Title 3, Title 3

(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in subsection (3). These costs include but are not limited to the following: (a) salaries an…

The supreme court administrator shall establish procedures for the direct payment of district court expenses listed in 3-5-901 and for the reimbursement of district court expenses to counties as provided in 3-5-901 and shall record payments at a detailed level for budgeting and a…

(1) A city with a population of 4,000 or more, according to the last federal census, may have a court, known as the municipal court of the city of (designating the name of the city) of the state of Montana. The court must be a court of record. The municipal court shall assume con…

(1) In cities in which a municipal court is established, the office of city judge is abolished. (2) Except as provided in 3-6-101(2), a city judge whose office is abolished shall serve as a municipal court judge in the same city in which the judge served as city judge for the rem…

(1) Except as provided in subsection (2), the municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal actions and proceedings provided for in 3-…

(1) Except as otherwise provided by this chapter, chapter 30 of Title 25, and part 4 of chapter 17 of Title 46, the municipal court shall have in matters within its jurisdiction all the powers and duties of district judges in like cases. The court may make and alter rules for the…

A room for the municipal court, with necessary furniture, fixtures, and supplies, shall be provided by the city wherein the court is located.

(1) The municipal court must be in continuous session from 9 a.m. to noon and from 1 p.m. to 4 p.m. on every day except nonjudicial days. The judge may designate additional hours as the judge believes necessary. If there is more than one judge, each judge may hold a session of th…

(1) A party may appeal to district court from a municipal court judgment or order. The appeal is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority. (2) The record on appeal to district court consists of an e…

(1) The governing body of a city shall determine by ordinance the number of judges required to operate the municipal court. (2) A municipal court judge must be elected at the general election, as provided in 13-1-104(3). The judge's term commences on the first Monday in January f…

(1) A municipal court judge must have the same qualifications as a judge of a district court, as set forth in Article VII, section 9, of the Montana constitution, except that a municipal court judge need only be admitted to the practice of law in Montana for at least 3 years prio…

The salary of the municipal court judge must be set by ordinance or resolution and is payable monthly by the city treasurer. Actual and necessary expenses for the municipal court judge are expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance…

When a judge of a municipal court has been disqualified or is sick or unable to act, the judge shall call in a sitting or retired judge of a court of record or an attorney who is a member of the state bar of Montana and is in good standing to act as a judge pro tempore. The judge…

The position of municipal court clerk of the court must be established by ordinance. The governing body of the city shall set the salary of the clerk and provide for other necessary expenses that may be incurred in operating the court.

(1) The records of the court must be kept by the clerk. The records in civil causes must conform as nearly as possible to the records of district courts. In criminal causes, in cases arising under city ordinances, and in cases mentioned in 3-11-103, the records must be similar to…

(1) The chief of police of the city is the executive officer of the municipal court. The chief of police shall serve all process and execute all orders of the court, either in person or by subordinate police officer, who shall execute process in the chief's name. (2) The chief of…

To adjudicate existing water rights and to conduct hearings in cases certified under 85-2-309, water divisions are established as defined in 3-7-102. A water division shall be presided over by a water judge.

There are four water divisions whose boundaries are formed by the natural divides between drainages and the borders of the state of Montana and which are described as follows: (1) The Yellowstone River basin water division consists of those areas drained by the Yellowstone and Li…

(1) As soon as practicable the Montana supreme court may promulgate special rules of practice and procedure and shall prescribe forms for use in connection with this chapter and Title 85, chapter 2, parts 2 and 7, in consultation with the water judge and the department of natural…

(1) A water judge must be designated for each water division by a majority vote of a committee composed of the district court judge from each single-judge judicial district and the chief district judge from each multijudge judicial district, wholly or partly within the division. …

The term of office for water judges is from the date of initial appointment as provided in 3-7-201 to June 30, 1985. After June 30, 1985, the term of office of a water judge is 4 years, subject to continuation of the water divisions by the legislature.

If a vacancy in the office of water judge occurs, it must be filled in the manner provided in 3-7-201 for the initial designation of a water judge. A vacancy is created when a water judge dies, resigns, retires, is not elected to a subsequent term, forfeits the judicial position,…

(1) The Montana supreme court shall supervise the activities of the water judges, water masters, and associated personnel in implementing this chapter and Title 85, chapter 2, part 2. (2) The supreme court shall pay the expenses of the water judges and the salaries and expenses o…

Except as provided in 85-20-1902, the district court having jurisdiction over the hydrologically interrelated portion of a water division, as described in 85-2-231(3), in which the controversy arises may appoint and supervise a water commissioner as provided for in Title 85, chap…

The district court having jurisdiction may enforce the provisions of a final decree. In the absence of any final decree having been issued, the district court having jurisdiction may enforce the provisions of a temporary preliminary decree, preliminary decree, or supplemental pre…

(1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge. (2) To be eligible for the office of chief water judge or associate…

(1) The chief water judge and the associate water judge must receive the same salary and expense allowance as provided for district judges in 3-5-211. (2) The office of the chief water judge and the associate water judge must be at the location designated by the chief justice of …

The chief water judge shall: (1) administer the adjudication of existing water rights by: (a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to ensure that the infor…

(1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions. (2) The chief water judge and the associate water judge have jurisdiction over cases certifi…

The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) through (3).

(1) The chief water judge or the water judge in each water division may appoint one or more water masters. (2) A water master may be appointed after July 1, 1980, and must be appointed on or before July 1, 1982. (3) In appointing a water master, the water judge shall consider a p…

(1) The water master has the general powers given to a master by Rule 53(c), M.R.Civ.P. (2) Within a reasonable time after June 30, 1983, the water master shall issue a report to the water judge meeting the requirements for the preliminary decree as specified in 85-2-231. (3) Aft…

For the purposes of this part, the following definitions apply: (1) "Fiduciary" includes such relationships as executor, administrator, trustee, or guardian. (2) "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, a…

(1) A water judge may withdraw or may disqualify the water master in any proceeding or pertinent portion of a proceeding in which the judge's or the water master's impartiality might reasonably be questioned. (2) A water judge may also withdraw or may disqualify the water master …

A water judge may accept from the parties to the proceeding a waiver of any ground for disqualification if it is preceded by a full disclosure on the record of the basis for disqualification.

The procedure for disqualification of a water judge or water master specified in this section is exclusive unless otherwise specifically altered by the Montana supreme court.

(1) The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through the water division or water divisions that contain the judicial distric…

Whenever a question arises concerning which water judge shall preside over adjudication of a matter concerning a case certified to the court under 85-2-309 or the determination and interpretation of existing water rights, the question shall be settled by the water judges involved…

(1) There is a workers' compensation court. The workers' compensation court is presided over by a workers' compensation judge. (2) The governor shall appoint the workers' compensation judge for a term of 6 years in the same manner provided by Title 3, chapter 1, part 9, for the a…

(1) The Montana supreme court shall supervise the activities of the workers' compensation court, the workers' compensation judge, and associated personnel in implementing 3-9-105 and this section. (2) The supreme court shall pay the expenses of the workers' compensation judge and…

(1) The principal office of the workers' compensation judge must be in the city of Helena. (2) The workers' compensation court has power to: (a) preserve and enforce order in its immediate presence; (b) provide for the orderly conduct of proceedings before it and its officers; (c…

The workers' compensation judge may employ such employees as may be required to carry out the duties under this part. All expenditures of the workers' compensation judge, including but not limited to salaries, traveling expenses, office rent, office equipment, and supplies, shall…

(1) There is a workers' compensation court fund special revenue account within the state special revenue fund established in 17-2-102. The money in the account must be used solely for the purpose of administering the workers' compensation court as provided in 3-9-102. (2) By July…

All proceedings and hearings before the workers' compensation judge shall be in accordance with the appropriate provisions of the Montana Administrative Procedure Act. The workers' compensation judge is bound by common law and statutory rules of evidence.

Notwithstanding 2-4-701 through 2-4-704, an appeal from a final decision of the workers' compensation judge shall be filed directly with the supreme court of Montana in the manner provided by law for appeals from the district court in civil cases.

(1) If a claimant, an insurer, an employer alleged to be an uninsured employer, or the uninsured employers' fund has a dispute concerning any benefits under Title 39, chapter 71, it may petition the workers' compensation judge for a determination of the dispute after satisfying d…