Montana Statutes
§ 72-1-208 — Jury Trial
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 1 UNIFORM PROBATE CODE GENERAL PROVISIONS·Part 2 Scope, Jurisdiction, and Courts
72-1-208 . Jury trial.
(1)If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding, and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(2)If there is no right to trial by jury under subsection (1) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
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Legislative History
En. 91A-1-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-306; amd. Sec. 5, Ch. 313, L. 2019.
Nearby Sections
15
§ 72-1-101
Short Title -- Purpose§ 72-1-102
Repealed§ 72-1-103
General Definitions§ 72-1-105
Construction Against Implied Repeal§ 72-1-106
Uniform Probate Code To Take Precedence§ 72-1-107
Effective Date -- Applicability§ 72-1-108
Evidence Of Death Or Status§ 72-1-109
Acts By Holder Of General Power§ 72-1-110
Repealed§ 72-1-201
Territorial Application§ 72-1-202
Subject Matter Jurisdiction§ 72-1-204
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