Title 3, Title 3

A constable, notwithstanding the expiration of the constable's term of office, may proceed and complete the execution of all final process that the constable has begun to execute, in the same manner as if the constable were still in office, and the sureties are liable to the same…

(1) A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all business, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business on…

(1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title. (2) Applications for search warrants and complaints charging the commission of a felony may be filed in …

Except as provided in 3-11-104, the city court has exclusive jurisdiction of: (1) proceedings for the violation of an ordinance of the city or town, both civil and criminal; (2) when the amount of the taxes or assessments sought does not exceed $9,500, actions for the collection …

City courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money.

(1) Except as otherwise provided by Title 25, chapter 30, and this chapter, the judge in a city court of record has, in matters within its jurisdiction, all the powers and duties of district judges in like cases. The judge may make and alter rules for the conduct of its business …

(1) A party may appeal to district court a judgment or order from a city court of record. 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 …

(1) The governing body of a city may determine by ordinance the number of judges required to operate the city court. (2) An elected or appointed city judge shall hold office for a term of 4 years and until the qualification of a successor. (3) A justice of the peace designated to…

(1) A city judge, at the time of election or appointment must: (a) meet the qualifications of a justice of the peace under 3-10-202; (b) be a resident of the county in which the city or town is located; and (c) satisfy any additional qualifications prescribed by ordinance. (2) Th…

(1) The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is: (a) a party in a case; (b) interested in a case; (c) the spouse of or related to either party in a case by consanguinity or af…

(1) There must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed city judges. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, …

(1) In a town or third-class city, the council may designate a justice of the peace or the city judge of another city or town to act as city judge. The justice of the peace or city judge must reside in the county in which the town or city is situated. The city or town may by ordi…

(1) The governing body of the city in which the judge has been elected or appointed: (a) shall provide for the city court: (i) the office space, courtroom, and clerical assistance necessary to enable the judge and the clerk of city court, if any, to conduct business in dignified …

Except as provided in 46-17-203, the city attorney must prosecute all cases for the violation of any ordinance and prosecute, conduct, and control all proceedings in cases mentioned in 3-11-103, both in the city court and on appeal from the city court to the district court.

(1) A criminal action brought for violation of a city or town ordinance must be brought in the name of the city or town as the plaintiff and against the accused as the defendant. (2) A criminal action brought for violation of a state law within the city or town may be brought eit…

(1) A city judge may punish for contempt persons guilty of only the following acts: (a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending to interrupt the due course of a trial or other judicial proceeding; (b) a breach of the peace, …

It is the purpose of this chapter to provide a speedy remedy in claims falling under this chapter and to promote a forum in which the claims may be heard and disposed of without the necessity of formal trial. For this reason, the provisions of this chapter should be liberally con…

There may be created within the jurisdiction of the district court of any county of the state of Montana a separate court, known as the "small claims court".

(1) A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which the county is located or by county initiative as provided in Title 7, chapter 5, part 1. (2) Upo…

A small claims court created under this chapter continues in existence until abolished by the same means by which it was formed under 3-12-103. Any small claims court may be abolished by county initiative as provided in 3-12-103.

(1) The small claims court shall be located in the appropriate district and shall be open as required by the district judge. (2) In the event that more than one small claims court judge has been appointed, the judges so appointed may divide their responsibility hereunder.

A small claims court created under this chapter shall follow the small claims procedure used in justice's court, as provided in Title 25, chapter 35.

(1) The judges of the judicial district in which a small claims court has been created shall appoint a judge of the small claims court who shall: (a) take the oath required of judges; (b) serve at the pleasure of the district court judges; (c) be paid a salary set by the district…

The small claims court judge shall assist any claimant in preparing an affidavit or may direct the clerk of court to provide such assistance.

(1) When there is more than one county in the judicial district and the county commissioners of more than one county in that district create small claims courts, the district court judges may provide that the same judge of small claims court may preside over more than one of the …

A jury is a body of persons temporarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense or to try a question of fact.

Juries are of three kinds: (1) grand juries; (2) trial juries; (3) juries of inquest.

A grand jury is a body of persons, 11 in number, returned as provided by law from the citizens of a county before a court of competent jurisdiction and sworn to inquire into public offenses committed or triable within the county.

Except as provided in 3-20-103, a trial jury is a body of persons returned from the citizens of a particular district before a court or officer of competent jurisdiction and sworn to try and determine, by verdict, a question of fact.

A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officer to inquire concerning particular facts.

(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.