Highest Court
Supreme Court
The Supreme Court consists of 7
judges. It has jurisdiction over (1) Appellate jurisdiction in all cases.
General Courts
District Court (22)
The District Court consists of 42
judges. It has jurisdiction over (1) Civil actions over $50 and probate.(2)
Felony and misdemeanors.(3) Juvenile.
No jury trials are overseen by this court.
Limited Courts
Justice Courts
The Justice Courts consists of
70 judges. it has jurisdiction over (1) Contact and damage actions under
$7,000. (2) Assaults, thefts under $300, misdemeanors with fine less than
$500 or imprisonment less than 6 months and preliminary hearings.
No jury trials are overseen by this court.
City Court
The Justice Court consists of
78 judges. It has jurisdiction over (1) Contact and damage actions under
$5,000. (2) Assaults, thefts under $300, misdemeanors with fine less that
$500 or imprisonment less than 6 months, city or town ordinance violations,
and preliminary hearings.
No jury trials are overseen by this court.
Municipal Court
The Municipal Court consists of
5 judges. It has jurisdiction over (1)Contract and damage actions under
$5,000. (2) Assaults, thefts under $300, misdemeanors with fine less than
$500 or imprisonment less than 6 months, and preliminary hearings
No jury trials are overseen by this court.
Additional Information
Nonjudicial day
Court may not be open, nor may any
judicial business be done on a legal holiday and on a day appointed by
the President or the Governor of Montana as a public fast, thanksgiving,
or holiday. Exceptions are as follows: (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. (Montana Code 3-1-302)
Sittings of court -- when private
Cases involving dissolution of marriage,
criminal conversation, or seduction may be held in private and exclude
all except the officers of the court, the parties, their witnesses,
and counsel. during the examination of a witness in ANY cause, the
court may decide to exclude some or all of the other witnesses in the case.
(Montana Code 3-1-313).
Proceedings to be in English
language
Every written proceeding in the
court of justice and every judicial proceeding must be conducted, preserved,
and published in the English language. (Montana Code 3-1-314)
Procedure -- contempt committed
in presence of court
The judge of court or at chambers
may punish summarily the person that causes the loss of order, dignity,
or authority to the court. An order listing what occurred in the
judges view and presence, the judgment that said person is in contempt,
and the form of punishment. The order will not be given until the
person has been informed of the contempt and given an chance to defend
themselves. A person that is judged guilty must may be fined for
an amount not to exceed $500 or by imprisonment not to exceed 30 days,
or both. However, the court retains the power to set forth any reasonable
conditions or restriction that may be appropriate for the circumstances.
must take immediate action to restore order, maintain dignity, or retain
authority in the court. (Montana Code 3-1-511)
Procedure -- contempt not in
presence of the court
When the contempt is not committed
in the immediate view and presence of the court or judge at chambers, an
affidavit of the facts constituting the contempt or a statement of the
facts by the referees or arbitrators or other judicial officer shall be
presented to the court or judge. (Montana Code 3-1-512)
No judicial officer of court
of record to have partner practicing law
A judicial office of a court of
record may have a partner acting as an attorney or counsel in any court
of Montana. However, a municipal court judge or a judge pro tempore's
partner may act as an attorney or counsel in any court of Montana, just
not the court of his/her partner. (Montana Code 3-1-603)
Justice of the peace or constable
not to purchase judgment.
It is a misdemeanor for a justice
of the peace or a the associated constable of the county to purchase or
be interested in the purchase of any judgment or part thereof on the justice
of the peace's docket or any docket in his possession. (Montana Code
3-1-606).
Forced vacancy.
If a a chief justice, associate
justice, or district judge refuses to resign, the position automatically
becomes vacant the the mentioned office lose rights, powers, and authority
held by such position., notwithstanding the fact that a successor is not
appointed or elected. The vacancy becomes operative to deprive the
person of the emoluments of the office in order to carry out the policy
of this section and 3-1-607. (Montana Code 3-1-608).
