3-1-302. Nonjudicial day. (1) No court may be open nor may any judicial business be transacted on legal holidays, as provided for in 1-1-216, and on a day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving, or holiday, except for the following purposes:
(a) to give, upon its request, instructions to a jury when deliberating on its verdict;
(b) to receive a verdict or discharge a jury;
(c) for the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature.
(2) Injunctions, writs of prohibition, and habeas corpus may be issued and served on any day.
History: En. Sec. 467, p. 136, Bannack Stat.; re-en. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 121, C. Civ. Proc. 1895; re-en. Sec. 6296, Rev. C. 1907; re-en. Sec. 8850, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 134; re-en. Sec. 8850, R.C.M. 1935; amd. Sec. 14, Ch. 420, L. 1975; amd. Sec. 28, Ch. 344, L. 1977; R.C.M. 1947, 93-507.
Structure Montana Code Annotated
Chapter 1. Courts and Judicial Officers Generally
Part 3. General Rules Regarding Procedure
3-1-301. Days on which courts may be held
3-1-303. Adjournments from nonjudicial days
3-1-304. Adjournment for absence of judge
3-1-305. Adjournment until next regular term
3-1-306. through 3-1-310 reserved
3-1-311. Proceedings not affected by vacancy in office
3-1-312. Sittings of court to be public
3-1-313. Sittings of court -- when private
3-1-314. Proceedings to be in English language
3-1-315. Abbreviations and figures
3-1-317. User surcharge for court information technology -- exception
3-1-318. Surcharges upon certain criminal convictions -- exception