72-1-208. Jury trial. (1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding, and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(2) If there is no right to trial by jury under subsection (1) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
History: En. 91A-1-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-306; amd. Sec. 5, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 1. Uniform Probate Code General Provisions
Part 2. Scope, Jurisdiction, and Courts
72-1-201. Territorial application
72-1-202. Subject matter jurisdiction
72-1-203. Venue -- multiple proceedings -- transfer
72-1-204. Records and certified copies
72-1-205. Powers of clerk -- performable by clerk or court
72-1-206. Oath or affirmation on filed documents