Title 3, Title 3

Any of the following individuals may act as a judge pro tempore: (1) a member of the bar of the state who meets the qualifications for judge of the district court as provided in 3-5-202; (2) a retired judge of the district court; (3) a justice of the peace for a justice's court o…

(1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. Except as provided in 3-20-102, if the district court judge having jurisdiction over the case where the action was filed finds …

(1) The salary of the judge pro tempore or special master and the court reporter and all other expenses associated with the trial are the responsibility of the parties to the action. The amount of salaries and other expenses and the manner of payment must be established by writte…

(1) Each trial before a judge pro tempore must be conducted in a suitable room in the courthouse in the judicial district where the action was filed, unless the parties or their attorneys stipulate in writing that the trial may be held elsewhere. (2) All records must be filed and…

An appeal from a final judgment of a judge pro tempore must be made in the same manner as an appeal from a final judgment of the district court.

(1) One or more judges of a judicial district may designate a judge pro tempore or a special master in a criminal case to hear and determine any preliminary, nondispositive matter pending in a criminal case before the court if the district court judge or judges find that the appo…

(1) A reference to a standing master must be made at the judge's discretion or by standing order of the district court. All standing orders of reference under this section must be posted in a conspicuous place on the district court's or the judicial branch's website. (2) A party …

(1) When a reference is made, the clerk shall immediately furnish the standing master with a copy of the order of reference. Unless the order of reference otherwise provides, the standing master shall set a time and place for the first meeting of the parties or their attorneys to…

(1) Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitte…

(1) A judicial district may appoint or reappoint one or more standing masters for its district with the concurrence of a majority of the judges in the district. (2) A standing master must be: (a) admitted to practice law in Montana for at least 3 years prior to the date of appoin…

(1) The judges of the district court, except judges pro tempore, must be elected by the qualified voters of the district. (2) Except as provided in subsection (1), each judge of a district court shall, as soon as the judge has taken and subscribed the official oath, file the offi…

(1) A person is not eligible for the office of judge of a district court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date…

The term of office of judges of the district court is 6 years and begins on the first Monday of January next succeeding their election.

The years during which a judge of a district court is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January of the next succeeding year.

(1) Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of judges of courts of general jurisdiction similar to the Montana district courts for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shal…

A district court judge who sits in the place of another judge in the trial or hearing of an action or proceeding in a district other than the judge's own or in the supreme court or who attends a conference of judges in Helena called by the chief justice of the supreme court must …

As soon as a district court judge's services in connection with the trial, hearing, or conference referred to in 3-5-213 are concluded, the judge shall certify in detail the judge's actual and necessary travel expenses as specified in 3-5-213 and shall file the claim with the sta…

A district court judge of a judicial district composed of more than one county who, for the purpose of holding court and disposing of judicial business, goes to a county of that judicial district other than the county in which the judge resides and holds court or transacts judici…

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

(1) The district court has original jurisdiction in: (a) all criminal cases amounting to felony; (b) all civil and probate matters; (c) all cases at law and in equity; (d) all cases of misdemeanor not otherwise provided for; and (e) all special actions and proceedings that are no…

The district court has appellate jurisdiction in cases arising in justices' courts and other courts of limited jurisdiction in their respective districts as may be prescribed by law and consistent with the constitution.

The process of the district court extends to all parts of the state.

(1) The judge of the district court may at chambers: (a) issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original and remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual…

(1) The jurisdiction of the judges of the district courts of the state of Montana in rendering and signing judgments, making findings and rendering decrees, and making orders to show cause and all ex parte orders, in chambers, shall be coextensive with the boundaries of the state…

(1) A party desiring to remove a civil action from a justice's court, a municipal court, a city court, or the small claims division of a justice's court shall file in the district court of the judicial district in which the action is pending a notice of removal containing a short…

(1) The district court of each county that is a separate judicial district does not have terms and must always be open for the transaction of business except on legal holidays and nonjudicial days. (2) (a) In each district that is located in two or more counties, the district cou…

(1) Adjournments from day to day or from time to time are to be construed as recesses in the session or term and shall not prevent the court from sitting at any time. (2) In districts where two or more counties are united, court may be held, causes tried with or without a jury, a…

(1) In each judicial district that has more than one judge, as many terms or sessions of court may be held at the same time as there are judges in the district. (2) The judges elected or appointed to hold office in each judicial district having more than one judge shall divide th…

(1) The judge of the district court authorized to hold or preside at a court appointed to be held at a particular place may, by an order filed with the clerk of the district court and published as the judge may prescribe, direct that the court be held or continued at any place in…

When the court is held at the place appointed, as provided in 3-5-405, every person held to appear at the court must appear at the place so appointed.

The sheriff in attendance upon district court must act as the crier thereof, call the parties and witnesses and all other persons bound to appear before the court, and make proclamation of the opening and adjournment of the court and of any other matter under its direction.

(1) The clerk of the district court, in addition to keeping the records and performing the duties prescribed elsewhere, shall: (a) take charge of and safely keep or dispose of according to law all books, papers, and records that are filed or deposited in the clerk's office; (b) a…

Each clerk of court in each county of the respective judicial districts of the state shall keep, in addition to the records required by law, an index called "General Index--Plaintiffs" and also a second index to be called "General Index--Defendants". Each index shall be in a form…

The clerk of the district court shall cause to be made in each index correct entries, under the appropriate headings, of each action begun in the court of which the person is clerk. The entries must be made alphabetically by the name of the plaintiff in the General Index--Plainti…

The clerk of the district court shall keep among the records of the court a register of actions. The clerk shall enter in the register the title of the action with brief notes under it, from time to time, of all papers filed and proceedings had in the action. The register must al…

The clerk of the district court shall keep a book called the "Register of Criminal Actions", which must have a proper index and in which must be entered the title and number of the action with a memorandum of every paper filed and order or proceeding had in the action, along with…

Clerks of the district courts of the counties in the state of Montana shall keep proper books for indexing bonds given in criminal cases. All bonds filed therein shall be entered showing the title and docket number of the case in which such bond is filed, the names of principals …

The clerk must keep with the records of the court a book to be called the "Judgment Book", in which judgments must be entered.

The docket is a book that the clerk of the district court keeps in the clerk's office, with each page divided into eight columns and headed as follows: judgment debtors; judgment creditors; judgment, time of entry; where entered in judgment book; appeals, when taken; judgment of …

The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk shall arrange the several dockets kept by the clerk in a manner that facilitates their inspection.

The clerk of the district court shall keep a: (1) "Witness Book", which must contain blank warrants as provided in 3-5-511; and (2) record of the attendance of all jurors and witnesses in criminal actions and compute the amount due them for mileage. The distance from any point to…

(1) The witnesses in criminal actions, witnesses called by a public defender, as defined in 47-1-103, and witnesses called in a grand jury proceeding shall report their presence to the clerk the first day they attend under the subpoena. (2) At the time any witness is excused from…

The clerk must make a detailed statement containing a list of the witnesses and the amount of fees and mileage earned by each and file the same with the clerk of the board of county commissioners on the first day of every regular meeting of the board. No quarterly salary must be …

The clerk of the district court shall: (1) keep a book called "Record of Probate Proceedings", which must contain all the orders and proceedings of the district court sitting in probate matters and must be indexed in the names of the deceased person or ward; (2) keep a book calle…

(1) The judge of a district court may appoint a reporter for the court who is an officer of the court. The court reporter shall take the constitutional oath of office and file it with the clerk of court. In districts where there are two or more judges, each judge may appoint a re…

(1) Each court reporter who is an independent contractor under 3-5-601 is entitled to compensation as provided in the contract. (2) The supreme court administrator shall pay the compensation due under subsection (1) as provided in 3-5-901 and 3-5-902. (3) In judicial districts co…