(1) An issue of law must be tried by the court. (2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.
Mont. Code Ann. § 25-31-803, under Trial.
Mont. Code Ann. § 25-31-803
(1) An issue of law must be tried by the court. (2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.