Montana § 3-5-126 Standing Masters -- Findings Of Fact And Conclusions Of Law -- Order -- Contents And Filing -- Review -- Stipulations As To Findings

Montana Statutes

§ 3-5-126 — Standing Masters -- Findings Of Fact And Conclusions Of Law -- Order -- Contents And Filing -- Review -- Stipulations As To Findings

Montana·Title 3 JUDICIARY, COURTS·Ch. 5 DISTRICT COURTS·Part 1 Definition of Districts and Assignment of Judges

3-5-126 . Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings.

(1)Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitted to the standing master, the standing master shall hold a hearing. When a hearing is not required, the standing master shall submit findings of fact, conclusions of law, and a proposed order to the clerk of court on the matters submitted to the standing master by the order of reference. The standing master shall file the findings of fact and conclusions of law or order wit

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3-5-126 . Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings. (1) Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitted to the standing master, the standing master shall hold a hearing. When a hearing is not required, the standing master shall submit findings of fact, conclusions of law, and a proposed order to the clerk of court on the matters submitted to the standing master by the order of reference. The standing master shall file the findings of fact and conclusions of law or order with the clerk of the court and promptly serve copies on all parties in accordance with applicable law. All contested proceedings before the standing master must be audio or video recorded. The standing master shall, at the expense of the district court, file a recording of the proceedings and of the evidence and the original exhibits. The record of the proceedings before the standing master must be made available to the public to the same extent other records of the district court are available to the public. The reasonable cost of the preparation of a duplicate of the recording is the responsibility of the objecting party. The objecting party shall serve a copy of the duplicate recording on adverse parties.
(2) Within 10 days after being served with notice of the filing of the findings of fact and conclusions of law or order, any party may file and serve written specific objections or apply to the district court for an extension. The district court, after a hearing, if requested, may adopt the findings of fact and conclusions of law or order and may modify, reject in whole or in part, receive further evidence, or recommit the matter to the standing master with instructions. If a party seeks to admit further evidence and the request is denied, the party may make an offer of proof with affidavits and additional proposed exhibits.
(3) When the parties stipulate that a standing master's findings of fact are final, only questions of law arising on the findings of fact and conclusions of law may be considered.

Montana § 3-5-126 (Standing Masters -- Findings Of Fact And Conclusions Of Law -- Order -- Contents And Filing -- Review -- Stipulations As To Findings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.