To start a lawsuit, you need to file a Complaint or, in a certain family law cases like divorce and parenting plan cases, a Petition. Montana's highest court, the Montana Supreme Court is made up of the chief justice and six associate justices. The Montana Supreme Court exercises both original and appellate jurisdiction.
A person may seek a name change for any number of reasons such as divorce, safety reasons, gender change, or simply wanting a new name. Montana law provides a formal name change process under MCA Title 27, Chapter 31. This page features forms and links to assist self-represented individuals petition a Montana district court for a name change.
Although the legal term of custody is commonly used, Montana courts use the term parenting time to reflect emphasis on the children. A Declaration of Invalidity, often referred to as an annulment, requires the moving party to show the court that the marriage is invalid under state law. ( MCA 40-1-402)
That is, in Montana, a person can ask the court to end their marriage simply because they do not want to be married anymore. Legal Separation -- Under Montana law, a party may request a decree of legal separation rather than a decree of dissolution of marriage, and the court shall grant the decree in that form unless the other party objects.
Montana's Courts of Limited Jurisdiction include Justice Courts, City Courts, and Municipal Courts. Although the jurisdiction of these courts differs slightly, collectively they address cases involving misdemeanor offenses, civil cases for amounts up to $12,000, small claims valued up to $7,000, landlord/tenant disputes, local ordinances, forcible entry and detainer, protection orders, certain issues involving juveniles, and other matters.
The Montana Water Court, created in the 1979 Legislature, provides expedited statewide adjudication of overstating law-based water rights and Indian and Federal reserved water rights claims. The Water Court has exclusive jurisdiction over the adjudication of water rights claims. Learn more at http://courts.mt.gov/courts/water.
Supreme Court. Montana's highest court, the Montana Supreme Court is made up of the chief justice and six associate justices. The Montana Supreme Court exercises both original and appellate jurisdiction.
Montana’s District Courts cover 22 judicial districts, with each district comprised of several counties. District Courts maintain general jurisdiction and handle cases including felony-level criminal cases, probate and divorce cases. District Courts may also act as appeal courts for decisions from courts of limited jurisdiction and administrative judges.
Civil remedies include money, or a court-ordered requirement that one side perform a specific task it is legally obligated to. Once a court issues and order or judgment, a case may still pass through additional stages, such as an appeal or execution of the judgment (collection). Limited Jurisdiction.
To bring a civil case into court, a Plaintiff (which may be a person, organization, business, or governmental entity) typically files a document called a complaint. The complaint alleges the basis for relief and request for judgment. Civil remedies include money, or a court-ordered requirement that one side perform a specific task it is legally obligated to.
Small claims courts provide a quick and informal way to resolves disputes over small amounts of personal property or money valued up to $7,000.
Montana Judges adhere to the Montana Code of Judicial Conduct, which establishes standards for ethical conduct and provides guidance for maintaining the highest standards of judicial and personal conduct. The Code is based on principles inherent to both our state and United States legal systems. That is, of an independent, fair, and impartial and competent judiciary, composed of men and women of integrity who must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system.
Generally, the Disqualification of a Judge is required in proceedings to which he or she is a party or an interested party; when he or she is related to either party or any attorney or law firm involved in the matter; or when he or she has been an attorney or counsel in a lower proceeding now on appeal. See MCA 3-1-803 for more details.
For both civil and criminal actions in Montana (with exceptions), each adverse party is entitled to one Substitution of a District Court Judge. This does not apply to any judge sitting as a water court judge, to a workers' compensation court judge, or to a judge supervising the distribution of water. To request substitution, the party must motion the court according to the applicable statutory requirements and rules of civil procedure.
Although the legal term of custody is commonly used, Montana courts use the term parenting time to reflect emphasis on the children. A Declaration of Invalidity, often referred to as an annulment, requires the moving party to show the court that the marriage is invalid under state law. ( MCA 40-1-402)
No-Fault Dissolution means that a party does not need a reason for filing for a dissolution of marriage . That is, in Montana, a person can ask the court to end their marriage simply because they do not want to be married anymore. Legal Separation -- Under Montana law, a party may request a decree of legal separation rather than a decree ...
Parenting Plans -- In Montana, parenting plans are used to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.
Legal Separation -- Under Montana law, a party may request a decree of legal separation rather than a decree of dissolution of marriage, and the court shall grant the decree in that form unless the other party objects. ( MCA 40-4-104)