Title 3, Title 3

(1) A trial jury consists of 12 persons or, with the approval of the court, it may consist of any number less than 12 upon which the parties agree in open court. (2) In all civil actions where the relief asked for in the complaint is under the sum of $10,000, a trial jury may, in…

A jury in a justice's court, in misdemeanors, consists of six persons, but the parties may agree to a less number than six.

(1) A grand or trial jury panel member must receive $12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member's residence and the court. Those jurors selected from the panel for a case must re…

(1) A jury panel member in civil actions, criminal actions, and coroner inquests is entitled to a fee of $12 per day for attendance before a court not of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member's residence and the court. …

(1) The clerk shall keep a record of the attendance of jurors and compute the amount due for mileage. The distance from any point to the court must be determined by the shortest traveled route. (2) A juror must receive payment by a county warrant that lists the name of the juror,…

(1) In a civil action before a court of record in which the parties substantially agree to a settlement of the issues prior to impanelment of the jury and either settle the action or stipulate to a continuance and then fail or refuse to inform the court or clerk of court of the s…

It is the policy of this state that all qualified citizens have an obligation to serve on juries upon being summoned for jury duty, unless excused. Except as provided in 3-15-303, a person is competent to act as a juror if the person is: (1) 18 years of age or older; (2) a reside…

(1) On the trial of an action in which a city or town is interested, the inhabitants thereof are competent jurors if otherwise competent and qualified according to law. (2) On the trial on an action in which the county is interested, the inhabitants of such county are competent j…

A person is not competent to act as juror: (1) who does not possess the qualifications prescribed by 3-15-301; or (2) who has been convicted of malfeasance in office or any felony or other high crime.

The court or jury commissioner with the approval of the court must discharge a person from serving as a trial juror in either of the following cases: (1) when it satisfactorily appears that the person is not competent; or (2) when it satisfactorily appears that the person should …

(1) The court or the jury commissioner with the approval of the court shall excuse a person from jury service on finding that jury service would entail undue hardship for the person, a dependent of the person, or the public served by the person. An excuse may be granted if the pr…

Any juror summoned who willfully and without reasonable excuse fails to attend may be attached and compelled to attend. The court may impose a fine not exceeding $50, upon which execution may issue. If the juror was not personally served, the fine must not be imposed until, upon …

The secretary of state shall select from the most recent list of all registered active electors, as defined in 13-1-101, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. On or before the second Monday of Apri…

(1) On or before the first Monday in May, the combined list prepared under 3-15-402 must be delivered by the office of court administrator to the clerk of the district court and filed by the clerk of the district court in the clerk of the district court's office no later than 5 b…

(1) The clerk of court is the jury commissioner and may appoint a deputy pursuant to 7-4-2401. (2) A county jury commissioner may by order establish the use of either a jury box, as provided in subsection (3), or a computer database, as provided in subsection (4), as the means fo…

The clerk of court shall serve notice by mail on the persons drawn as jurors. The clerk of court may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service provided for in 3-15-313.

(1) The persons noticed must serve for 1 year and until other persons are selected and returned unless they are excused by the court or a judge pursuant to 3-15-501. (2) Except as provided in subsection (3), if jurors are drawn before the selection and return of the new jury list…

(1) If a civil or criminal case has been at issue and ready for trial for more than 6 months and the plaintiff or defendant has requested a jury trial or whenever the business of a district court requires the attendance of a trial jury for the trial of civil or criminal cases and…

(1) (a) If the drawing of jurors is conducted by means of a jury box, the jury commissioner shall place the box on a rod so that it may readily revolve. The box must be revolved a sufficient number of times to ensure that the numbered slips in it become thoroughly mixed. The jury…

In districts where there are two or more judges, each judge may order jurors drawn and summoned to attend the session or term over which that judge presides, as provided in this part.

(1) If it appears to a district judge that additional jurors will be needed for a trial, the jury commissioner shall draw as many jurors as are necessary to secure the required number of additional jurors. Before the jury commissioner draws the jurors, the judge shall by appropri…

On the day that trial jurors have been summoned to appear, the clerk shall call the names of those summoned and not excused.

(1) Whenever a civil action is called by the court for trial and a jury is required, the trial jury shall be impaneled as prescribed in Title 25, chapter 7, part 2, and Rule 47, M.R.Civ.P. (2) When the action is a criminal one, the jury shall be impaneled as prescribed in Title 4…

(1) Whenever in the opinion of the district court judge a grand jury is necessary, the judge shall make an order directing a grand jury to be drawn and summoned to attend before the court. The order must specify the number of jurors to be drawn, which may not be less than 15 or m…

(1) When 11 of the persons summoned as grand jurors who are competent and not excused are present, they constitute the grand jury. (2) When more than 11 are present, the jury commissioner shall write their names on separate ballots and place the ballots in black capsules. The cap…

After the jurors have been selected, the grand jury shall be impaneled as prescribed in 46-11-301 through 46-11-303.

In districts where there are two or more judges, each judge may order a grand jury to be drawn and summoned to attend the session or term over which that judge presides, as provided in this part, but more than one grand jury may not be in attendance upon any district court at the…

When jurors are required in any court of limited jurisdiction, they: (1) must, upon the order of the judge, be summoned by a sheriff, constable, marshal, or police officer of the jurisdiction; or (2) may be summoned by the judge of the court of limited jurisdiction or by the cler…

Such jurors must be summoned from the persons competent to serve as jurors, residents of the county, city, or town in which such court has jurisdiction, by notifying them orally or by mail that they are summoned and of the time and place at which their attendance is required.

The officer summoning the jurors shall, at the time fixed in the order for their appearance, return the order to the court with a list of the persons summoned endorsed thereon.

At the time appointed for a jury trial in a justice's or city court or any other court of limited jurisdiction, the list of jurors summoned must be called. The jurors summoned shall be 12 in number or double the number agreed upon by the parties before the trial. The names of tho…

The jury must be impaneled as provided in: (1) Title 46, if the action is a criminal one; (2) Title 25, chapter 7, part 2, and Rule 18B, Montana Justice and City Court Rules of Civil Procedure, if the action is a civil one.

Juries of inquest must be summoned by the officer before whom the proceedings in which they are to sit are to be held or by a sheriff, constable, or police officer from the residents of the county who are competent to serve as jurors by notifying them orally that they are summone…

The manner of impaneling juries of inquest is prescribed in the provisions of the different statutes relating to such inquests.

(1) When a proceeding challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101, and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by…