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.

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