L. 1989; amd. Sec. 1, Ch. 174, L. 1997.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 5. Jurisdiction › 3-7-502. Jurisdictional disputes

3-7-502. Jurisdictional disputes.
Whenever a question arises concerning which water judge shall preside over adjudication of a matter concerning a case certified to the court under 85-2-309 or the determination and interpretation of existing water rights, the question shall be settled by the water judges involved.
History: En. Sec. 2, Ch. 697, L. 1979; amd. Sec. 5, Ch. 596, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-101. Number and location of justices' courts -- authorization to combine with city court -- justice's court of record

3-10-101. Number and location of justices' courts -- authorization to combine with city court -- justice's court of record.
(1) There must be at least one justice's court in each county of the state, which must be located at the county seat. The board of county commissioners shall designate the number of justices in each justice's court.
(2) The board of county commissioners of each county of the state may establish:
(a) one additional justice's court located anywhere in the county; and
(b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).
(3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to constitute a justice's court in the city. A justice's court must be established in the city if the board of county commissioners approves the request by resolution.
(4) A justice of the peace of a court established pursuant to subsection (3) may act as the city judge upon passage of a city ordinance authorizing the action and upon approval of the ordinance by resolution of the board of county commissioners. If the ordinance and resolution are passed, the city and the county shall enter into an agreement for proportionate payment of the justice's salary, as established under 3-10-207 and 3-11-202, and for proportionate reimbursement for the use of facilities.
(5) A county may establish the justice's court as a court of record. If the justice's court is established as a court of record, it must be known as a "justice's court of record" and, in addition to the provisions of this chapter, is also subject to the provisions of 3-10-115 and 3-10-116. The court's proceedings must be recorded by electronic recording or stenographic transcription and all papers filed in a proceeding must be included in the record. A justice's court of record may be established by a resolution of the county commissioners or pursuant to 7-5-131 through 7-5-135 and 7-5-137.
History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(part); amd. Sec. 1, Ch. 56, L. 1981; amd. Sec. 3, Ch. 393, L. 1999; amd. Sec. 5, Ch. 389, L. 2003; amd. Sec. 4, Ch. 557, L. 2005; amd. Sec. 14, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-102. When courts open

3-10-102. When courts open.
A justice's court is always open for the transaction of business, except on legal holidays and nonjudicial days.
History: En. Sec. 61, C. Civ. Proc. 1895; re-en. Sec. 6280, Rev. C. 1907; re-en. Sec. 8834, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 104; amd. Sec. 1, Ch. 92, L. 1933; re-en. Sec. 8834, R.C.M. 1935; amd. Sec. 6, Ch. 491, L. 1973; amd. Sec. 3, Ch. 276, L. 1974; R.C.M. 1947, 93-402.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-103. County to provide facilities

3-10-103. County to provide facilities.
The board of county commissioners of the county in which the justice of the peace has been elected or appointed:
(1) shall provide for the justice's court:
(a) the office, courtroom, and clerical assistance necessary to enable the justice of the peace and the clerk of justice's court, if any, to conduct business in dignified surroundings;
(b) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary in the proper keeping of the records and files of the court and the transaction of the business; and
(c) the latest edition of the Montana Code Annotated and all official supplements; and
(2) may provide a clerk of justice's court.
History: En. Sec. 3, Ch. 491, L. 1973; R.C.M. 1947, 93-412(1); amd. Sec. 1, Ch. 6, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-111. What provisions of code applicable to justices' courts

3-10-111. What provisions of code applicable to justices' courts.
Because justices' courts are courts of peculiar and limited jurisdiction, only those provisions of this code which are, in their nature, applicable to the organization, powers, and course of proceedings in justices' courts or which have been made applicable by special provisions in this chapter, chapter 31 of Title 25, and Title 27 are applicable to justices' courts and the proceedings therein.
History: En. Sec. 1686, C. Civ. Proc. 1895; re-en. Sec. 7084, Rev. C. 1907; re-en. Sec. 9717, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 925; re-en. Sec. 9717, R.C.M. 1935; amd. Sec. 52, Ch. 344, L. 1977; R.C.M. 1947, 93-7707; amd. Sec. 22, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-115. Appeal to district court from justice's court of record -- record on appeal

3-10-115. Appeal to district court from justice's court of record -- record on appeal.
(1) A party may appeal to district court a judgment or order from a justice's court of record. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority.
(2) The record on appeal to district court consists of an electronic recording or stenographic transcription of a case tried, together with all papers filed in the action.
(3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the court from which the appeal was taken.
(4) Unless the supreme court establishes rules for appeal from a justice's court of record to the district court, the Montana Uniform Municipal Court Rules of Appeal to District Court, codified in Title 25, chapter 30, apply to appeals to district court from the justice's court of record.
History: En. Sec. 8, Ch. 389, L. 2003; amd. Sec. 6, Ch. 557, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-116. Disqualification of justice of peace for justice's court of record -- judge pro tempore

3-10-116. Disqualification of justice of peace for justice's court of record -- judge pro tempore.
(1) When a justice of the peace for a justice's court of record has been disqualified or is sick or unable to act, the justice shall call in another justice of the peace for a justice's court of record, another justice of the peace for a justice's court not of record, a municipal court judge, a judge for a city court of record, a judge for a city court not of record, a retired justice of the peace for a justice's court of record, a retired municipal court judge, a retired judge for a city court of record, a licensed Montana attorney on active, inactive, or senior status, or the clerk of the justice's court of record to act as a judge pro tempore.
(2) (a) Except as provided in subsection (2)(b), the judge pro tempore has the same power and authority as the justice of the peace for the justice's court of record.
(b) A clerk of a justice's court of record acting as a judge pro tempore may not preside over a trial but may preside over an initial appearance.
History: En. Sec. 9, Ch. 389, L. 2003; amd. Sec. 7, Ch. 557, L. 2005; amd. Sec. 1, Ch. 172, L. 2011; amd. Sec. 1, Ch. 177, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 1. General Provisions › 3-10-118. Powers and duties of justice's court of record

3-10-118. Powers and duties of justice's court of record.
(1) Except as otherwise provided by Title 25, chapter 30, and this chapter, the justice of the peace in a justice's court of record has, in matters within its jurisdiction, all the powers and duties of district judges in like cases. The justice of the peace may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.
(2) The justice's court of record shall establish rules for appeal to district court. The rules are subject to the supreme court's rulemaking and supervisory authority.
History: En. Sec. 5, Ch. 557, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-201. Election

3-10-201. Election.
(1) Except as provided in 3-10-206, each justice of the peace must be elected by the qualified electors of the county at the general state election immediately preceding the expiration of the term of office of the justice of the peace's predecessor.
(2) A justice of the peace must be nominated and elected on the nonpartisan judicial ballot in the same manner as judges of the district court.
(3) Each judicial office must be a separate and independent office for election purposes, each office must be numbered by the county commissioners, and each candidate for justice of the peace shall specify the number of the office for which the candidate seeks to be elected. A candidate may not file for more than one office.
(4) Section 13-35-231, prohibiting political party contributions to judicial officers, applies to justices of the peace.
History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(part); amd. Sec. 188, Ch. 61, L. 2007; amd. Sec. 1, Ch. 143, L. 2013; amd. Sec. 1, Ch. 87, L. 2015.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-202. Oath -- proof of certification

3-10-202. Oath -- proof of certification.
(1) Each justice of the peace, elected or appointed, after receipt of the certificate of election or appointment, shall, before entering upon the duties of office, take the constitutional oath of office, which must be filed with the county clerk.
(2) Before the county clerk may file the oath, the elected or appointed justice shall satisfy the clerk that the justice is certified as provided in 3-1-1502 or 3-1-1503.
History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(3), (4); amd. Sec. 1, Ch. 366, L. 1987; amd. Sec. 4, Ch. 317, L. 1991; amd. Sec. 189, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-203. Orientation course -- annual training

3-10-203. Orientation course -- annual training.
(1) Under the supervision of the supreme court, a course of study must be presented as soon as is practical following each general election. Actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, and the costs of registration and books and other materials must be paid to the elected or appointed justice of the peace for attending the course by the county in which the justice of the peace holds or will hold court and must be charged against that county.
(2) There must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed justices of the peace. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, and the costs of registration and books and other materials must be paid to the elected or appointed justice of the peace for attending the sessions by the county in which the justice of the peace holds or will hold court and must be charged against that county.
(3) Each justice of the peace shall attend the training sessions provided for in subsection (2). Failure to attend disqualifies the justice of the peace from office and creates a vacancy in the office. However, the supreme court may excuse a justice of the peace from attendance because of illness, a death in the family, or any other good cause.
History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(5), (6); amd. Sec. 1, Ch. 466, L. 1979; amd. Sec. 9, Ch. 528, L. 1979; amd. Sec. 2, Ch. 366, L. 1987; amd. Sec. 6, Ch. 389, L. 2003; amd. Sec. 8, Ch. 557, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-204. Residence requirements

3-10-204. Residence requirements.
(1) A justice of the peace must reside in the county in which the justice's court is held.
(2) A person is not eligible for the office of justice of the peace unless the person is a citizen of the United States and has been a resident of the county in which the person is to serve for 1 year preceding election or appointment.
History: En. Sec. 163, C. Civ. Proc. 1895; re-en. Sec. 6311, Rev. C. 1907; re-en. Sec. 8865, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 159; re-en. Sec. 8865, R.C.M. 1935; amd. Sec. 13, Ch. 491, L. 1973; R.C.M. 1947, 93-704; amd. Sec. 190, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-205. Term of office

3-10-205. Term of office.
The term of office of justices of the peace is as provided in 7-4-2205.
History: En. Sec. 64, C. Civ. Proc. 1895; re-en. Sec. 6283, Rev. C. 1907; re-en. Sec. 8837, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 110; re-en. Sec. 8837, R.C.M. 1935; amd. Sec. 8, Ch. 491, L. 1973; R.C.M. 1947, 93-405; amd. Sec. 1, Ch. 90, L. 1999.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-206. Vacancies

3-10-206. Vacancies.
Subject to the residency requirements provided in 3-10-204 and the election requirements provided in 3-10-201(2) through (4), a vacancy in the office of a justice of the peace must be filled pursuant to 7-4-2206 until a successor is elected and qualified.
History: En. Sec. 65, C. Civ. Proc. 1895; re-en. Sec. 6284, Rev. C. 1907; re-en. Sec. 8838, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 111; re-en. Sec. 8838, R.C.M. 1935; R.C.M. 1947, 93-406; amd. Sec. 1, Ch. 175, L. 1985; amd. Sec. 2, Ch. 143, L. 2013.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-207. Salaries

3-10-207. Salaries.
(1) Subject to subsections (2) through (4), the board of county commissioners shall set salaries for justices of the peace by resolution and in conjunction with setting salaries for other officers as provided in 7-4-2504.
(2) The salary of the justice of the peace may not be less than the salary for the district clerk of the court in that county.
(3) If the justice's court is not open for business full time, the justice's salary must be commensurate to the workload and office hours of the court. The salary of a justice of the peace may not be reduced during the justice's term of office.
(4) The salary of the justice of the peace for a justice's court of record may not exceed 90% of the salary of a district court judge determined as provided in 3-5-211.
History: En. Sec. 1, Ch. 491, L. 1973; R.C.M. 1947, 93-413; amd. Sec. 1, Ch. 536, L. 1979; amd. Sec. 1, Ch. 12, Sp. L. June 1986; amd. Sec. 1, Ch. 507, L. 2001; amd. Sec. 7, Ch. 114, L. 2003; amd. Sec. 7, Ch. 389, L. 2003; amd. Sec. 9, Ch. 557, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-208. Office hours

3-10-208. Office hours.
In the resolution providing for the salary, the county commissioners shall designate the office hours for each justice's court. Office hours shall be commensurate with the salary provided.
History: En. Sec. 2, Ch. 491, L. 1973; R.C.M. 1947, 93-414; amd. Sec. 1, Ch. 492, L. 1983.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-209. Expenses

3-10-209. Expenses.
All actual and necessary travel expenses, as provided in 2-18-501 through 2-18-503, incurred by the justice of the peace in the performance of official duties are a legal charge against the county.
History: En. Sec. 3, Ch. 491, L. 1973; R.C.M. 1947, 93-412(2); amd. Sec. 10, Ch. 528, L. 1979; amd. Sec. 191, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-221. Duties of justices

3-10-221. Duties of justices.
Justices of the peace must perform such duties as are prescribed in this chapter, chapter 31 of Title 25, and Title 27 and any other duties prescribed by law.
History: En. Sec. 4552, Pol. C. 1895; re-en. Sec. 3099, Rev. C. 1907; re-en. Sec. 4862, R.C.M. 1921; Cal. Pol. C. Sec. 4316; re-en. Sec. 4862, R.C.M. 1935; amd. Sec. 12, Ch. 344, L. 1977; R.C.M. 1947, 16-3604; amd. Sec. 23, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-222. Collection and payment of money

3-10-222. Collection and payment of money.
A justice of the peace may require the sheriff, levying officer, or constable of any county to pay over all money collected on any process or order issued from the justice's court and to pay all money paid to the justice in the justice's official capacity over to the parties entitled or authorized to receive the money, without delay.
History: En. Sec. 644, p. 171, Bannack Stat.; re-en. Sec. 749, p. 186, Cod. Stat. 1871; re-en. Sec. 809, 1st Div. Rev. Stat. 1879; re-en. Sec. 829, 1st Div. Comp. Stat. 1887; amd. Sec. 1682, C. Civ. Proc. 1895; re-en. Sec. 7080, Rev. C. 1907; re-en. Sec. 9713, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 921; re-en. Sec. 9713, R.C.M. 1935; R.C.M. 1947, 93-7703; amd. Sec. 2, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-232. Docket entries by acting justice

3-10-232. Docket entries by acting justice.
When another justice or any other qualified person is called to preside in a justice's court, proper entries of all proceedings must be made in the docket of the justice for whom the visiting justice or person holds court. A justice holding court at the request of another justice must subscribe the entries. When the appointment is made by order of the county commissioners, the order shall be placed in the court docket.
History: En. Sec. 62, C. Civ. Proc. 1895; re-en. Sec. 6281, Rev. C. 1907; re-en. Sec. 8835, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 105; amd. Sec. 2, Ch. 92, L. 1933; re-en. Sec. 8835, R.C.M. 1935; amd. Sec. 7, Ch. 491, L. 1973; amd. Sec. 10, Ch. 420, L. 1975; R.C.M. 1947, 93-7704(3).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-233. Jurisdiction of acting justice

3-10-233. Jurisdiction of acting justice.
When called in to preside over a justice's court, the visiting justice of the peace or other qualified person while acting as justice of the peace is vested with all the power of the justice for whom the person holds court.
History: En. Sec. 62, C. Civ. Proc. 1895; re-en. Sec. 6281, Rev. C. 1907; re-en. Sec. 8835, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 105; amd. Sec. 2, Ch. 92, L. 1933; re-en. Sec. 8835, R.C.M. 1935; amd. Sec. 7, Ch. 491, L. 1973; amd. Sec. 10, Ch. 420, L. 1975; R.C.M. 1947, 93-7704(4); amd. Sec. 192, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 2. Justices of the Peace › 3-10-234. Expenses of acting justice

3-10-234. Expenses of acting justice.
Whenever a justice of the peace or another person is called in to preside over the court of a justice under 3-10-231, the visiting justice or other person must be paid actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503. If the acting justice is not a justice of the peace receiving a salary, the acting justice must also receive compensation that is proper for the time involved. The cost of implementing this section is a proper charge against the county where the court is held.
History: Ap. p. Sec. 626, p. 168, Bannack Stat.; re-en. Sec. 732, p. 184, Cod. Stat. 1871; re-en. Sec. 792, 1st Div. Rev. Stat. 1879; re-en. Sec. 812, 1st Div. Comp. Stat. 1887; amd. Sec. 1683, C. Civ. Proc. 1895; re-en. Sec. 7081, Rev. C. 1907; re-en. Sec. 9714, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 922; re-en. Sec. 9714, R.C.M. 1935; amd. Sec. 24, Ch. 491, L. 1973; amd. Sec. 17, Ch. 420, L. 1975; amd. Sec. 51, Ch. 344, L. 1977; Sec. 93-7704, R.C.M. 1947; Ap. p. Sec. 62, C. Civ. Proc. 1895; re-en. Sec. 6281, Rev. C. 1907; re-en. Sec. 8835, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 105; amd. Sec. 2, Ch. 92, L. 1933; re-en. Sec. 8835, R.C.M. 1935; amd. Sec. 7, Ch. 491, L. 1973; amd. Sec. 10, Ch. 420, L. 1975; Sec. 93-403, R.C.M. 1947; R.C.M. 1947, 93-403(part), 93-7704(2); amd. Sec. 11, Ch. 528, L. 1979; amd. Sec. 193, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 3. Jurisdiction of Justices' Courts › 3-10-302. Jurisdiction over forcible entry, unlawful detainer, rent deposit, and residential and residential mobile home landlord-tenant disputes

3-10-302. Jurisdiction over forcible entry, unlawful detainer, rent deposit, and residential and residential mobile home landlord-tenant disputes.
The justices' courts have concurrent jurisdiction with the district courts within their respective counties in actions of forcible entry, unlawful detainer, and rent deposits and in actions brought under Title 70, chapters 24, 25, and 33.
History: En. Sec. 67, C. Civ. Proc. 1895; re-en. Sec. 6287, Rev. C. 1907; re-en. Sec. 8841, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 113; re-en. Sec. 8841, R.C.M. 1935; amd. Sec. 12, Ch. 420, L. 1975; R.C.M. 1947, 93-409; amd. Sec. 1, Ch. 417, L. 1979; amd. Sec. 1, Ch. 253, L. 2013.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 3. Jurisdiction of Justices' Courts › 3-10-303. Criminal jurisdiction

3-10-303. Criminal jurisdiction.
(1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows:
(a) except as provided in subsection (2), jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both;
(b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both;
(c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both;
(d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both;
(e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings;
(f) jurisdiction of all violations of Title 61, chapter 10; and
(g) all misdemeanor violations of Title 81, chapter 8, part 2.
(2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.
History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 11, Ch. 314, L. 1969; amd. Sec. 6, Ch. 465, L. 1977; Sec. 95-302, R.C.M. 1947; Ap. p. Sec. 68, C. Civ. Proc. 1895; re-en. Sec. 6288, Rev. C. 1907; re-en. Sec. 8842, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 115; re-en. Sec. 8842, R.C.M. 1935; amd. Sec. 13, Ch. 420, L. 1975; Sec. 93-410, R.C.M. 1947; R.C.M. 1947, 93-410, 95-302; amd. Sec. 3, Ch. 601, L. 1983; amd. Sec. 1, Ch. 612, L. 1983; amd. Sec. 1, Ch. 52, L. 1985; amd. Sec. 1, Ch. 318, L. 1985; amd. Sec. 1, Ch. 223, L. 1993; amd. Sec. 5, Ch. 393, L. 1999; amd. Sec. 9, Ch. 514, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 3. Jurisdiction of Justices' Courts › 3-10-304. Territorial extent of civil jurisdiction

3-10-304. Territorial extent of civil jurisdiction.
(1) The civil jurisdiction of a justice's court extends to the limits of the county in which it is held, and except as provided in subsection (2), intermediate and final process of a justice's court in a county may be issued to and served in any part of the county.
(2) A summons or a writ of execution of a justice's court may be served in any county of the state.
History: En. Sec. 550, p. 151, Bannack Stat.; re-en. Sec. 656, p. 167, Cod. Stat. 1871; re-en. Sec. 716, 1st Div. Rev. Stat. 1879; re-en. Sec. 736, 1st Div. Comp. Stat. 1887; amd. Sec. 63, C. Civ. Proc. 1895; re-en. Sec. 6282, Rev. C. 1907; re-en. Sec. 8836, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 106; re-en. Sec. 8836, R.C.M. 1935; R.C.M. 1947, 93-404; amd. Sec. 25, Ch. 21, L. 1979; amd. Sec. 3, Ch. 515, L. 2001; amd. Sec. 1, Ch. 457, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 3. Jurisdiction of Justices' Courts › 3-10-305. Repealed

3-10-305. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 632, p. 168, Bannack Stat.; re-en. Sec. 738, p. 185, Cod. Stat. 1871; re-en. Sec. 798, 1st Div. Rev. Stat. 1879; re-en. Sec. 818, 1st Div. Comp. Stat. 1887; re-en. Sec. 1680, C. Civ. Proc. 1895; re-en. Sec. 7078, Rev. C. 1907; re-en. Sec. 9711, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 919; re-en. Sec. 9711, R.C.M. 1935; R.C.M. 1947, 93-7701.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 3. Jurisdiction of Justices' Courts › 3-10-306. Repealed

3-10-306. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 625, p. 167, Bannack Stat.; re-en. Sec. 731, p. 184, Cod. Stat. 1871; re-en. Sec. 791, 1st Div. Rev. Stat. 1879; re-en. Sec. 811, 1st Div. Comp. Stat. 1887; re-en. Sec. 1681, C. Civ. Proc. 1895; re-en. Sec. 7079, Rev. C. 1907; re-en. Sec. 9712, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 920; re-en. Sec. 9712, R.C.M. 1935; R.C.M. 1947, 93-7702.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 4. Contempts in Justices' Courts › 3-10-401. Contempts for which justice of the peace may punish

3-10-401. Contempts for which justice of the peace may punish.
A justice of the peace may punish for contempt persons guilty of only the following acts:
(1) disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(2) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by the justice tending to interrupt the due course of a trial or other judicial proceeding;
(3) disobedience or resistance to the execution of a lawful order or process made or issued by the justice;
(4) disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;
(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court.
History: En. Sec. 1650, C. Civ. Proc. 1895; re-en. Sec. 7065, Rev. C. 1907; re-en. Sec. 9698, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 906; re-en. Sec. 9698, R.C.M. 1935; amd. Sec. 47, Ch. 344, L. 1977; R.C.M. 1947, 93-7501; amd. Sec. 194, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 10. Justices' Courts › Part 4. Contempts in Justices' Courts › 3-10-402. Proceedings

3-10-402. Proceedings.
When a contempt is committed, whether or not it is in the immediate view and presence of the justice, the procedures contained in 3-1-501(3) and (4), 3-1-511 through 3-1-518, and 3-1-520 through 3-1-523 apply.
History: En. Sec. 1651, C. Civ. Proc. 1895; re-en. Sec. 7066, Rev. C. 1907; re-en. Sec. 9699, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 907; re-en. Sec. 9699, R.C.M. 1935; R.C.M. 1947, 93-7502; amd. Sec. 6, Ch. 496, L. 2001.