reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2617. Procedure to record documents

7-4-2617. Procedure to record documents.
(1) When any instrument, paper, or notice authorized by law to be recorded is deposited for record in the office of the county clerk, as ex officio recorder, and accompanied by the required fee, the clerk must endorse upon the document the time it was received, noting the year, month, day, hour, and minute of its receipt, and the receipt of the instrument must be immediately entered in the county clerk and recorder's receipt book.
(2) If the printed, written, or typed words or numbers are considered by the clerk and recorder to be illegible and not legibly reproducible, the clerk and recorder must affix to the recorded document a statement that the document is illegible and not legibly reproducible.
(3) The county clerk shall record the instrument without delay, together with the acknowledgment, proofs, and certificates written upon or attached to the instrument and with the plats, surveys, schedule, and other attached papers, in the order and as of the time when the instrument was received for recording, and shall note at the foot of the record the exact time of its receipt.
(4) The county clerk shall also endorse upon each instrument, paper, or notice the time when and the book and pages or document number in which it is recorded and shall deliver it, upon request, to the party leaving the document for recording or to the party's order.
History: (1), (2)En. Sec. 4418, Pol. C. 1895; re-en. Sec. 3039, Rev. C. 1907; re-en. Sec. 4805, R.C.M. 1921; Cal. Pol. C. Sec. 4241; amd. Sec. 1, Ch. 2, L. 1929; amd. Sec. 1, Ch. 27, L. 1931; re-en. Sec. 4805, R.C.M. 1935; amd. Sec. 1, Ch. 11, L. 1949; Sec. 16-2911, R.C.M. 1947; (3)En. Sec. 4419, Pol. C. 1895; re-en. Sec. 3040, Rev. C. 1907; re-en. Sec. 4806, R.C.M. 1921; Cal. Pol. C. Sec. 4242; re-en. Sec. 4806, R.C.M. 1935; Sec. 16-2912, R.C.M. 1947; R.C.M. 1947, 16-2911(part), 16-2912; amd. Sec. 1, Ch. 551, L. 1983; amd. Sec. 1, Ch. 82, L. 1989; amd. Sec. 422, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2618. Addresses required to record certain documents

7-4-2618. Addresses required to record certain documents.
The county clerk shall not receive for recording any deed, mortgage, or assignment of mortgage unless the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be, is contained therein. This requirement shall not affect the validity of the record of any instrument which has been or may be recorded.
History: En. Sec. 4418, Pol. C. 1895; re-en. Sec. 3039, Rev. C. 1907; re-en. Sec. 4805, R.C.M. 1921; Cal. Pol. C. Sec. 4241; amd. Sec. 1, Ch. 2, L. 1929; amd. Sec. 1, Ch. 27, L. 1931; re-en. Sec. 4805, R.C.M. 1935; amd. Sec. 1, Ch. 11, L. 1949; R.C.M. 1947, 16-2911(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2620. Details relating to indexes

7-4-2620. Details relating to indexes.
(1) The county clerk may keep in the same volume any two or more of the indexes mentioned in 7-4-2619, but the several indexes must be kept distinct from each other, with the volumes distinctly marked on the outside in such way as to show all the indexes kept therein.
(2) The names of the parties in the first column of the several indexes must be arranged in alphabetical order. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the index. When an instrument is recorded to which an executor, administrator, or trustee is a party, the name of such executor, administrator, or trustee, together with the name of the testator or intestate or party for whom the trust is held, must be inserted in the index.
History: En. Sec. 4417, Pol. C. 1895; re-en. Sec. 3038, Rev. C. 1907; re-en. Sec. 4804, R.C.M. 1921; Cal. Pol. C. Sec. 4240; re-en. Sec. 4804, R.C.M. 1935; R.C.M. 1947, 16-2910.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2621. Search of records

7-4-2621. Search of records.
Upon the application of any person and upon the payment of the applicable fees, the county clerk may:
(1) make searches for conveyances, mortgages, and all other instruments recorded or filed in the county clerk's office; and
(2) furnish a certificate stating the names of the parties to the instruments; the dates of the instruments; the year, month, day, hour, and minute they were recorded or filed; and the book and pages where they are recorded.
History: En. Sec. 4420, Pol. C. 1895; re-en. Sec. 3041, Rev. C. 1907; re-en. Sec. 4807, R.C.M. 1921; Cal. Pol. C. Sec. 4243; re-en. Sec. 4807, R.C.M. 1935; R.C.M. 1947, 16-2913; amd. Sec. 1, Ch. 156, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2622. Availability of records

7-4-2622. Availability of records.
All books or records, maps, charts, surveys, and other papers on file in the county clerk's office must be open during office hours for the inspection of any person who may desire to inspect them and may be inspected without charge. The county clerk shall arrange the books of record and indexes in the office in suitable places that facilitate their inspection.
History: En. Sec. 4423, Pol. C. 1895; re-en. Sec. 3044, Rev. C. 1907; re-en. Sec. 4810, R.C.M. 1921; Cal. Pol. C. Sec. 4246; re-en. Sec. 4810, R.C.M. 1935; R.C.M. 1947, 16-2916; amd. Sec. 423, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2623. Liability of clerk relating to duties as recorder

7-4-2623. Liability of clerk relating to duties as recorder.
A county clerk is liable to the party aggrieved for three times the amount of the damages that may result and is punishable as provided in this code if the county clerk to whom an instrument is delivered for record:
(1) neglects or refuses to record the instrument within reasonable time after receipt;
(2) falsely records an instrument or records an instrument in any other manner than as directed in this part;
(3) neglects or refuses to keep in the clerk's office indexes that are required by this part or to make the proper entries in the indexes; or
(4) alters, changes, or obliterates any records deposited in the clerk's office or inserts any new matter in the records.
History: En. Sec. 4421, Pol. C. 1895; re-en. Sec. 3042, Rev. C. 1907; re-en. Sec. 4808, R.C.M. 1921; Cal. Pol. C. Sec. 4244; re-en. Sec. 4808, R.C.M. 1935; R.C.M. 1947, 16-2914; amd. Sec. 2, Ch. 156, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2632. Fee when recording done by mechanical means

7-4-2632. Fee when recording done by mechanical means.
Except as provided in 7-2-2803(4), whenever recording is done by a photographic or similar process, the county clerk and recorder shall charge $7 for each page or fraction of a page of the instrument for recording.
History: En. Sec. 4635, Pol. C. 1895; re-en. Sec. 3168, Rev. C. 1907; amd. Sec. 1, Ch. 117, L. 1911; re-en. Sec. 4917, R.C.M. 1921; re-en. Sec. 4917, R.C.M. 1935; amd. Sec. 1, Ch. 87, L. 1941; amd. Sec. 1, Ch. 90, L. 1953; amd. Sec. 1, Ch. 202, L. 1955; amd. Sec. 2, Ch. 148, L. 1957; amd. Sec. 1, Ch. 9, L. 1959; amd. Sec. 11-115, Ch. 264, L. 1963; amd. Sec. 73, Ch. 348, L. 1974; amd. Sec. 32, Ch. 213, L. 1975; R.C.M. 1947, 25-231(8); amd. Sec. 2, Ch. 414, L. 1981; amd. Sec. 2, Ch. 467, L. 1983; amd. Sec. 2, Ch. 27, L. 1985; amd. Sec. 1, Ch. 355, L. 1991; amd. Sec. 12, Ch. 135, L. 2005; amd. Sec. 16, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2633. Repealed

7-4-2633. Repealed.
Sec. 3, Ch. 414, L. 1981.
History: En. Sec. 4635, Pol. C. 1895; re-en. Sec. 3168, Rev. C. 1907; amd. Sec. 1, Ch. 117, L. 1911; re-en. Sec. 4917, R.C.M. 1921; re-en. Sec. 4917, R.C.M. 1935; amd. Sec. 1, Ch. 87, L. 1941; amd. Sec. 1, Ch. 90, L. 1953; amd. Sec. 1, Ch. 202, L. 1955; amd. Sec. 2, Ch. 148, L. 1957; amd. Sec. 1, Ch. 9, L. 1959; amd. Sec. 11-115, Ch. 264, L. 1963; amd. Sec. 73, Ch. 348, L. 1974; amd. Sec. 32, Ch. 213, L. 1975; R.C.M. 1947, 25-231(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2634. Fees to be noted on recorded documents

7-4-2634. Fees to be noted on recorded documents.
On each instrument delivered for recording, the county clerk shall endorse on it all charges made for each service, and the endorsement must be recorded as a part of the instrument in the county clerk's office to document the charges entered on the fee book or reception record in the county clerk's office.
History: En. Sec. 4635, Pol. C. 1895; re-en. Sec. 3168, Rev. C. 1907; amd. Sec. 1, Ch. 117, L. 1911; re-en. Sec. 4917, R.C.M. 1921; re-en. Sec. 4917, R.C.M. 1935; amd. Sec. 1, Ch. 87, L. 1941; amd. Sec. 1, Ch. 90, L. 1953; amd. Sec. 1, Ch. 202, L. 1955; amd. Sec. 2, Ch. 148, L. 1957; amd. Sec. 1, Ch. 9, L. 1959; amd. Sec. 11-115, Ch. 264, L. 1963; amd. Sec. 73, Ch. 348, L. 1974; amd. Sec. 32, Ch. 213, L. 1975; R.C.M. 1947, 25-231(17); amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 5, Ch. 179, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2635. Records preservation fund authorized

7-4-2635. Records preservation fund authorized.
(1) The board of county commissioners shall establish a records preservation fund for the purpose of preserving the records maintained by the county clerk and recorder. The county clerk and recorder is responsible for expenditures from the fund and shall use the money for records preservation.
(2) The county clerk and recorder shall deposit $1 of the fee received under 7-4-2632 into the records preservation fund.
(3) The governing body of the county may transfer to the general fund any money in the records preservation fund that is not needed for records preservation.
History: En. Sec. 2, Ch. 355, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2636. Standards for recorded documents -- exemptions

7-4-2636. Standards for recorded documents -- exemptions.
(1) Unless accompanied by the appropriate fee required in 7-4-2637, a document submitted for recording must:
(a) be legibly printed or typed in blue or black ink on white paper that is either 8 1/2 x 11 inches or 8 1/2 x 14 inches in size;
(b) provide the names of the parties to the conveyance on the first or second page of any document with more than one page;
(c) provide a description of the property if the document conveys an interest in real property;
(d) have all signatures, initials, dates, or handwriting in blue or black ink;
(e) except as provided in subsection (1)(f) and except for page numbers, initials, or other designations, have margins that are clear of all markings in the following dimensions:
(i) at least 3 inches at the top of the first page and at least 1 inch at the top of the second and any subsequent pages;
(ii) at least 1 inch on the bottom of each page;
(iii) at least 1/2 inch on the sides of each page; and
(f) include the name and mailing address of the person to whom the document is to be returned in the upper left-hand corner of the first page between the 1/2-inch side margins of each document submitted and may include legibly printed or typed transactional information.
(2) (a) Except as provided in subsection (2)(b), only documents submitted for recording and filing that conform to the provisions of this section are considered standard documents for the purposes of 7-4-2637.
(b) Documents that are acknowledged as having been executed prior to April 28, 2007, must be accepted for recording and considered standard documents, regardless of whether they conform to the provisions of this section.
(3) (a) An acknowledgment by a notary is exempt from the color and margin requirements of this section.
(b) Page numbers, the name and mailing address of the person to whom the document is to be returned, and other administrative information or designations may appear in the margins.
(c) If the notarial seal is made by impression of an embosser, the seal is exempt from the margin requirements of this section.
(4) An officially certified court or other government document, whether from an in-state or out-of-state office, is exempt from the provisions of this section.
History: En. Sec. 1, Ch. 571, L. 2003; amd. Sec. 1, Ch. 344, L. 2007; amd. Sec. 1, Ch. 45, L. 2011; amd. Sec. 1, Ch. 135, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2637. Fees for recording documents

7-4-2637. Fees for recording documents.
(1) Except as provided in 7-2-2803(4) and 7-4-2631, the fee for recording a standard document that meets the requirements of 7-4-2636 is $8 for each page or fraction of a page.
(2) Except as provided in 7-2-2803(4), the fee for recording a document that does not meet the requirements of 7-4-2636 is the fee specified in subsection (1) plus $10.
(3) (a) Of the fees collected under subsection (1), for each page or fraction of a page:
(i) $1 must be deposited in the records preservation fund, provided for in 7-4-2635;
(ii) 50 cents must be deposited in the county land information account provided for in 7-6-2230;
(iii) $1.50 must be transmitted each month to the department of revenue in the manner prescribed by the department of revenue for deposit in the Montana geospatial information account created in 90-1-409; and
(iv) the remainder must be deposited as provided for in 7-4-2511.
(b) The fees collected under subsection (2) must be deposited in the records preservation fund provided for in 7-4-2635.
History: En. Sec. 2, Ch. 571, L. 2003; amd. Sec. 13, Ch. 135, L. 2005; amd. Sec. 2, Ch. 135, L. 2011; amd. Sec. 17, Ch. 347, L. 2011; amd. Sec. 1, Ch. 226, L. 2021; amd. Sec. 2, Ch. 110, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2701. Qualifications for county attorney in certain counties

7-4-2701. Qualifications for county attorney in certain counties.
(1) A person is not eligible for the position of full-time county attorney in counties that have a population in excess of 30,000 unless the person is a citizen of the United States and has resided in the state 2 years immediately before taking office and has been admitted to the practice of law for at least 5 years before the date of election or appointment.
(2) A person is not eligible for the position of full-time county attorney in counties that have a population of less than 30,000 unless the person is a citizen of the United States and has resided in the state 2 years immediately before taking office and has been admitted to the practice of law for at least 3 years before the date of election or appointment.
(3) A person is not eligible for the position of part-time county attorney in counties that have a population of less than 30,000 unless the person is a citizen of the United States and resides in the state and has been admitted to the practice of law before taking office.
History: En. 16-3107 by Sec. 2, Ch. 102, L. 1975; R.C.M. 1947, 16-3107; amd. Sec. 1, Ch. 160, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2702. Procedure to fill vacancy in office of county attorney

7-4-2702. Procedure to fill vacancy in office of county attorney.
Whenever a vacancy in the office of county attorney arises in a county, the board of county commissioners is authorized to appoint an attorney who meets the qualifications established in 7-4-2701 to fill the vacancy.
History: En. Sec. 4, Ch. 61, L. 1909; re-en. Sec. 4486, R.C.M. 1921; re-en. Sec. 4486, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1947; R.C.M. 1947, 16-1126(part); amd. Sec. 2, Ch. 160, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2703. Limitation on number of deputies

7-4-2703. Limitation on number of deputies.
In counties having a taxable valuation of $30 million or more, the county attorney may appoint one chief deputy and one deputy. In all other counties, the county attorney may appoint a chief deputy or a deputy only with the approval of the board of county commissioners.
History: En. Sec. 2, Ch. 75, L. 1905; re-en. Sec. 3128, Rev. C. 1907; re-en. Sec. 4880, R.C.M. 1921; re-en. Sec. 4880, R.C.M. 1935; amd. Sec. 1, Ch. 97, L. 1939; amd. Sec. 2, Ch. 87, L. 1943; amd. Sec. 7, Ch. 391, L. 1973; R.C.M. 1947, 16-3706(part); amd. Sec. 17, Ch. 443, L. 1979; amd. Sec. 13, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2704. Limitations on activities of county attorneys and deputy county attorneys

7-4-2704. Limitations on activities of county attorneys and deputy county attorneys.
(1) The county attorney, except for the county attorney's personally rendered services, may not present a claim, account, or other demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another.
(2) Except as provided in subsection (4), in each county in which the office of county attorney is a full-time position pursuant to 7-4-2706, the county attorney is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except that the county attorney may engage in self-representation and may represent the county attorney's immediate family.
(3) Except as provided in subsection (4), a deputy county attorney in a county in which the office of county attorney is a full-time position pursuant to 7-4-2706 who is paid 70% or more of the county attorney's salary is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except as to those matters in which the deputy county attorney has a direct interest.
(4) Any elected or appointed county attorney and any deputy county attorney must, upon demonstration of need to the board of county commissioners, be granted a period of time, not to exceed 3 months from the date that the person takes office, to complete any pending matters remaining from a previous private practice of law. During that time, the county attorney and any appointed deputy are bound by the customary rules of ethics applicable to attorneys at law.
History: Ap. p. Sec. 4453, Pol. C. 1895; re-en. Sec. 3055, Rev. C. 1907; re-en. Sec. 4822, R.C.M. 1921; Cal. Pol. C. Sec. 4258; re-en. Sec. 4822, R.C.M. 1935; Sec. 16-3104, R.C.M. 1947; Ap. p. Secs. 1, 4, Ch. 102, L. 1975; Secs. 16-3106, 16-3108, R.C.M. 1947; R.C.M. 1947, 16-3104, 16-3106, 16-3108; amd. Sec. 1, Ch. 300, L. 1981; amd. Sec. 424, Ch. 61, L. 2007; amd. Sec. 4, Ch. 230, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2705. Employment of special counsel

7-4-2705. Employment of special counsel.
The board of county commissioners may employ or authorize the county attorney to employ special counsel to assist in the prosecution of any criminal case pending in the county or to represent the county in any civil action in which the county is a party.
History: En. Sec. 4, Ch. 61, L. 1909; re-en. Sec. 4486, R.C.M. 1921; re-en. Sec. 4486, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1947; R.C.M. 1947, 16-1126(part); amd. Sec. 14, Ch. 128, L. 2011; amd. Sec. 1, Ch. 364, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2706. County attorney to be full or part time -- resolution

7-4-2706. County attorney to be full or part time -- resolution.
(1) (a) In a county with a population of less than 30,000, the county commissioners may, with the consent of the county attorney, by resolution effective July 1 of any year, establish the office of county attorney as a full-time or part-time position.
(b) A copy of a resolution adopted under subsection (1)(a) must be provided to the department of justice.
(2) In a county with a population of 30,000 or more, the office of county attorney must be a full-time position.
History: En. Sec. 1, Ch. 669, L. 1979; amd. Sec. 1, Ch. 301, L. 1981; amd. Sec. 5, Ch. 507, L. 2001; amd. Sec. 5, Ch. 230, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2707. Contract for services of county attorney from another county

7-4-2707. Contract for services of county attorney from another county.
The county commissioners of any county may, upon the consent of the county attorney, by agreement with the commissioners and county attorney of any other county, contract in writing to employ any other county attorney or attorney member of a county attorney's staff to perform civil or criminal legal services for the county at a reasonable rate. The provisions of this section are subject to the provisions of interlocal cooperative agreements.
History: En. Sec. 2, Ch. 669, L. 1979; amd. Sec. 425, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2708. Contract for services of any other attorney

7-4-2708. Contract for services of any other attorney.
In any county, the county commissioners may employ any attorney licensed in Montana to perform any legal service in connection with the civil business of the county.
History: En. Sec. 3, Ch. 669, L. 1979; amd. Sec. 1, Ch. 58, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2711. County attorney to be legal adviser of county and other subdivisions

7-4-2711. County attorney to be legal adviser of county and other subdivisions.
(1) The county attorney is the legal adviser of the board of county commissioners. The county attorney shall attend their meetings when required and shall attend and oppose all claims and accounts against the county that are unjust or illegal. The county attorney shall defend all suits brought against the county.
(2) The county attorney shall:
(a) give, when required and without fee, an opinion in writing to the county, district, and township officers on matters relating to the duties of their respective offices;
(b) act as counsel, without fee, for fire districts and fire service areas in unincorporated territories, towns, or villages within the county;
(c) when requested by a conservation district pursuant to 76-15-319, act as counsel, without fee;
(d) when requested by a weed district pursuant to 7-22-2109, act as counsel, without fee; and
(e) when requested by a county hospital board pursuant to 7-34-2115, act as counsel, without fee, unless the legal action requested involves the county commissioners.
History: Ap. p. Sec. 4451, Pol. C. 1895; re-en. Sec. 3053, Rev. C. 1907; re-en Sec. 4820, R.C.M. 1921; Cal. Pol. C. Sec. 4257; re-en. Sec. 4820, R.C.M. 1935; Sec. 16-3102, R.C.M. 1947; Ap. p. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; Sec. 16-3101, R.C.M. 1947; R.C.M. 1947, 16-3101(part), 16-3102; amd. Sec. 1, Ch. 533, L. 1979; amd. Sec. 1, Ch. 52, L. 1989; amd. Sec. 1, Ch. 7, L. 1991; amd. Sec. 1, Ch. 88, L. 1991; amd. Sec. 426, Ch. 61, L. 2007; amd. Sec. 1, Ch. 244, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2712. Prosecutorial duties

7-4-2712. Prosecutorial duties.
The county attorney is the public prosecutor and shall:
(1) institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed and for that purpose, whenever not otherwise officially engaged, must be present and assist the magistrate in cases of arrest and appear before and give advice to the grand jury whenever cases are presented to them for their consideration;
(2) draw all indictments and informations.
History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 427, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2713. Actions to recover money

7-4-2713. Actions to recover money.
The county attorney shall prosecute all recognizances forfeited in the courts of record and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county.
History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 428, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2714. Recovery of illegally paid money

7-4-2714. Recovery of illegally paid money.
Whenever the board of county commissioners, without authority of law, orders any money paid as a salary or fee or for any other purpose and the money has been actually paid or whenever any other county officer has drawn a warrant in the officer's own favor or in favor of any other person without being authorized by the board or by law and the warrant has been paid, the county attorney shall institute an action in the name of the county against the person to recover the money and 25% damages for the use of the money. An order of the board is unnecessary to maintain this suit. Whenever the money has not been paid on the order or warrant, it is the duty of the county attorney, upon receiving notice, to commence an action in the name of the county for restraining the payment of the money, and an order of the board is unnecessary to maintain the action.
History: En. Secs. 4200, 4452, Pol. C. 1895; re-en. Secs. 2880, 3054, Rev. C. 1907; re-en. Secs. 4451, 4821, R.C.M. 1921; re-en. Secs. 4451, 4821, R.C.M. 1935; R.C.M. 1947, 16-812, 16-3103; amd. Sec. 18, Ch. 443, L. 1979; amd. Sec. 429, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2715. Records and reports

7-4-2715. Records and reports.
The county attorney shall:
(1) deliver receipts for money or property received in an official capacity and file duplicates of the receipts with the county treasurer;
(2) on the first Monday of January, April, July, and October in each year file with the county clerk an account, verified by oath, of all money received by the county attorney in an official capacity during the preceding 3 months and at the same time pay it over to the county treasurer.
History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(4), (5), (8); amd. Sec. 430, Ch. 61, L. 2007; amd. Sec. 12, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2716. Duties related to state matters

7-4-2716. Duties related to state matters.
The county attorney shall:
(1) attend the district court and conduct, on behalf of the state, all prosecutions for public offenses and represent the state in all matters and proceedings to which it is a party or in which it may be beneficially interested, at all times and in all places within the limits of the county;
(2) when ordered or directed by the attorney general to do so, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding;
(3) defend all suits brought against the state.
History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 431, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2717. Other duties

7-4-2717. Other duties.
The county attorney must perform such other duties as are prescribed by law.
History: En. Sec. 4454, Pol. C. 1895; re-en. Sec. 3056, Rev. C. 1907; re-en. Sec. 4823, R.C.M. 1921; re-en. Sec. 4823, R.C.M. 1935; R.C.M. 1947, 16-3105.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 27. Office of County Attorney › 7-4-2718. Referral of complaint

7-4-2718. Referral of complaint.
If a county attorney receives a complaint concerning official misconduct as provided in 45-7-401 of a local government public officer and the county attorney does not commence an action pursuant to 45-7-401(3), the county attorney shall refer the complaint and any relevant evidence for the attorney general's review as provided by 2-15-504 within 90 days of the receipt of the complaint.
History: En. Sec. 2, Ch. 173, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2801. Qualifications for county surveyor and deputies

7-4-2801. Qualifications for county surveyor and deputies.
(1) Except as provided in subsection (3), a county surveyor must be a professional engineer as defined in 37-67-101 or professional land surveyor as defined in 37-67-101.
(2) All deputies must also have a practical knowledge of engineering or land surveying.
(3) When the office of county surveyor is consolidated with another county office within the county, the requirements of subsection (1) are waived. Unless the officeholder has the qualifications prescribed in subsection (1), the officer shall, with the approval of the governing body, contract for the services of a person with those qualifications to perform the duties of county surveyor.
History: En. Sec. 1, Ch. 50, L. 1919; re-en. Sec. 4835, R.C.M. 1921; re-en. Sec. 4835, R.C.M. 1935; R.C.M. 1947, 16-3301; amd. Sec. 1, Ch. 174, L. 1985; amd. Sec. 1, Ch. 622, L. 1985; amd. Sec. 432, Ch. 61, L. 2007; amd. Sec. 9, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2802. Employment of assistants to surveyor

7-4-2802. Employment of assistants to surveyor.
If a party for whom the county survey is made does not furnish the assistants, the surveyor may employ the necessary assistants and receive payment for the reasonable wages of all assistants necessarily employed.
History: En. Sec. 4474, Pol. C. 1895; re-en. Sec. 3061, Rev. C. 1907; re-en. Sec. 4843, R.C.M. 1921; Cal. Pol. C. Sec. 4272; re-en. Sec. 4843, R.C.M. 1935; R.C.M. 1947, 16-3309; amd. Sec. 433, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2803. Situations involving use of other surveyors

7-4-2803. Situations involving use of other surveyors.
(1) Whenever the county surveyor is interested in any land the title to which is in dispute and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The appointed person is, for the purpose, authorized to administer and certify oaths. The appointed person shall return the survey, verified by affidavit annexed to the survey, and receive for the services the same fees as the county surveyor would be entitled to for similar services.
(2) Whenever the county surveyor neglects, refuses, or is incompetent to perform the duties prescribed in this part, the board of county commissioners shall employ another competent civil engineer, who is subject to the laws governing the county surveyor.
History: (1)En. Sec. 4475, Pol. C. 1895; re-en. Sec. 3062, Rev. C. 1907; re-en. Sec. 4844, R.C.M. 1921; Cal. Pol. C. Sec. 4275; re-en. Sec. 4844, R.C.M. 1935; Sec. 16-3310, R.C.M. 1947; (2)En. Sec. 4478, Pol. C. 1895; re-en. Sec. 3065, Rev. C. 1907; re-en. Sec. 4847, R.C.M. 1921; re-en. Sec. 4847, R.C.M 1935; Sec. 16-3313, R.C.M 1947; R.C.M. 1947, 16-3310, 16-3313; amd. Sec. 19, Ch. 443, L. 1979; amd. Sec. 434, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2811. Function of county surveyor

7-4-2811. Function of county surveyor.
(1) The county surveyor shall work under the direction of the board of county commissioners. The county surveyor may not incur any indebtedness on the part of the county without the prior order or approval of the board. The county surveyor must be provided with suitable office space, together with necessary equipment, to perform the various duties as prescribed by law.
(2) The county surveyor shall make all surveys, establish all grades, and prepare plans, specifications, and estimates.
(3) The county surveyor shall make progress reports and estimates of all work and other facts in relation to the work as may be required by the board.
History: Ap. p. Sec. 2, Ch. 50, L. 1919; amd. Sec. 1, Ch. 29, Ex. L. 1919; re-en. Sec. 4836, R.C.M. 1921; re-en. Sec. 4836, R.C.M. 1935; amd. Sec. 12-104, Ch. 197, L. 1965; amd. Sec. 1, Ch. 274, L. 1967; Sec. 16-3302, R.C.M. 1947; Ap. p. Sec. 4, Ch. 50, L. 1919; re-en. Sec. 4838, R.C.M. 1921; re-en. Sec. 4838, R.C.M. 1935; Sec. 16-3304, R.C.M. 1947; R.C.M. 1947, 16-3302(1) thru (3), 16-3304; amd. Sec. 435, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2812. Duties related to roads and bridges

7-4-2812. Duties related to roads and bridges.
(1) The board of county commissioners may assign responsibility for the supervision and direction of all highways, bridges, and causeways within the county to a county surveyor or to a county road superintendent. The board may allocate the duties between the surveyor and the superintendent.
(2) The duties are to:
(a) keep all highways and bridges free and clear of all obstructions;
(b) grade, maintain, and repair all highways;
(c) construct, maintain, and repair all bridges and causeways;
(d) make all surveys;
(e) establish grades;
(f) prepare plans, specifications, and estimates;
(g) keep accurate cost data;
(h) approve all claims against the county for all highway, bridge, and causeway construction, maintenance, and repair, prior to presentation to the board of county commissioners;
(i) employ and assign deputies and staff;
(j) purchase and secure all highway and bridge machinery and machinery equipment and tools to be used upon highways and bridges, with the approval of the board;
(k) purchase and secure all highway, bridge, and causeway supplies and materials, with the approval of the board;
(l) from time to time, make reports and estimates of all matters relating to highways and bridges when required by the board; and
(m) perform other duties required by law.
(3) The surveyor must receive the annual salary provided by law for salaried county surveyors and other county officials.
History: En. Sec. 2, Ch. 50, L. 1919; amd. Sec. 1, Ch. 29, Ex. L. 1919; re-en. Sec. 4836, R.C.M. 1921; re-en. Sec. 4836, R.C.M. 1935; amd. Sec. 12-104, Ch. 197, L. 1965; amd. Sec. 1, Ch. 274, L. 1967; R.C.M. 1947, 16-3302(4); amd. Sec. 1, Ch. 336, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2813. Maintenance of records

7-4-2813. Maintenance of records.
(1) The county surveyor shall keep in the office a record of all surveys and plats made or caused to be made by the surveyor, to be recorded in proper books provided for that purpose. The county surveyor shall also keep on file and for record, in suitable plat books provided for that purpose, copies of all plats made or caused to be made by the surveyor and have recorded in the books a description of every public highway within the county.
(2) All books of record, together with original drawings and the original book or books of field notes, calculations, and computations, are and remain the property of the county and must be preserved as county records.
History: En. Sec. 3, Ch. 50, L. 1919; re-en. Sec. 4837, R.C.M. 1921; re-en. Sec. 4837, R.C.M. 1935; R.C.M. 1947, 16-3303; amd. Sec. 436, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2814. Preparation of surveys

7-4-2814. Preparation of surveys.
(1) (a) The county surveyor shall:
(i) make any survey that is required by order of the court or upon application of any person;
(ii) keep a correct and fair record of all surveys made by the county surveyor;
(iii) number the surveys progressively in the order made; and
(iv) preserve a copy of the field notes and calculations of each survey and endorse on the copy its proper number.
(b) A copy of the field notes and calculations of each survey and a fair and accurate plat, together with the certificate of survey, must be furnished by the county surveyor to any person upon payment of the fees allowed by law.
(c) In all surveys the courses must be expressed according to the true meridian and the variation of the magnetic meridian from the true meridian must be expressed on the plat with the date of the survey.
(2) The county surveyor shall also keep a correct and plain record of all surveys made by the county surveyor for the county or for individuals or corporations that pertain to the public roads or bridges in a book provided for that purpose by the county, which must be transmitted to the successor in office.
History: Ap. p. Sec. 4470, Pol. C. 1895; re-en. Sec. 3057, Rev. C. 1907; re-en. Sec. 4839, R.C.M. 1921; Cal. Pol. C. Sec. 4268; re-en. Sec. 4839, R.C.M. 1935; Sec. 16-3305, R.C.M. 1947; Ap. p. Sec. 4473, Pol. C. 1895; re-en. Sec. 3060, Rev. C. 1907; re-en. Sec. 4842, R.C.M. 1921; Cal. Pol. C. Sec. 4271; re-en. Sec. 4842, R.C.M 1935; Sec. 16-3308, R.C.M 1947; R.C.M. 1947, 16-3305, 16-3308; amd. Sec. 437, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2815. Surveys involving land in two counties

7-4-2815. Surveys involving land in two counties.
(1) Any person owning or claiming lands which are divided by county lines and wishing to have the same surveyed may apply to the surveyor of any county in which any part of such land is situated. On such application being made, the county surveyor must make the survey, which is as valid as though the lands were situated entirely within the county.
(2) When land the title to which is in dispute before any court is divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situated.
History: (1)En. Sec. 4471, Pol. C. 1895; re-en. Sec. 3058, Rev. C. 1907; re-en. Sec. 4840, R.C.M. 1921; Cal. Pol. C. Sec. 4269; re-en. Sec. 4840, R.C.M. 1935; Sec. 16-3306, R.C.M. 1947; (2)En. Sec. 4472, Pol. C. 1895; re-en. Sec. 3059, Rev. C. 1907; re-en. Sec. 4841, R.C.M. 1921; Cal. Pol. C. Sec. 4270; re-en. Sec. 4841, R.C.M 1935; Sec. 16-3307, R.C.M 1947; R.C.M. 1947, 16-3306, 16-3307.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 28. Office of County Surveyor › 7-4-2821. Fees of county surveyor

7-4-2821. Fees of county surveyor.
The board of county commissioners shall set the county surveyor's fees by resolution.
History: En. Sec. 4639, Pol. C. 1895; re-en. Sec. 3172, Rev. C. 1907; re-en. Sec. 4921, R.C.M. 1921; re-en. Sec. 4921, R.C.M. 1935; amd. Sec. 1, Ch. 199, L. 1953; R.C.M. 1947, 25-235; amd. Sec. 1, Ch. 232, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2901. Appointment of deputy coroners

7-4-2901. Appointment of deputy coroners.
(1) The coroner, with approval of the county commissioners, may appoint one or more deputy coroners to assist the coroner or act in the coroner's absence.
(2) At the time of appointment, a deputy coroner or acting coroner must meet the qualifications required of a coroner as provided in 7-4-2904(1) and (2)(a). Within a reasonable time after appointment, the deputy shall successfully complete the basic coroner course, as provided for in 7-4-2905(2)(a). After successfully completing the basic coroner course, the deputy must also meet the requirements for continuing education as provided in 7-4-2905(2)(b).
(3) A deputy coroner may be the coroner or qualified deputy coroner from another county.
History: En. 82-444 by Sec. 18, Ch. 530, L. 1977; R.C.M. 1947, 82-444; amd. Sec. 3, Ch. 367, L. 1987; amd. Sec. 438, Ch. 61, L. 2007; amd. Sec. 1, Ch. 105, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2902. Vacancy in office of county coroner or disqualification of coroner

7-4-2902. Vacancy in office of county coroner or disqualification of coroner.
(1) The coroner, or the board of county commissioners if the coroner is unable or refuses to act, shall request the coroner or a qualified deputy coroner of another county to be acting county coroner if the coroner:
(a) is absent or unable to attend to duties or if the office of coroner is vacant and there are no qualified deputies available;
(b) is related to the deceased;
(c) is a potential party in an action concerning the death or the coroner's inquiry into the death may pose a conflict of interest;
(d) has not successfully completed the basic coroner course required in 7-4-2905 and there are no qualified deputies available; or
(e) is disqualified under the provisions of 46-4-201.
(2) The salary of and expenses incurred by an acting coroner on behalf of a requesting county are an allowable charge against the requesting county.
History: (1)En. Sec. 4494, Pol. C. 1895; re-en. Sec. 3070, Rev. C. 1907; re-en. Sec. 4852, R.C.M. 1921; Cal. Pol. C. Sec. 4289; re-en. Sec. 4852, R.C.M. 1935; Sec. 16-3405, R.C.M. 1947; (2)En. Sec. 4640, Pol. C. 1895; re-en. Sec. 3173, Rev. C. 1907; re-en. Sec. 4922, R.C.M. 1921; amd. Sec. 1, Ch. 59, L. 1933; re-en. Sec. 4922, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1937; amd. Sec. 1, Ch. 211, L. 1951; amd. Sec. 9, Ch. 439, L. 1975; Sec. 25-236, R.C.M. 1947; R.C.M. 1947, 16-3405, 25-236(part); amd. Sec. 3, Ch. 371, L. 1979; amd. Sec. 2, Ch. 367, L. 1987; amd. Sec. 439, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2903. Stenographer for coroner in certain counties

7-4-2903. Stenographer for coroner in certain counties.
In each county having a population of 45,000 or more by the latest federal census enumeration, the coroner may, with the consent of the county commissioners, appoint a stenographer. The stenographer shall hold such position during the pleasure of the coroner making the appointment and shall receive as salary a sum to be fixed by the board of county commissioners, to be paid monthly out of the contingent fund of the county upon the order of the board.
History: En. Sec. 1, Ch. 8, L. 1911; re-en. Sec. 4855, R.C.M. 1921; re-en. Sec. 4855, R.C.M. 1935; amd. Sec. 1, Ch. 233, L. 1947; amd. Sec. 1, Ch. 211, L. 1951; R.C.M. 1947, 16-3408.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2904. Qualifications for office of county coroner

7-4-2904. Qualifications for office of county coroner.
(1) In addition to the qualifications set forth in 7-4-2201, to be eligible for the office of coroner, at the time of election or appointment to office a person must be a high school graduate or holder of an equivalency of completion of secondary education as provided by the superintendent of public instruction under 20-7-131 or of an equivalency issued by another state.
(2) Each coroner, before entering the duties of office, shall:
(a) take and file with the county clerk the constitutional oath of office; and
(b) certify to the county clerk that:
(i) the individual has successfully completed the basic coroner course of study as provided for in 7-4-2905 or that the individual has completed the equivalent educational requirements as approved by the public safety officer standards and training council established in 2-15-2029; or
(ii) the individual intends to take the basic coroner course at the next offering of the course if the coroner has been appointed or was elected by other than a local government general election and, from the date of appointment or election and assumption of the duties as coroner, a basic coroner course was not offered. A coroner forfeits office for failure to take and successfully complete the next offering of the basic coroner course.
History: En. Sec. 1, Ch. 367, L. 1987; amd. Sec. 440, Ch. 61, L. 2007; amd. Sec. 2, Ch. 105, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2905. Coroner education and continuing education

7-4-2905. Coroner education and continuing education.
(1) Coroner education must be approved by the Montana public safety officer standards and training council established in 2-15-2029. The council may adopt rules establishing standards and procedures for basic and advanced education. The cost of conducting the education must be borne by the department of justice from money appropriated for the education. The county shall pay the salary, mileage, and per diem of each coroner-elect, coroner, and deputy coroner attending from that county.
(2) (a) The council shall approve a 40-hour basic coroner course of study after each general election. The course, or an equivalent course approved by the council, must be completed before the first Monday in January following the election. The council may approve other basic coroner courses at times it considers appropriate.
(b) The council shall approve a 16-hour continuing coroner education course. Unless there are exigent circumstances, failure of any coroner or deputy coroner to satisfactorily complete the 16-hour continuing coroner education course, or an equivalent course approved by the council, at least once every 2 years results in forfeiture of office. The council may adopt rules providing a procedure to extend the 2-year period because of exigent circumstances.
History: En. Sec. 4, Ch. 367, L. 1987; amd. Sec. 1, Ch. 118, L. 1993; amd. Sec. 1, Ch. 24, L. 1995; amd. Sec. 6, Ch. 506, L. 2007; amd. Sec. 3, Ch. 105, L. 2019.