Montana § 3-1-302 Nonjudicial Day

Montana Statutes

§ 3-1-302 — Nonjudicial Day

Montana § 3-1-302

Title 3JUDICIARY, COURTS

Ch. 1COURTS AND JUDICIAL OFFICERS GENERALLY

Part 3General Rules Regarding Procedure

This text of Montana § 3-1-302 (Nonjudicial Day) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 3-1-302 (2026).

Text

3-1-302 . Nonjudicial day.

(1)No court may be open nor may any judicial business be transacted on legal holidays, as provided for in 1-1-216 , and on a day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving, or holiday, except for the following purposes:

(a)to give, upon its request, instructions to a jury when deliberating on its verdict;

(b)to receive a verdict or discharge a jury;

(c)for the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature.

(2)Injunctions, writs of prohibition, and habeas corpus may be issued and served on any day.

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3-1-302 . Nonjudicial day. (1) No court may be open nor may any judicial business be transacted on legal holidays, as provided for in 1-1-216 , and on a day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving, or holiday, except for the following purposes:
(a) to give, upon its request, instructions to a jury when deliberating on its verdict;
(b) to receive a verdict or discharge a jury;
(c) for the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature.
(2) Injunctions, writs of prohibition, and habeas corpus may be issued and served on any day.

Legislative History

En. Sec. 467, p. 136, Bannack Stat.; re-en. Sec. 589, p. 155, Cod. Stat. 1871; re-en. Sec. 514, p. 174, L. 1877; re-en. Sec. 514, 1st Div. Rev. Stat. 1879; re-en. Sec. 531, 1st Div. Comp. Stat. 1887; amd. Sec. 121, C. Civ. Proc. 1895; re-en. Sec. 6296, Rev. C. 1907; re-en. Sec. 8850, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 134; re-en. Sec. 8850, R.C.M. 1935; amd. Sec. 14, Ch. 420, L. 1975; amd. Sec. 28, Ch. 344, L. 1977; R.C.M. 1947, 93-507.