Title 7, Title 7

Except as provided in 7-2-2803(4), whenever recording is done using a photographic or similar process, the county clerk and recorder shall charge $20 for the first page or fraction of a page and $10 a page for each additional page or fraction of a page.

On each instrument delivered for recording, the county clerk shall endorse on it all charges made for each service, and the endorsement must be recorded as a part of the instrument in the county clerk's office to document the charges entered on the fee book or reception record in…

(1) The board of county commissioners shall establish a records preservation fund for the purpose of preserving the records maintained by the county clerk and recorder. The county clerk and recorder is responsible for expenditures from the fund and shall use the money for records…

(1) Unless accompanied by the appropriate fee required in 7-4-2637, a document submitted for recording must: (a) be legibly printed or typed in blue or black ink on white paper that is either 8 1/2 x 11 inches or 8 1/2 x 14 inches in size; (b) provide the names of the parties to …

(1) Except as provided in 7-2-2803(4) and 7-4-2631, the fee for recording a standard document that meets the requirements of 7-4-2636 is as follows: (a) $20 for the first page or fraction of a page and $10 a page for each additional page or fraction of a page; and (b) beginning J…

(1) A person is not eligible for the position of full-time county attorney in counties that have a population in excess of 30,000 unless the person is a citizen of the United States and has resided in the state 2 years immediately before taking office and has been admitted to the…

Whenever a vacancy in the office of county attorney arises in a county, the board of county commissioners is authorized to appoint an attorney who meets the qualifications established in 7-4-2701 to fill the vacancy.

In counties having a taxable valuation of $30 million or more, the county attorney may appoint one chief deputy and one deputy. In all other counties, the county attorney may appoint a chief deputy or a deputy only with the approval of the board of county commissioners.

(1) The county attorney, except for the county attorney's personally rendered services, may not present a claim, account, or other demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another. (2) Except as provided in sub…

The board of county commissioners may employ or authorize the county attorney to employ special counsel to assist in the prosecution of any criminal case pending in the county or to represent the county in any civil action in which the county is a party.

(1) (a) In a county with a population of less than 30,000, the county commissioners may, with the consent of the county attorney, by resolution effective July 1 of any year, establish the office of county attorney as a full-time or part-time position. (b) A copy of a resolution a…

The county commissioners of any county may, upon the consent of the county attorney, by agreement with the commissioners and county attorney of any other county, contract in writing to employ any other county attorney or attorney member of a county attorney's staff to perform civ…

In any county, the county commissioners may employ any attorney licensed in Montana to perform any legal service in connection with the civil business of the county.

(1) The county attorney is the legal adviser of the board of county commissioners. The county attorney shall attend their meetings when required and shall attend and oppose all claims and accounts against the county that are unjust or illegal. The county attorney shall defend all…

The county attorney is the public prosecutor and shall: (1) institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed and for that purpo…

The county attorney shall prosecute all recognizances forfeited in the courts of record and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county.

Whenever the board of county commissioners, without authority of law, orders any money paid as a salary or fee or for any other purpose and the money has been actually paid or whenever any other county officer has drawn a warrant in the officer's own favor or in favor of any othe…

The county attorney shall: (1) deliver receipts for money or property received in an official capacity and file duplicates of the receipts with the county treasurer; (2) on the first Monday of January, April, July, and October in each year file with the county clerk an account, v…

The county attorney shall: (1) attend the district court and conduct, on behalf of the state, all prosecutions for public offenses and represent the state in all matters and proceedings to which it is a party or in which it may be beneficially interested, at all times and in all …

The county attorney must perform such other duties as are prescribed by law.

If a county attorney receives a complaint concerning official misconduct as provided in 45-7-401 of a local government public officer and the county attorney does not commence an action pursuant to 45-7-401(3), the county attorney shall refer the complaint and any relevant eviden…

(1) Except as provided in subsection (3), a county surveyor must be a professional engineer as defined in 37-67-101 or professional land surveyor as defined in 37-67-101. (2) All deputies must also have a practical knowledge of engineering or land surveying. (3) When the office o…

If a party for whom the county survey is made does not furnish the assistants, the surveyor may employ the necessary assistants and receive payment for the reasonable wages of all assistants necessarily employed.

(1) Whenever the county surveyor is interested in any land the title to which is in dispute and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The appointed person is, for the purpose, authorized to administer and certify oaths. …

(1) The county surveyor shall work under the direction of the board of county commissioners. The county surveyor may not incur any indebtedness on the part of the county without the prior order or approval of the board. The county surveyor must be provided with suitable office sp…

(1) The board of county commissioners may assign responsibility for the supervision and direction of all highways, bridges, and causeways within the county to a county surveyor or to a county road superintendent. The board may allocate the duties between the surveyor and the supe…

(1) The county surveyor shall keep in the office a record of all surveys and plats made or caused to be made by the surveyor, to be recorded in proper books provided for that purpose. The county surveyor shall also keep on file and for record, in suitable plat books provided for …

(1) (a) The county surveyor shall: (i) make any survey that is required by order of the court or upon application of any person; (ii) keep a correct and fair record of all surveys made by the county surveyor; (iii) number the surveys progressively in the order made; and (iv) pres…

(1) Any person owning or claiming lands which are divided by county lines and wishing to have the same surveyed may apply to the surveyor of any county in which any part of such land is situated. On such application being made, the county surveyor must make the survey, which is a…

The board of county commissioners shall set the county surveyor's fees by resolution.

(1) The coroner, with approval of the county commissioners, may appoint one or more deputy coroners to assist the coroner or act in the coroner's absence. (2) At the time of appointment, a deputy coroner or acting coroner must meet the qualifications required of a coroner as prov…

(1) The coroner, or the board of county commissioners if the coroner is unable or refuses to act, shall request the coroner or a qualified deputy coroner of another county to be acting county coroner if the coroner: (a) is absent or unable to attend to duties or if the office of …

In each county having a population of 45,000 or more by the latest federal census enumeration, the coroner may, with the consent of the county commissioners, appoint a stenographer. The stenographer shall hold such position during the pleasure of the coroner making the appointmen…

(1) In addition to the qualifications set forth in 7-4-2201, to be eligible for the office of coroner, at the time of election or appointment to office a person must be a high school graduate or holder of an equivalency of completion of secondary education as provided by the supe…

(1) Coroner education must be approved by the Montana public safety officer standards and training council established in 2-15-2029. The council may adopt rules establishing standards and procedures for basic and advanced education. The cost of conducting the education must be bo…

The county coroner shall: (1) hold inquests as provided in Title 46, chapter 4, parts 1 and 2; (2) inquire into the cause, manner, and circumstances of all human deaths, as required in 46-4-122, and establish the identity of the deceased person; (3) provide decent disposal of an …

Whenever an inquest is held because of the death of an individual confined in the state prison, the county clerk of the county where the inquest is held shall make out a statement of all the costs incurred by the county in the inquest, properly certified by the coroner of the cou…

Before allowing the accounts of the coroner, the board of county commissioners shall require the coroner to file with the clerk of the board a statement, in writing and verified by affidavit, showing: (1) the amount of money or other property belonging to the estate of the deceas…

(1) In the course of an inquiry authorized under the provisions of 46-4-122, the coroner may take custody of a dead human body and cause it to be removed from the site of death to a facility designated by the coroner. (2) A dead human body in the custody of a county coroner must …

(1) Any property of a decedent or any suicide note composed or purportedly composed by a decedent in the custody of the county coroner shall be held until such time as the county attorney establishes that it is not necessary to hold such property or note to determine the true cau…

When a coroner serves more than one process in the same cause, not requiring more than one journey from the office, the coroner may receive mileage only for the more distant service, and mileage is not allowed for less than 1 mile actually traveled.

(1) (a) There is a special revenue account within the state special revenue fund established in 17-2-102 to aid counties in providing adequate burial, entombment, or cremation of an indigent person. (b) There must be deposited in the account money received from donations to provi…

The duties and functions of the sheriff's office are provided for in Title 7, chapter 32, part 21.

The duties and functions of the treasurer's office are provided for in part 21, chapter 6.

The duties and functions of the auditor's office are provided for in part 24, chapter 6.

The powers and duties of the public administrator are defined by Title 72, chapter 15, and 72-5-415(2).