how to file petition county attorney montana

Give the Clerk of Court a self-addressed stamped envelope. Ask for a copy of the Order Setting Hearing on Petition for Relief from Registration to be mailed to you after the judge signs it. Give the Clerk of Court a stamped envelope addressed to the County Attorney where the petition is filed.

Full Answer

What are the courts in Montana?

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.

What is the Montana Water Court?

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.

What is appellate jurisdiction?

Appellate jurisdiction allows the Supreme Court to receive cases that have already been decided by lower courts to determine whether the lower court’s decision was wrong, unconstitutional, or unfair. The supreme court only reviews procedural parts of appeals.

How many justices are on the Montana Supreme Court?

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.

How many districts are there in Montana?

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.

What is a subpoena to make a witness appear at trial?

Subpoena to Make a Witness Appear at Trial. Subpoena to Make a Witness Appear at Trial with documents. FORMS - MOTIONS. A Motion is the name of a paper that you must file to ask a judge to make a ruling or to take some other action for you once you have started a lawsuit. A Motion does not start a lawsuit.

What is the process of filing a civil case?

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.

What is an order of protection in Montana?

If you are being hurt or threatened with harm, your partner is breaking the law. An Order of Protection is a court order. It’s signed by a judge and says the person who has hurt you ...

Where to file an order of protection?

A petition for Order of Protection can be filed in city, justice, or district court. If you and the other party have a family law case happening in district court, the petition must be filed in district court. A family law case includes dissolution and parenting plans.

How to get an order of protection?

You file a petition for an Order of Protection in court. There is no cost. You have to sign an affidavit about what your abuser has done to you. An affidavit is a form that you swear is true and sign in front of a notary or a judge. If the court finds you are in danger of harm, you will first get a Temporary Order of Protection. Then a hearing will be set. You must attend the hearing if you want the Temporary Order of Protection to stay in place. Your abuser can attend the hearing, too. S/he can tell his or her side of the story to the judge. At the hearing, the judge will decide if you should have an Order of Protection. An Order of Protection can last a few days, months, years, or be permanent.

How to get an order of protection against a person who abused you?

Decide the relief you want the court to give you . You will be asking the judge to grant you an Order of Protection against the person who abused you or threatened to abuse you. You need to tell the judge specifically what you want the Order to say. You can ask the judge to:

What to do if you can't attend a court hearing?

If you absolutely cannot attend the hearing because of an important reason (such as sickness, job interview, family emergency, etc.), you should call the court in which your hearing is set and ask that the hearing be rescheduled. Some courts may require you to file a document called a “motion for continuance”.

How to order the respondent not to contact you?

Order the Respondent not to contact you (in person, through 3rd parties, through writing, by email, by telephone, etc.); Order the Respondent to stay a specific distance from you, your residence and/or your place of employment; Order the Respondent to vacate the home you are living in;

Can you attend a temporary order of protection hearing?

You must attend the hearing if you want the Temporary Order of Protection to stay in place. Your abuser can attend the hearing, too. S/he can tell his or her side of the story to the judge. At the hearing, the judge will decide if you should have an Order of Protection.