Montana Code Annotated
Title 3. Judiciary, Courts
Chapter 1. Courts and Judicial Officers Generally

3-1-126. Local government authority to supplement district court budget - 3-1-126. Local government authority to supplement district court budget. A...

3-1-127. through 3-1-129 reserved - 3-1-127 through 3-1-129 reserved.

3-1-130. Supreme court -- adoption of judicial branch personnel plan - 3-1-130. Supreme court -- adoption of judicial branch personnel plan....

Part 2. Seals of Courts

3-1-201. What courts have seals - 3-1-201. What courts have seals. Each of the following courts...

3-1-202. Seal of supreme court - 3-1-202. Seal of supreme court. The seal of the supreme...

3-1-203. Seals of district courts - 3-1-203. Seals of district courts. The seals of the district...

3-1-204. Clerk of court to keep seal - 3-1-204. Clerk of court to keep seal. The clerk of...

3-1-205. Seal of municipal court - 3-1-205. Seal of municipal court. The municipal court shall have...

3-1-206. Documents requiring seals - 3-1-206. Documents requiring seals. Unless otherwise specifically required, the seal...

Part 3. General Rules Regarding Procedure

3-1-301. Days on which courts may be held - 3-1-301. Days on which courts may be held. Courts of...

3-1-302. Nonjudicial day - 3-1-302. Nonjudicial day. (1) No court may be open nor...

3-1-303. Adjournments from nonjudicial days - 3-1-303. Adjournments from nonjudicial days. If any day mentioned in...

3-1-304. Adjournment for absence of judge - 3-1-304. Adjournment for absence of judge. If no judge attends...

3-1-305. Adjournment until next regular term - 3-1-305. Adjournment until next regular term. If no judge attends...

3-1-306. through 3-1-310 reserved - 3-1-306 through 3-1-310 reserved.

3-1-311. Proceedings not affected by vacancy in office - 3-1-311. Proceedings not affected by vacancy in office. No proceeding...

3-1-312. Sittings of court to be public - 3-1-312. Sittings of court to be public. The sittings of...

3-1-313. Sittings of court -- when private - 3-1-313. Sittings of court -- when private. (1) In an...

3-1-314. Proceedings to be in English language - 3-1-314. Proceedings to be in English language. Every written proceeding...

3-1-315. Abbreviations and figures - 3-1-315. Abbreviations and figures. Such abbreviations as are in common...

3-1-316. Repealed - 3-1-316. Repealed. Sec. 13, Ch. 245, L. 1979. History: En....

3-1-317. User surcharge for court information technology -- exception - 3-1-317. User surcharge for court information technology -- exception. (1)...

3-1-318. Surcharges upon certain criminal convictions -- exception - 3-1-318. Surcharges upon certain criminal convictions -- exception. (1) Except...

Part 4. Powers of Judicial Officers

3-1-401. Powers of judges out of court - 3-1-401. Powers of judges out of court. A justice or...

3-1-402. Powers of judicial officers as to conduct of proceedings - 3-1-402. Powers of judicial officers as to conduct of proceedings....

3-1-403. Power to punish for contempt - 3-1-403. Power to punish for contempt. For the effectual exercise...

3-1-404. Taking acknowledgments and affidavits - 3-1-404. Taking acknowledgments and affidavits. Each of the justices of...

3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment - 3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment....

Part 5. Contempts

3-1-501. What acts or omissions are contempts -- civil and criminal contempt - 3-1-501. What acts or omissions are contempts -- civil and...

3-1-502. Order refused -- subsequent applications prohibited - 3-1-502. Order refused -- subsequent applications prohibited. (1) If an...

3-1-503. Effect of violation - 3-1-503. Effect of violation. A violation of 3-1-502 may be...

3-1-504. Reentry on property after eviction - 3-1-504. Reentry on property after eviction. A person who is...

3-1-505. through 3-1-510 reserved - 3-1-505 through 3-1-510 reserved.

3-1-511. Procedure -- contempt committed in presence of court - 3-1-511. Procedure -- contempt committed in presence of court. When...

3-1-512. Procedure -- contempt not in presence of the court - 3-1-512. Procedure -- contempt not in presence of the court....

3-1-513. Warrant -- statement of charge - 3-1-513. Warrant -- statement of charge. When the contempt is...

3-1-514. Endorsement allowing bail on warrant - 3-1-514. Endorsement allowing bail on warrant. Whenever a warrant of...

3-1-515. Arrest and detention by sheriff - 3-1-515. Arrest and detention by sheriff. Upon executing the warrant...

3-1-516. Bail bond -- form and conditions of - 3-1-516. Bail bond -- form and conditions of. When a...

3-1-517. Return of warrant and undertaking - 3-1-517. Return of warrant and undertaking. The officer shall return...

3-1-518. Hearing on contempt not committed in immediate view and presence of court or judge at chambers - 3-1-518. Hearing on contempt not committed in immediate view and...

3-1-519. Repealed - 3-1-519. Repealed. Sec. 8, Ch. 496, L. 2001. History: En....

3-1-520. Penalty to compel performance - 3-1-520. Penalty to compel performance. When the sanction imposed for...

3-1-521. Proceedings when party fails to appear - 3-1-521. Proceedings when party fails to appear. When the warrant...

3-1-522. Illness sufficient excuse -- confinement under arrest - 3-1-522. Illness sufficient excuse -- confinement under arrest. (1) Whenever...

3-1-523. Judgment and orders in contempt cases final -- family law exception - 3-1-523. Judgment and orders in contempt cases final -- family...

Part 6. Restrictions on Judicial Officers

3-1-601. Certain officers not to practice law or administer estates - 3-1-601. Certain officers not to practice law or administer estates....

3-1-602. Restrictions on justices of the peace practicing law or taking claims for collection - 3-1-602. Restrictions on justices of the peace practicing law or...

3-1-603. Judicial officer of court of record not to have partner practicing law - 3-1-603. Judicial officer of court of record not to have...

3-1-604. Restrictions on municipal court judges - 3-1-604. Restrictions on municipal court judges. A municipal court judge...

3-1-605. Restrictions on judicial officers after term has expired - 3-1-605. Restrictions on judicial officers after term has expired. A...

3-1-606. Justice of the peace or constable not to purchase judgment - 3-1-606. Justice of the peace or constable not to purchase...

3-1-607. Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required - 3-1-607. Supreme court justice or district court judge candidacy for...

3-1-608. Forced vacancy - 3-1-608. Forced vacancy. In the event of a failure to...

3-1-609. Judicial conflict of interest -- recusal -- definition - 3-1-609. Judicial conflict of interest -- recusal -- definition. (1)...

3-1-610. Restrictions on judicial officers presiding over matters in which they have previously asserted position - 3-1-610. Restrictions on judicial officers presiding over matters in which...

Part 7. Court Administrator

3-1-701. Office of court administrator -- appointment and term of office - 3-1-701. Office of court administrator -- appointment and term of...

3-1-702. Duties - 3-1-702. Duties. The court administrator is the administrative officer of...

3-1-703. Cooperation of court officers - 3-1-703. Cooperation of court officers. All court officers, including clerks...

3-1-704. through 3-1-706 reserved - 3-1-704 through 3-1-706 reserved.

3-1-707. Court-appointed special advocate account - 3-1-707. Court-appointed special advocate account. (1) There is a court-appointed...

3-1-708. Pretrial program -- rulemaking - 3-1-708. Pretrial program -- rulemaking. (1) Within the limits of...

3-1-709. reserved - 3-1-709 reserved.

3-1-710. Working interdisciplinary network of guardianship stakeholders - 3-1-710. (Temporary) Working interdisciplinary network of guardianship stakeholders. (1) There...

3-1-711. Duties of working interdisciplinary network of guardianship stakeholders - 3-1-711. (Temporary) Duties of working interdisciplinary network of guardianship stakeholders....

3-1-712. Repealed - 3-1-712. Repealed. Sec. 18, Ch. 456, L. 2019. History: En....

3-1-713. Office of court administrator to report - 3-1-713. Office of court administrator to report. Each quarter of...

Part 8. Disqualification and Substitution of Judges Supreme Court Rule

3-1-801. Superseded - 3-1-801. Superseded. Sup. Ct. Ord. June 29, 1981. History: En....

3-1-802. Superseded - 3-1-802. Superseded. Sup. Ct. Ord. June 17, 1987. History: En....

3-1-803. Disqualification of judges -- all courts - 3-1-803. Disqualification of judges -- all courts. DISQUALIFICATION OF JUDGES...

3-1-804. Substitution of district judges - 3-1-804. Substitution of district judges. SUBSTITUTION OF DISTRICT JUDGES This...

3-1-805. Disqualification for cause - 3-1-805. Disqualification for cause. DISQUALIFICATION FOR CAUSE This section is...

Part 9. Judicial Vacancies

3-1-901. Judicial vacancy -- notice - 3-1-901. Judicial vacancy -- notice. (1) (a) Upon receiving notice...

3-1-902. Investigation -- qualifications for appointment - 3-1-902. Investigation -- qualifications for appointment. (1) The governor may...

3-1-903. Applications - 3-1-903. Applications. An eligible person may apply for the vacant...

3-1-904. Public comment - 3-1-904. Public comment. (1) The governor shall establish a reasonable...

3-1-905. Appointments - 3-1-905. Appointments. (1) The governor, or the chief justice of...

3-1-906. Senate confirmation -- exception -- nomination in interim -- appointment contingent on vacancy - 3-1-906. Senate confirmation -- exception -- nomination in interim --...

3-1-907. Duration of appointment -- election for remainder of term - 3-1-907. Duration of appointment -- election for remainder of term....

Part 10. Judicial Nomination Commission (Repealed)

3-1-1001. Repealed - 3-1-1001. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1002. Repealed - 3-1-1002. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1003. Repealed - 3-1-1003. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1004. Repealed - 3-1-1004. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1005. Repealed - 3-1-1005. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1006. Repealed - 3-1-1006. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1007. Repealed - 3-1-1007. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1008. Repealed - 3-1-1008. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1009. Repealed - 3-1-1009. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1010. Repealed - 3-1-1010. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1011. Repealed - 3-1-1011. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1012. Repealed - 3-1-1012. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1013. Repealed - 3-1-1013. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

3-1-1014. Repealed - 3-1-1014. Repealed. Sec. 11, Ch. 62, L. 2021. History: En....

Part 11. Judicial Standards Commission

3-1-1101. Creation and composition of commission - 3-1-1101. Creation and composition of commission. There is created a...

3-1-1102. Staggered terms of members - 3-1-1102. Staggered terms of members. (1) The first appointments made...

3-1-1103. Terminated membership -- vacancies - 3-1-1103. Terminated membership -- vacancies. (1) Commission membership terminates if...

3-1-1104. No compensation -- travel expenses - 3-1-1104. No compensation -- travel expenses. A commission member is...

3-1-1105. Confidential proceedings -- rules for commission - 3-1-1105. Confidential proceedings -- rules for commission. (1) Except as...

3-1-1106. Investigation of judicial officers -- complaint -- hearing -- recommendations - 3-1-1106. Investigation of judicial officers -- complaint -- hearing --...

3-1-1107. Action by supreme court - 3-1-1107. Action by supreme court. (1) The supreme court shall...

3-1-1108. Nonparticipation of interested judicial officer - 3-1-1108. Nonparticipation of interested judicial officer. A judicial officer who...

3-1-1109. Interim disqualification of judicial officer - 3-1-1109. Interim disqualification of judicial officer. (1) A judicial officer...

3-1-1110. Procedure when convicted of crime - 3-1-1110. Procedure when convicted of crime. (1) On recommendation of...

3-1-1111. Orders for retirement or removal - 3-1-1111. Orders for retirement or removal. (1) Upon an order...

3-1-1112. through 3-1-1120 reserved - 3-1-1112 through 3-1-1120 reserved.

3-1-1121. Public disclosure required - 3-1-1121. Public disclosure required. If the commission finds good cause...

3-1-1122. Judge's waiver of confidentiality -- hearing made public - 3-1-1122. Judge's waiver of confidentiality -- hearing made public. In...

3-1-1123. Public statements by commission - 3-1-1123. Public statements by commission. In any case in which...

3-1-1124. Disclosure for judicial selection -- appointment or assignment - 3-1-1124. Disclosure for judicial selection -- appointment or assignment. If...

3-1-1125. Efficiency and effectiveness -- audit authorized - 3-1-1125. Efficiency and effectiveness -- audit authorized. (1) The legislative...

3-1-1126. Commission report to legislature - 3-1-1126. Commission report to legislature. (1) The commission shall, as...

Part 15. Courts of Limited Jurisdiction Training and Certification of Judges

3-1-1501. Definitions - 3-1-1501. Definitions. As used in this part, the following definitions...

3-1-1502. Training and certification of judges - 3-1-1502. Training and certification of judges. Except as provided in...

3-1-1503. Exception -- temporary certificate - 3-1-1503. Exception -- temporary certificate. (1) Section 3-1-1502 does not...

3-1-1504. and 3-1-1505 reserved - 3-1-1504 and 3-1-1505 reserved.

3-1-1506. Expenses - 3-1-1506. Expenses. Each judge is entitled to reimbursement for all...

3-1-1507. Disqualification - 3-1-1507. Disqualification. Each judge shall complete a course of training...

3-1-1508. Credit toward annual training - 3-1-1508. Credit toward annual training. Attendance of a training course...

Part 16. District Court Council -- Judiciary Branch Account

3-1-1601. District court council -- administration of state funding of district courts - 3-1-1601. District court council -- administration of state funding of...

3-1-1602. District court council -- appointment -- composition -- duties -- staggered terms -- staff - 3-1-1602. District court council -- appointment -- composition -- duties...

3-1-1603. District court council vacancies - 3-1-1603. District court council vacancies. (1) In the event that...

3-1-1604. District court council meetings -- quorum - 3-1-1604. District court council meetings -- quorum. (1) The district...

3-1-1605. No compensation -- travel expenses - 3-1-1605. No compensation -- travel expenses. The members of the...

3-1-1606. through 3-1-1609 reserved - 3-1-1606 through 3-1-1609 reserved.

3-1-1610. Judiciary branch account created - 3-1-1610. Judiciary branch account created. (1) There is an account...

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Montana Code Annotated Title 3. Judiciary, Courts Chapter 1. Courts and Judicial Officers Generally

Montana Code Annotated
Title 3. Judiciary, Courts
Chapter 1. Courts and Judicial Officers Generally