Title 3, Title 3

The jurisdiction of the supreme court is of two kinds: (1) original; and (2) appellate.

(1) In the exercise of its original jurisdiction, the supreme court has power to issue writs of mandamus, certiorari, prohibition, injunction, and habeas corpus. (2) The supreme court has the power to issue all other writs necessary and proper to the complete exercise of its appe…

The appellate jurisdiction of the supreme court extends to all cases at law and in equity.

(1) The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had. (2) The decision of the court must be given in writing, and a syllabus thereo…

(1) Upon such terms and under such rules as the supreme court may establish, the supreme court may continue in force an injunction order made by a district court or judge or grant an injunction order and writ pending an appeal to the supreme court from an order of a district cour…

The concurrence of a majority of the justices of the supreme court is necessary for the issuance of any writ or the transaction of any business except such as can be done at chambers.

(1) Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make the writs returnable before the issuing justice, the supreme court, or any justice of the suprem…

The chief justice presides at all sessions of the supreme court, and in case of the chief justice's absence, the associate justice having the shortest term to serve presides.

A majority of the justices is necessary to form a quorum of the court. Any decision must be concurred in by a majority of the justices of the court, but one or more of the justices may adjourn the court from day to day or to a day certain.

The supreme court may have only one term each year. The term must be held at the seat of government and must commence on the first day of January.

(1) If proper rooms in which to hold the court and for the accommodation of the officers thereof are not provided by the state, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court or a majority ther…

There must be a clerk of the supreme court who must be elected by the electors at large of the state and hold office for the term of 6 years from the first Monday of January following the clerk's election.

(1) It is the duty of the clerk to: (a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law; (b) adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority…

The clerk shall collect the following fees: (1) for filing the notice of appeal in any civil case appealed to the supreme court, $100 payable by both the appellant and cross-appellant; (2) for filing a petition for any writ, $100; (3) for retrieval of court records from the secre…

Except as otherwise provided by law, all fees collected by the clerk must be paid into the state treasury and must be credited to the general fund.

The clerk of the supreme court shall appoint a deputy who, in the absence of the principal or in the case of vacancy in the office, shall perform all the duties of office until the disability is removed or the vacancy is filled. The deputy shall subscribe, take, and file the oath…

(1) The supreme court shall appoint a marshal of the supreme court and may appoint other attendants, reporters, and clerks that are necessary, who hold office at the pleasure of the court. (2) The marshal and other persons appointed under subsection (1) are employees of the judic…

(1) It is the duty of the marshal to be present and to assist the supreme court and the justices of the supreme court at each term of court. The marshal is the executive officer of the court and shall act as crier of the court. (2) The marshal shall serve within the state all ret…

All accounts of the marshal must be filed in the supreme court in a bill of items under oath certified by the chief justice and, when properly chargeable against the state and approved by the department of administration, must be paid out of the state treasury upon the warrant of…

In the determination of causes, all decisions of the supreme court must be given in writing, the grounds of the decision must be stated, and each justice agreeing or concurring with the decision must so indicate by signing the decision. Any justice disagreeing with a decision mus…

The justices of the supreme court shall report the decisions of the supreme court.

The reporters of the decisions of the supreme court shall make careful and accurate reports of the cases decided by the supreme court. The reports of the cases must be made under the supervision of and pursuant to rules adopted by the justices of the supreme court.

(1) On the publication of each volume of the reports, the supreme court shall purchase and distribute: (a) each volume to each justice of the supreme court and to each district court judge; and (b) four copies of each volume to the law library of the state of Montana. (2) All rep…

The supreme court is responsible for ensuring an adequate level of security for data, as defined in 2-15-102, within the judicial branch. In carrying out this responsibility, the supreme court shall, at a minimum: (1) address the responsibilities prescribed in 2-15-114; and (2) d…

The supreme court of this state shall have the power to regulate the pleading, practice, procedure, and the forms thereof in civil actions in all courts of this state by rules promulgated by it from time to time for the purpose of simplifying judicial proceedings in the courts of…

Before any rules are adopted, the supreme court shall appoint an advisory committee consisting of eight members of the bar of the state and at least three judges of the district court to assist the court in considering and preparing such rules as it may adopt.

(1) Before any rule is adopted, the supreme court shall distribute copies of the proposed rule to the bench and bar of the state for their consideration and suggestions and shall give due consideration to such suggestions as they may submit to the court. (2) The state bar of Mont…

A district court may adopt rules of court governing its practice so long as the rules are not in conflict with the rules promulgated by the supreme court of the state of Montana in accordance with this part.

This part shall not affect the power of any constitutional or statutory commission or board to make rules governing its practice.

All present laws and rules relating to pleading, practice, and procedure shall be effective as rules of court until modified or superseded by subsequent court rule. Upon the adoption of any rule pursuant to this part, such laws and rules insofar as they are in conflict therewith …

All rules promulgated under this part shall be effective at a time fixed by the supreme court.

This part shall not abridge the right of the legislature to enact, modify, or repeal any statute or modify or repeal any rule of the supreme court adopted pursuant thereto.

(1) There is a civil legal assistance for indigent victims of domestic violence account in the state special revenue fund. There must be paid into this account the filing fees paid under 25-1-201(3)(a) and (5). The money in the account must be used solely for the purpose of provi…