Montana § 3-10-401 Contempts For Which Justice Of The Peace May Punish

Montana Statutes

§ 3-10-401 — Contempts For Which Justice Of The Peace May Punish

Montana § 3-10-401

Title 3JUDICIARY, COURTS

Ch. 10JUSTICES' COURTS

Part 4Contempts in Justices' Courts

This text of Montana § 3-10-401 (Contempts For Which Justice Of The Peace May Punish) 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. § 3-10-401 (2026).

Text

3-10-401 . Contempts for which justice of the peace may punish. A justice of the peace may punish for contempt persons guilty of only the following acts:

(1)disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;

(2)a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by the justice tending to interrupt the due course of a trial or other judicial proceeding;

(3)disobedience or resistance to the execution of a lawful order or process made or issued by the justice;

(4)disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;

(5)rescuing any person or propert

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3-10-401 . Contempts for which justice of the peace may punish. A justice of the peace may punish for contempt persons guilty of only the following acts:
(1) disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(2) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by the justice tending to interrupt the due course of a trial or other judicial proceeding;
(3) disobedience or resistance to the execution of a lawful order or process made or issued by the justice;
(4) disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;
(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court.

Legislative History

En. Sec. 1650, C. Civ. Proc. 1895; re-en. Sec. 7065, Rev. C. 1907; re-en. Sec. 9698, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 906; re-en. Sec. 9698, R.C.M. 1935; amd. Sec. 47, Ch. 344, L. 1977; R.C.M. 1947, 93-7501; amd. Sec. 194, Ch. 61, L. 2007.