3-10-512. Proceedings when office becomes vacant. If the office of a justice becomes vacant because of death or removal from the county or for any other cause before a successor is appointed, the docket and papers or electronically filed or stored documents that were in the justice's possession must be deposited in the office of some other justice in the county, who shall deliver them to the successor of the former justice. If there is no other justice in the county, the docket and papers or electronically filed or stored documents must be deposited in the office of the county clerk, who shall deliver them to the successor in office of the former justice.
History: En. Sec. 1664, C. Civ. Proc. 1895; re-en. Sec. 7074, Rev. C. 1907; re-en. Sec. 9707, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 915; re-en. Sec. 9707, R.C.M. 1935; amd. Sec. 22, Ch. 491, L. 1973; amd. Sec. 49, Ch. 344, L. 1977; R.C.M. 1947, 93-7605; amd. Sec. 9, Ch. 174, L. 1995.
Structure Montana Code Annotated
Part 5. Records in Justices' Courts
3-10-501. Contents of docket -- electronic filing and storage of court records
3-10-502. How entries made -- prima facie evidence
3-10-503. Index to docket -- electronic filing and storage of court records
3-10-504. through 3-10-510 reserved
3-10-511. Records delivered to successor
3-10-512. Proceedings when office becomes vacant
3-10-513. Who is the successor
3-10-514. Docket of predecessor
3-10-515. through 3-10-517 reserved
3-10-518. Youth matters cited in justice's court -- public record