reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-404. Repealed

3-5-404. Repealed.
Sec. 52, Ch. 585, L. 2001.
History: En. Sec. 142, C. Civ. Proc. 1895; re-en. Sec. 6302, Rev. C. 1907; re-en. Sec. 8856, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 144; re-en. Sec. 8856, R.C.M. 1935; R.C.M. 1947, 93-513.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-405. Change of place of holding court in emergency

3-5-405. Change of place of holding court in emergency.
(1) The judge of the district court authorized to hold or preside at a court appointed to be held at a particular place may, by an order filed with the clerk of the district court and published as the judge may prescribe, direct that the court be held or continued at any place in the county other than that appointed when war, insurrection, pestilence, or other public calamity, the danger of such a calamity, or the destruction or danger of the public building appointed for the holding the court may render it necessary.
(2) The district court judge may, in the same manner, revoke the order and may appoint another place in the same county for holding the court.
History: En. Sec. 140, C. Civ. Proc. 1895; re-en. Sec. 6300, Rev. C. 1907; re-en. Sec. 8854, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 142; re-en. Sec. 8854, R.C.M. 1935; R.C.M. 1947, 93-511; amd. Sec. 175, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-406. Parties to appear at place appointed

3-5-406. Parties to appear at place appointed.
When the court is held at the place appointed, as provided in 3-5-405, every person held to appear at the court must appear at the place so appointed.
History: En. Sec. 141, C. Civ. Proc. 1895; re-en. Sec. 6301, Rev. C. 1907; re-en. Sec. 8855, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 143; re-en. Sec. 8855, R.C.M. 1935; R.C.M. 1947, 93-512.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 4. Terms and Location of District Courts › 3-5-407. Sheriff to act as crier

3-5-407. Sheriff to act as crier.
The sheriff in attendance upon district court must act as the crier thereof, call the parties and witnesses and all other persons bound to appear before the court, and make proclamation of the opening and adjournment of the court and of any other matter under its direction.
History: En. Sec. 4397, Pol. C. 1895; re-en. Sec. 3026, Rev. C. 1907; re-en. Sec. 4790, R.C.M. 1921; Cal. Pol. C. Sec. 4189; re-en. Sec. 4790, R.C.M. 1935; R.C.M. 1947, 16-2718; amd. Sec. 18, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-501. General duties -- electronic filing and storage of court records

3-5-501. General duties -- electronic filing and storage of court records.
(1) The clerk of the district court, in addition to keeping the records and performing the duties prescribed elsewhere, shall:
(a) take charge of and safely keep or dispose of according to law all books, papers, and records that are filed or deposited in the clerk's office;
(b) act as clerk of the district court and attend each term or session of the court and upon the judges at chambers when required;
(c) issue all process and notices required to be issued;
(d) enter all orders, judgments, and decrees proper to be entered;
(e) keep in each court a register of actions, as provided in 3-5-504;
(f) keep for the district court two separate indexes, one labeled "General Index--Plaintiffs" and the other labeled "General Index--Defendants", which must be in the form prescribed in 3-5-502;
(g) keep a minute book, which must contain the daily proceedings of court, which may be signed by the clerk;
(h) keep a fee book, in which must be shown in an itemized form all fees received for any services rendered in the capacity as clerk.
(2) The clerk of the district court may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.
History: Ap. p. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; Sec. 16-3001, R.C.M. 1947; Ap. p. Sec. 4441, Pol. C. 1895; re-en. Sec. 3049, Rev. C. 1907; re-en. Sec. 4816, R.C.M. 1921; re-en. Sec. 4816, R.C.M. 1935; Sec. 16-3002, R.C.M. 1947; R.C.M. 1947, 16-3001(part), 16-3002; amd. Sec. 1, Ch. 104, L. 1981; amd. Sec. 4, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-502. Indexes to court records

3-5-502. Indexes to court records.
Each clerk of court in each county of the respective judicial districts of the state shall keep, in addition to the records required by law, an index called "General Index--Plaintiffs" and also a second index to be called "General Index--Defendants". Each index shall be in a form determined by the clerk to best fulfill the needs of the court and other users of the index and shall contain, at a minimum, those entries required by 3-5-503.
History: En. Sec. 4442, Pol. C. 1895; re-en. Sec. 3050, Rev. C. 1907; re-en. Sec. 4817, R.C.M. 1921; re-en. Sec. 4817, R.C.M. 1935; R.C.M. 1947, 16-3003; amd. Sec. 2, Ch. 104, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-503. Duties concerning indexes

3-5-503. Duties concerning indexes.
The clerk of the district court shall cause to be made in each index correct entries, under the appropriate headings, of each action begun in the court of which the person is clerk. The entries must be made alphabetically by the name of the plaintiff in the General Index--Plaintiffs and alphabetically by the name of the defendants in the General Index--Defendants.
History: En. Sec. 4443, Pol. C. 1895; re-en. Sec. 3051, Rev. C. 1907; re-en. Sec. 4818, R.C.M. 1921; re-en. Sec. 4818, R.C.M. 1935; R.C.M. 1947, 16-3004; amd. Sec. 3, Ch. 104, L. 1981; amd. Sec. 176, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-504. Register of actions

3-5-504. Register of actions.
The clerk of the district court shall keep among the records of the court a register of actions. The clerk shall enter in the register the title of the action with brief notes under it, from time to time, of all papers filed and proceedings had in the action. The register must also state the names of the attorneys and all fees charged in each action.
History: Ap. p. Sec. 499, p. 233, L. 1867; re-en. Sec. 576, p. 153, Cod. Stat. 1871; re-en. Sec. 517, p. 176, L. 1877; re-en. Sec. 517, 1st Div. Rev. Stat. 1879; re-en. Sec. 534, 1st Div. Comp. Stat. 1887; re-en. Sec. 1896, C. Civ. Proc. 1895; re-en. Sec. 7189, Rev. C. 1907; re-en. Sec. 9822, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1052; re-en. Sec. 9822, R.C.M. 1935; Sec. 93-8707, R.C.M. 1947; Ap. p. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; Sec. 16-3001, R.C.M. 1947; R.C.M. 1947, 16-3001(part), 93-8707; amd. Sec. 177, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-505. Register of criminal actions

3-5-505. Register of criminal actions.
The clerk of the district court shall keep a book called the "Register of Criminal Actions", which must have a proper index and in which must be entered the title and number of the action with a memorandum of every paper filed and order or proceeding had in the action, along with the date of the filing, order, or proceeding, and a memorandum of the name of every witness, the number of days that the witness attended, and the person's witness fees.
History: En. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; R.C.M. 1947, 16-3001(part); amd. Sec. 178, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-506. Index of bonds in criminal cases

3-5-506. Index of bonds in criminal cases.
Clerks of the district courts of the counties in the state of Montana shall keep proper books for indexing bonds given in criminal cases. All bonds filed therein shall be entered showing the title and docket number of the case in which such bond is filed, the names of principals and sureties on such bonds in alphabetical order, the date and amount of the bond, and upon its release, the date of the order or authority for such release.
History: En. Sec. 1, Ch. 47, L. 1923; re-en. Sec. 4818.1, R.C.M. 1935; R.C.M. 1947, 16-3005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-507. Judgment book

3-5-507. Judgment book.
The clerk must keep with the records of the court a book to be called the "Judgment Book", in which judgments must be entered.
History: En. Sec. 201, p. 174, L. 1867; re-en. Sec. 241, p. 77, Cod. Stat. 1871; re-en. Sec. 292, p. 115, L. 1877; re-en. Sec. 292, 1st Div. Rev. Stat. 1879; re-en. Sec. 304, 1st Div. Comp. Stat. 1887; amd. Sec. 1194, C. Civ. Proc. 1895; re-en. Sec. 6804, Rev. C. 1907; re-en. Sec. 9407, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 668; re-en. Sec. 9407, R.C.M. 1935; R.C.M. 1947, 93-5705.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-508. Docket

3-5-508. Docket.
The docket is a book that the clerk of the district court keeps in the clerk's office, with each page divided into eight columns and headed as follows: judgment debtors; judgment creditors; judgment, time of entry; where entered in judgment book; appeals, when taken; judgment of appellate court; and satisfaction of judgment, when entered. If a judgment is for the recovery of money or damages, the amount must be stated in the docket under the heading of judgment. If the judgment is for any other relief, a memorandum of the general character of the relief granted must be stated. The names of the defendants must be entered in alphabetical order.
History: En. Sec. 205, p. 174, L. 1867; re-en. Sec. 245, p. 78, Cod. Stat. 1871; re-en. Sec. 296, p. 116, L. 1877; re-en. Sec. 296, 1st Div. Rev. Stat. 1879; re-en. Sec. 308, 1st Div. Comp. Stat. 1887; re-en. Sec. 1198, C. Civ. Proc. 1895; re-en. Sec. 6808, Rev. C. 1907; re-en. Sec. 9411, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 672; re-en. Sec. 9411, R.C.M. 1935; R.C.M. 1947, 93-5709; amd. Sec. 179, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-509. Docket to be available for inspection

3-5-509. Docket to be available for inspection.
The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk shall arrange the several dockets kept by the clerk in a manner that facilitates their inspection.
History: En. Sec. 206, p. 174, L. 1867; re-en. Sec. 246, p. 78, Cod. Stat. 1871; re-en. Sec. 297, p. 116, L. 1877; re-en. Sec. 297, 1st Div. Rev. Stat. 1879; re-en. Sec. 309, 1st Div. Comp. Stat. 1887; re-en. Sec. 1199, C. Civ. Proc. 1895; re-en. Sec. 6809, Rev. C. 1907; re-en. Sec. 9412, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 673; re-en. Sec. 9412, R.C.M. 1935; R.C.M. 1947, 93-5711; amd. Sec. 180, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-510. Duties relating to jurors and witnesses

3-5-510. Duties relating to jurors and witnesses.
The clerk of the district court shall keep a:
(1) "Witness Book", which must contain blank warrants as provided in 3-5-511; and
(2) record of the attendance of all jurors and witnesses in criminal actions and compute the amount due them for mileage. The distance from any point to the court must be determined by the shortest traveled route.
History: Ap. p. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; Sec. 16-3001, R.C.M. 1947; Ap. p. Sec. 4645, Pol. C. 1895; re-en. Sec. 3179, Rev. C. 1907; re-en. Sec. 4937, R.C.M. 1921; re-en. Sec. 4937, R.C.M. 1935; Sec. 25-405, R.C.M. 1947; Ap. p. Sec. 4651, Pol. C. 1895; re-en. Sec. 3185, Rev. C. 1907; re-en. Sec. 4940, R.C.M. 1921; re-en. Sec. 4940, R.C.M. 1935; Sec. 25-408, R.C.M. 1947; R.C.M. 1947, 16-3001(part), 25-405(part), 25-408; amd. Sec. 1, Ch. 379, L. 1983; amd. Sec. 1, Ch. 152, L. 2003; amd. Sec. 1, Ch. 52, L. 2009.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-511. Witnesses' warrants -- state reimbursement

3-5-511. Witnesses' warrants -- state reimbursement.
(1) The witnesses in criminal actions, witnesses called by a public defender, as defined in 47-1-103, and witnesses called in a grand jury proceeding shall report their presence to the clerk the first day they attend under the subpoena.
(2) At the time any witness is excused from further attendance, the clerk shall give to the witness a county warrant, signed by the clerk, in which must be stated the name of the witness, the number of days in attendance, the number of miles traveled, and the amount due pursuant to Title 26, chapter 2, part 5, and 46-15-116.
(3) The state shall reimburse the clerk for the amount specified in the warrant as follows:
(a) if the witness was subpoenaed by the prosecution in a criminal proceeding or in a grand jury or by an indigent defendant acting pro se, the amount must be reimbursed by the office of court administrator as provided in 3-5-901; or
(b) if the witness was subpoenaed by a public defender, the amount must be reimbursed by the office of state public defender as provided in 47-1-119.
History: En. Sec. 4649, Pol. C. 1895; re-en. Sec. 3183, Rev. C. 1907; re-en. Sec. 4938, R.C.M. 1921; re-en. Sec. 4938, R.C.M. 1935; R.C.M. 1947, 25-406; amd. Sec. 2, Ch. 379, L. 1983; amd. Sec. 1, Ch. 66, L. 1985; amd. Sec. 12, Ch. 585, L. 2001; amd. Sec. 2, Ch. 152, L. 2003; amd. Sec. 17, Ch. 449, L. 2005; amd. Sec. 4, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-512. Statement to board of county commissioners concerning witnesses

3-5-512. Statement to board of county commissioners concerning witnesses.
The clerk must make a detailed statement containing a list of the witnesses and the amount of fees and mileage earned by each and file the same with the clerk of the board of county commissioners on the first day of every regular meeting of the board. No quarterly salary must be paid to the clerk until such statement is filed. The board must examine the statement and see that it is correct.
History: En. Sec. 4650, Pol. C. 1895; re-en. Sec. 3184, Rev. C. 1907; re-en. Sec. 4939, R.C.M. 1921; re-en. Sec. 4939, R.C.M. 1935; R.C.M. 1947, 25-407.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-513. Probate records

3-5-513. Probate records.
The clerk of the district court shall:
(1) keep a book called "Record of Probate Proceedings", which must contain all the orders and proceedings of the district court sitting in probate matters and must be indexed in the names of the deceased person or ward;
(2) keep a book called "Register of Probate and Guardianship Proceedings", in which must be entered the name of the estate and the register number with a memorandum of every paper filed and order or proceeding had therein, with the date thereof, and a memorandum of the fees charged.
History: En. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; R.C.M. 1947, 16-3001(part); amd. Sec. 4, Ch. 104, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-514. Repealed

3-5-514. Repealed.
Sec. 1, Ch. 39, L. 2001.
History: En. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; R.C.M. 1947, 16-3001(part); amd. Sec. 19, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 5. Clerk of the District Court › 3-5-515. Repealed

3-5-515. Repealed.
Sec. 1, Ch. 39, L. 2001.
History: En. Sec. 1, p. 50, L. 1899; re-en. Sec. 3146, Rev. C. 1907; re-en. Sec. 4894, R.C.M. 1921; re-en. Sec. 4894, R.C.M. 1935; amd. Sec. 1, Ch. 73, L. 1967; amd. Sec. 1, Ch. 171, L. 1969; R.C.M. 1947, 25-210.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 6. Court Reporters › 3-5-601. Court reporters -- appointment -- oath -- employment status

3-5-601. Court reporters -- appointment -- oath -- employment status.
(1) The judge of a district court may appoint a reporter for the court who is an officer of the court. The court reporter shall take the constitutional oath of office and file it with the clerk of court. In districts where there are two or more judges, each judge may appoint a reporter. The judge shall direct the performance of the court reporter's duties.
(2) Court reporter services may be provided by a court reporter appointed:
(a) as a state employee foregoing transcription fees;
(b) as a state employee retaining transcription fees; or
(c) as an independent contractor.
(3) A court reporter appointed under subsection (2)(a) or (2)(b) is subject to classification and compensation as determined by the judicial branch personnel plan adopted under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
(4) (a) If a court reporter is appointed under subsection (2)(a), the state shall provide all equipment and supplies for the reporter's use. Any transcription fees paid for the reporter's transcription services must be forwarded to the department of revenue for deposit in the state general fund.
(b) If a court reporter is appointed under subsection (2)(b), the state shall provide equipment and supplies for the reporter's use, except that the reporter shall provide and maintain all equipment and supplies for performance of transcription duties unless equipment is shared as provided in subsection (5). A reporter may not receive overtime for time spent on preparation of transcripts for which the reporter retains fees. The reporter shall retain all transcription fees paid for the reporter's transcription services.
(c) A court reporter appointed under subsection (2)(c) shall contract with the judicial branch as an independent contractor. The reporter shall provide and maintain the reporter's necessary equipment and supplies, retain all transcription fees paid for the reporter's transcript preparation services, and maintain professional liability insurance and workers' compensation coverage unless an exemption from workers' compensation coverage has been obtained pursuant to 39-71-401.
(5) A court reporter may use state-owned equipment under policies adopted by the district court council under 3-1-1602 to avoid duplication of equipment costs. Use of shared equipment under this subsection is not a violation of 2-2-121(2)(a).
History: Earlier acts were Secs. 1-3, pp. 393, 394, L. 1877; re-en. Secs. 1176-1178, 5th Div. Rev. Stat. 1879; amd. Secs. 1977-1981, 5th Div. Comp. Stat. 1887. This section en. Sec. 370, C. Civ. Proc. 1895; re-en. Sec. 6373, Rev. C. 1907; re-en. Sec. 8928, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 269; re-en. Sec. 8928, R.C.M. 1935; amd. Sec. 1, Ch. 22, L. 1961; R.C.M. 1947, 93-1901; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 14, Ch. 585, L. 2001; amd. Sec. 3, Ch. 152, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 6. Court Reporters › 3-5-602. Court reporter as independent contractor -- compensation and expenses

3-5-602. Court reporter as independent contractor -- compensation and expenses.
(1) Each court reporter who is an independent contractor under 3-5-601 is entitled to compensation as provided in the contract.
(2) The supreme court administrator shall pay the compensation due under subsection (1) as provided in 3-5-901 and 3-5-902.
(3) In judicial districts comprising more than one county, the court reporter is allowed, in addition to the compensation provided for in subsection (1) and fees, actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, when on official business to a county of the reporter's judicial district other than the county in which the reporter resides. The expenses are payable as provided in subsection (2).
History: En. Sec. 375, C. Civ. Proc. 1895; re-en. Sec. 6378, Rev. C. 1907; amd. Sec. 1, Ch. 80, L. 1909; re-en. Sec. 8933, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 271 and 274; amd. Sec. 1, Ch. 36, L. 1927; re-en. Sec. 8933, R.C.M. 1935; amd. Sec. 1, Ch. 73, L. 1945; amd. Sec. 1, Ch. 49, L. 1951; amd. Sec. 1, Ch. 125, L. 1953; amd. Sec. 1, Ch. 76, L. 1955; amd. Sec. 6, Ch. 22, L. 1961; amd. Sec. 1, Ch. 114, L. 1965; amd. Sec. 1, Ch. 221, L. 1967; amd. Sec. 1, Ch. 192, L. 1969; amd. Sec. 1, Ch. 183, L. 1973; amd. Sec. 1, Ch. 373, L. 1975; amd. Sec. 45, Ch. 344, L. 1977; R.C.M. 1947, 93-1906; amd. Sec. 7, Ch. 528, L. 1979; amd. Sec. 1, Ch. 647, L. 1979; amd. Sec. 1, Ch. 316, L. 1981; amd. Sec. 1, Ch. 156, L. 1983; amd. Sec. 4, Ch. 680, L. 1985; amd. Sec. 6, Ch. 1, Sp. L. 1985; amd. Secs. 1, 2, Ch. 640, L. 1989; amd. Sec. 7, Ch. 10, L. 1993; amd. Sec. 1, Ch. 384, L. 1997; amd. Sec. 40, Ch. 278, L. 2001; amd. Sec. 15, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 6. Court Reporters › 3-5-603. Duties

3-5-603. Duties.
Each reporter must, under the direction of the judge, attend all sittings of the court and take full stenographic notes of the testimony and of all proceedings given or had thereat except when the judge dispenses with the reporter's services in a particular cause or with respect to a portion of the proceedings therein. The reporter must file with the clerk forthwith the original stenographic notes taken upon a trial or hearing required to be taken by this subsection. The county in which the proceedings are held shall provide a safe and secure place for the clerk to store all official notes of the proceedings. The official notes must be kept for a period of 10 years.
History: Ap. p. Sec. 371, C. Civ. Proc. 1895; re-en. Sec. 6374, Rev. C. 1907; re-en. Sec. 8929, R.C.M. 1921; re-en. Sec. 8929, R.C.M. 1935; amd. Sec. 2, Ch. 22, L. 1961; Sec. 93-1902, R.C.M. 1947; Ap. p. Sec. 372, C. Civ. Proc. 1895; re-en. Sec. 6375, Rev. C. 1907; re-en. Sec. 8930, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 269; re-en. Sec. 8930, R.C.M. 1935; amd. Sec. 3, Ch. 22, L. 1961; amd. Sec. 43, Ch. 344, L. 1977; Sec. 93-1903, R.C.M. 1947; R.C.M. 1947, 93-1902, 93-1903; amd. Sec. 2, Ch. 156, L. 1983.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 6. Court Reporters › 3-5-611. Reporter pro tempore

3-5-611. Reporter pro tempore.
(1) The reporter of any district court shall perform the duties of the office in person except when excused for good and sufficient reason by order of the court. The order must be entered upon the minutes of the court. Employment in the reporter's professional capacity elsewhere is not a good and sufficient reason for the excuse.
(2) When the reporter of any court has been excused in the manner provided in this section, the court may appoint a reporter pro tempore, who shall take the same oath and perform the same duties and receive the same compensation during the time of employment as the regular reporter.
History: En. Sec. 376, C. Civ. Proc. 1895; re-en. Sec. 6379, Rev. C. 1907; re-en. Sec. 8934, R.C.M. 1921; re-en. Sec. 8934, R.C.M. 1935; amd. Sec. 7, Ch. 22, L. 1961; R.C.M. 1947, 93-1907; amd. Sec. 181, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 6. Court Reporters › 3-5-612. Reporter's report prima facie evidence

3-5-612. Reporter's report prima facie evidence.
The report of the reporter or reporter pro tempore of any court, duly appointed and sworn, when written out in longhand or printed in type and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
History: En. Sec. 377, C. Civ. Proc. 1895; re-en. Sec. 6380, Rev. C. 1907; re-en. Sec. 8935, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 273; re-en. Sec. 8935, R.C.M. 1935; amd. Sec. 8, Ch. 22, L. 1961; R.C.M. 1947, 93-1908.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 9. State Funding for District Courts › 3-5-902. Fiscal administration for payment of court expenses

3-5-902. Fiscal administration for payment of court expenses.
The supreme court administrator shall establish procedures for the direct payment of district court expenses listed in 3-5-901 and for the reimbursement of district court expenses to counties as provided in 3-5-901 and shall record payments at a detailed level for budgeting and auditing purposes. The supreme court administrator shall reimburse counties for district court expenses in a timely manner.
History: En. Sec. 2, Ch. 680, L. 1985; amd. Sec. 4, Ch. 1, Sp. L. 1985; amd. Sec. 19, Ch. 489, L. 1991; amd. Sec. 4, Ch. 704, L. 1991; amd. Sec. 18, Ch. 585, L. 2001; amd. Sec. 4, Ch. 583, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 5. District Courts › Part 9. State Funding for District Courts › 3-5-903. Repealed

3-5-903. Repealed.
Secs. 52(1), 63(3), Ch. 585, L. 2001.
History: En. Sec. 3, Ch. 680, L. 1985; amd. Sec. 5, Ch. 1, Sp. L. 1985; amd. Sec. 5, Ch. 704, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-101. Establishment of court

3-6-101. Establishment of court.
(1) A city with a population of 4,000 or more, according to the last federal census, may have a court, known as the municipal court of the city of (designating the name of the city) of the state of Montana. The court must be a court of record. The municipal court shall assume continuing jurisdiction over all pending city court cases in the city in which the municipal court is established.
(2) A city may have a municipal court only if the governing body of the city elects by a two-thirds majority vote to adopt the provisions of this chapter by ordinance and, in the ordinance, provides the manner in which and time when the municipal court is to be established and is to assume continuing jurisdiction over all pending city court cases. If a city judge is not an attorney and the office is abolished because a municipal court is established, the ordinance must provide that the time when the establishment of the municipal court takes effect is the date on which the municipal court judge elected at the next election held under 3-6-201 begins the municipal court judge's term of office. The ordinance must be consistent with the provisions of this chapter.
History: En. Sec. 1, Ch. 177, L. 1935; re-en. Sec. 5094.1, R.C.M. 1935; amd. Sec. 1, Ch. 429, L. 1977; R.C.M. 1947, 11-1701; amd. Sec. 1, Ch. 99, L. 1991; amd. Sec. 182, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-102. Abolition of city court

3-6-102. Abolition of city court.
(1) In cities in which a municipal court is established, the office of city judge is abolished.
(2) Except as provided in 3-6-101(2), a city judge whose office is abolished shall serve as a municipal court judge in the same city in which the judge served as city judge for the remainder of the judge's term and until the office of municipal court judge is filled by election, as provided under 3-6-201.
History: En. Sec. 16, Ch. 177, L. 1935; re-en. Sec. 5094.16, R.C.M. 1935; R.C.M. 1947, 11-1716; amd. Sec. 2, Ch. 99, L. 1991; amd. Sec. 2, Ch. 389, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-103. Jurisdiction

3-6-103. Jurisdiction.
(1) Except as provided in subsection (2), the municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal actions and proceedings provided for in 3-11-103.
(2) The municipal court has original jurisdiction of the following proceedings:
(a) actions for the collection of money due to the city or from the city to any person when the amount sought, exclusive of interest and costs, does not exceed $25,000;
(b) when the amount claimed, exclusive of costs, does not exceed $25,000, actions for:
(i) the breach of an official bond given by a city officer;
(ii) the breach of any contract when the city is a party or is in any way interested;
(iii) damages when the city is a party or is in any way interested;
(iv) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city; and
(v) collections on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (2)(b)(i) through (2)(b)(iv); and
(c) actions for the recovery of personal property belonging to the city when the value of the property, exclusive of the damages for taking or detention, does not exceed $25,000.
(3) Municipal courts have concurrent jurisdiction with the district court in actions arising under Title 70, chapters 24 through 27.
(4) Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court.
History: En. Sec. 2, Ch. 177, L. 1935; re-en. Sec. 5094.2, R.C.M. 1935; R.C.M. 1947, 11-1702; amd. Sec. 1, Ch. 330, L. 1991; amd. Sec. 1, Ch. 508, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-104. Powers and duties of the court

3-6-104. Powers and duties of the court.
(1) Except as otherwise provided by this chapter, chapter 30 of Title 25, and part 4 of chapter 17 of Title 46, the municipal court shall have in matters within its jurisdiction all the powers and duties of district judges in like cases. The court may make and alter rules for the conduct of its business and prescribe forms of process conformable to law.
(2) The municipal court shall establish rules for appeal to district court. The rules are subject to the supreme court's rulemaking and supervisory authority.
History: (1)En. Sec. 20, Ch. 177, L. 1935; re-en. Sec. 5094.19, R.C.M. 1935; Sec. 11-1719, R.C.M. 1947; (2)En. Sec. 17, Ch. 177, L. 1935; re-en. Sec. 5094.17, R.C.M. 1935; amd. Sec. 9, Ch. 429, L. 1977; Sec. 11-1717, R.C.M. 1947; R.C.M. 1947, 11-1717(3), 11-1719(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-105. Courtroom and supplies

3-6-105. Courtroom and supplies.
A room for the municipal court, with necessary furniture, fixtures, and supplies, shall be provided by the city wherein the court is located.
History: En. Sec. 5, Ch. 177, L. 1935; re-en. Sec. 5094.5, R.C.M. 1935; amd. Sec. 5, Ch. 429, L. 1977; R.C.M. 1947, 11-1705.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-106. Sessions of court -- departments

3-6-106. Sessions of court -- departments.
(1) The municipal court must be in continuous session from 9 a.m. to noon and from 1 p.m. to 4 p.m. on every day except nonjudicial days. The judge may designate additional hours as the judge believes necessary. If there is more than one judge, each judge may hold a session of the court and may designate additional hours as the judge believes necessary.
(2) If there is more than one judge, the chief municipal court judge shall divide the court into departments, make rules for the government of the court, and describe the order of the court's business. Each department must be numbered, and a judge must be assigned to each department.
History: En. Sec. 8, Ch. 177, L. 1935; re-en. Sec. 5094.8, R.C.M. 1935; amd. Sec. 6, Ch. 429, L. 1977; R.C.M. 1947, 11-1708; amd. Sec. 1, Ch. 167, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 1. General Provisions › 3-6-110. Appeal to district court -- record on appeal

3-6-110. Appeal to district court -- record on appeal.
(1) A party may appeal to district court from a municipal court judgment or order. 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.
History: En. Sec. 6, Ch. 99, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 2. Municipal Court Judges › 3-6-201. Number of judges -- election -- term of office -- chief judge -- duties of chief judge

3-6-201. Number of judges -- election -- term of office -- chief judge -- duties of chief judge.
(1) The governing body of a city shall determine by ordinance the number of judges required to operate the municipal court.
(2) A municipal court judge must be elected at the general election, as provided in 13-1-104(3). The judge's term commences on the first Monday in January following the election. The judge shall hold office for the term of 4 years and until a successor is elected and qualified.
(3) Except as provided in subsection (2), all elections of municipal court judges are governed by the laws applicable to the election of district court judges.
(4) (a) If there is more than one municipal court judge, the judges shall adopt a procedure by which they either:
(i) select a chief municipal court judge at the beginning of each calendar year; or
(ii) select a chief municipal court judge for a specific period of time.
(b) If the judges cannot agree, the judge with the most seniority shall serve as the chief municipal court judge.
(5) The chief municipal court judge shall provide for the efficient management of the court, in cooperation with the other judge or judges, if any, and shall:
(a) maintain a central docket of the court's cases;
(b) provide for the distribution of cases from the central docket among the judges, if there is more than one judge, in order to equalize the work of the judges;
(c) request the jurors needed for cases set for jury trial;
(d) if there is more than one judge, temporarily reassign or substitute judges among the departments as necessary to carry out the business of the court; and
(e) supervise and control the court's personnel and the administration of the court.
History: En. Sec. 3, Ch. 177, L. 1935; re-en. Sec. 5094.3, R.C.M. 1935; amd. Sec. 2, Ch. 429, L. 1977; R.C.M. 1947, 11-1703; amd. Sec. 376, Ch. 571, L. 1979; amd. Sec. 3, Ch. 99, L. 1991; amd. Sec. 2, Ch. 167, L. 2005; amd. Sec. 13, Ch. 49, L. 2015; amd. Sec. 1, Ch. 318, L. 2019; amd. Sec. 1, Ch. 184, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 2. Municipal Court Judges › 3-6-202. Qualifications -- certification -- training

3-6-202. Qualifications -- certification -- training.
(1) A municipal court judge must have the same qualifications as a judge of a district court, as set forth in Article VII, section 9, of the Montana constitution, except that a municipal court judge need only be admitted to the practice of law in Montana for at least 3 years prior to the date of appointment or election.
(2) A municipal court judge shall reside in the county in which the court is located and shall meet the residency requirements provided in 3-10-204.
(3) The commission on courts of limited jurisdiction, upon finding compliance with subsections (1) and (2), shall issue a certificate, as required in 3-1-1502, prior to the municipal court judge assuming office. The certificate must be conditioned upon continued compliance with the minimum judicial education requirements provided for in this section. The certificate must be filed with the clerk and recorder as provided in 3-1-1502.
(4) A municipal court judge shall complete a minimum of 15 hours of continuing judicial education requirements each year or a greater number established by the supreme court. Attendance at the two annual training sessions under 3-10-203 may fulfill the requirement provided for in this subsection.
(5) Completion of a course approved for continuing judicial or legal education hours applies to the judicial education requirements under subsection (4).
(6) A municipal court judge is entitled to reimbursement by the city in which the judge holds or will hold court for all actual and necessary expenses and costs incurred in attending a continuing judicial or legal education course.
(7) On or before December 31 of each year, a municipal court judge shall file an affidavit of compliance with the continuing judicial education requirements established in this section with the commission on courts of limited jurisdiction. The supreme court may sanction a municipal court judge or declare a vacancy in the office of the judge for failure to meet the training requirements established in this section.
History: En. Sec. 4, Ch. 177, L. 1935; re-en. Sec. 5094.4, R.C.M. 1935; amd. Sec. 1, Ch. 124, L. 1974; amd. Sec. 3, Ch. 429, L. 1977; R.C.M. 1947, 11-1704(1); amd. Sec. 3, Ch. 317, L. 1991; amd. Sec. 3, Ch. 389, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 2. Municipal Court Judges › 3-6-203. Salary

3-6-203. Salary.
The salary of the municipal court judge must be set by ordinance or resolution and is payable monthly by the city treasurer. Actual and necessary expenses for the municipal court judge are expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance of official duties.
History: En. Sec. 4, Ch. 177, L. 1935; re-en. Sec. 5094.4, R.C.M. 1935; amd. Sec. 1, Ch. 124, L. 1974; amd. Sec. 3, Ch. 429, L. 1977; R.C.M. 1947, 11-1704(2); amd. Sec. 8, Ch. 528, L. 1979; amd. Sec. 4, Ch. 99, L. 1991; amd. Sec. 183, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 2. Municipal Court Judges › 3-6-204. Disqualification -- judge pro tempore

3-6-204. Disqualification -- judge pro tempore.
When a judge of a municipal court has been disqualified or is sick or unable to act, the judge shall call in a sitting or retired judge of a court of record or an attorney who is a member of the state bar of Montana and is in good standing to act as a judge pro tempore. The judge pro tempore has the same power and authority as the municipal court judge.
History: En. Sec. 13, Ch. 177, L. 1935; re-en. Sec. 5094.13, R.C.M. 1935; R.C.M. 1947, 11-1713; amd. Sec. 20, Ch. 21, L. 1979; amd. Sec. 4, Ch. 389, L. 2003; amd. Sec. 3, Ch. 167, L. 2005; amd. Sec. 3, Ch. 557, L. 2005; amd. Sec. 1, Ch. 105, L. 2013.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 3. Conduct of Court Business › 3-6-301. Clerk of the court -- administrative expenses

3-6-301. Clerk of the court -- administrative expenses.
The position of municipal court clerk of the court must be established by ordinance. The governing body of the city shall set the salary of the clerk and provide for other necessary expenses that may be incurred in operating the court.
History: En. Sec. 6, Ch. 177, L. 1935; re-en. Sec. 5094.6, R.C.M. 1935; R.C.M. 1947, 11-1706(part); amd. Sec. 5, Ch. 99, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 3. Conduct of Court Business › 3-6-302. Records -- electronic filing and storage

3-6-302. Records -- electronic filing and storage.
(1) The records of the court must be kept by the clerk. The records in civil causes must conform as nearly as possible to the records of district courts. In criminal causes, in cases arising under city ordinances, and in cases mentioned in 3-11-103, the records must be similar to the records now kept in justices' courts.
(2) The clerk may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.
History: En. Sec. 6, Ch. 177, L. 1935; re-en. Sec. 5094.6, R.C.M. 1935; R.C.M. 1947, 11-1706(part); amd. Sec. 21, Ch. 21, L. 1979; amd. Sec. 5, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 6. Municipal Courts › Part 3. Conduct of Court Business › 3-6-303. Officers of court

3-6-303. Officers of court.
(1) The chief of police of the city is the executive officer of the municipal court. The chief of police shall serve all process and execute all orders of the court, either in person or by subordinate police officer, who shall execute process in the chief's name.
(2) The chief of police, with the approval of the judge, shall appoint one or more police officers or reserve officers, as defined in 7-32-201, as court officers, one of whom shall attend the sessions of the court and perform all duties in connection with the court that the judge may require.
History: En. Sec. 7, Ch. 177, L. 1935; re-en. Sec. 5094.7, R.C.M. 1935; R.C.M. 1947, 11-1707; amd. Sec. 184, Ch. 61, L. 2007; amd. Sec. 1, Ch. 195, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 1. Water Divisions › 3-7-101. Water divisions

3-7-101. Water divisions.
To adjudicate existing water rights and to conduct hearings in cases certified under 85-2-309, water divisions are established as defined in 3-7-102. A water division shall be presided over by a water judge.
History: En. Sec. 1, Ch. 697, L. 1979; amd. Sec. 1, Ch. 596, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 1. Water Divisions › 3-7-102. Water divisions boundaries

3-7-102. Water divisions boundaries.
There are four water divisions whose boundaries are formed by the natural divides between drainages and the borders of the state of Montana and which are described as follows:
(1) The Yellowstone River basin water division consists of those areas drained by the Yellowstone and Little Missouri Rivers and any remaining areas in Carter County.
(2) The lower Missouri River basin water division consists of those areas drained by the Missouri River from below the mouth of the Marias River and any remaining areas in Glacier and Sheridan Counties.
(3) The upper Missouri River basin water division consists of those areas drained by the Missouri River to below the mouth of the Marias River.
(4) The Clark Fork River basin water division consists of the areas drained by the Clark Fork River, the Kootenai River, and any remaining areas in Lincoln County.
History: En. Sec. 2, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 1. Water Divisions › 3-7-103. Promulgation of rules and prescription of forms -- advisory committee

3-7-103. Promulgation of rules and prescription of forms -- advisory committee.
(1) As soon as practicable the Montana supreme court may promulgate special rules of practice and procedure and shall prescribe forms for use in connection with this chapter and Title 85, chapter 2, parts 2 and 7, in consultation with the water judge and the department of natural resources and conservation.
(2) (a) The chief water judge shall appoint a water adjudication advisory committee to provide recommendations to the water court, the Montana supreme court, the department of natural resources and conservation, and the legislature on methods to improve and expedite the water adjudication process.
(b) The committee consists of three nongovernmental attorneys who practice before the water court, one district court judge, and three water users who have filed statements of claim with the department of natural resources and conservation under this chapter.
(c) The chief water judge or the judge's designee shall serve as an ex officio member of the committee. The Montana supreme court may appoint the attorney general or the attorney general's designee, a representative from the department of natural resources and conservation, and a representative of the United States government as ex officio members of the committee.
(d) The committee members shall serve at the pleasure of the water court and shall serve without compensation.
(e) The committee shall file a report with the Montana supreme court by October 1, 1996, and as often as determined by the Montana supreme court.
History: En. Sec. 10, Ch. 697, L. 1979; amd. Sec. 16, Ch. 575, L. 1981; amd. Sec. 1, Ch. 421, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-201. Designation of water judge

3-7-201. Designation of water judge.
(1) A water judge must be designated for each water division by a majority vote of a committee composed of the district court judge from each single-judge judicial district and the chief district judge from each multijudge judicial district, wholly or partly within the division. Except as provided in subsection (2), a water judge must be a district court judge or retired district court judge of a judicial district wholly or partly within the water division.
(2) A district court judge or retired district court judge may sit as a water judge in more than one division if requested by the chief justice of the supreme court or the water judge of the division in which the judge is requested to sit.
(3) A water judge, when presiding over a water division, presides as district court judge in and for each judicial district wholly or partly within the water division.
History: En. Sec. 1, Ch. 697, L. 1979; amd. Sec. 1, Ch. 80, L. 1981; amd. Sec. 1, Ch. 604, L. 1989; amd. Sec. 185, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-202. Term of office

3-7-202. Term of office.
The term of office for water judges is from the date of initial appointment as provided in 3-7-201 to June 30, 1985. After June 30, 1985, the term of office of a water judge is 4 years, subject to continuation of the water divisions by the legislature.
History: En. Sec. 9, Ch. 697, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 7. Water Courts › Part 2. Water Judges › 3-7-203. Vacancies

3-7-203. Vacancies.
If a vacancy in the office of water judge occurs, it must be filled in the manner provided in 3-7-201 for the initial designation of a water judge. A vacancy is created when a water judge dies, resigns, retires, is not elected to a subsequent term, forfeits the judicial position, is removed, or is otherwise unable to complete the term as a water judge.
History: En. Sec. 8, Ch. 697, L. 1979; amd. Sec. 2, Ch. 80, L. 1981; amd. Sec. 186, Ch. 61, L. 2007.