Montana § 3-5-401 Terms Of Court

Montana Statutes

§ 3-5-401 — Terms Of Court

Montana § 3-5-401

Title 3JUDICIARY, COURTS

Ch. 5DISTRICT COURTS

Part 4Terms and Location of District Courts

This text of Montana § 3-5-401 (Terms Of Court) 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. § 3-5-401 (2026).

Text

3-5-401 . Terms of court.

(1)The district court of each county that is a separate judicial district does not have terms and must always be open for the transaction of business except on legal holidays and nonjudicial days.

(2)(a) In each district that is located in two or more counties, the district court judge shall fix the term of court in each county in the district and there must be at least four terms a year in each county. Any order of the judge fixing terms of court must be filed in the office of the clerk of the district court in each county of the district, and the order remains in effect until further order of the judge.

(b)This section may not be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the

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3-5-401 . Terms of court. (1) The district court of each county that is a separate judicial district does not have terms and must always be open for the transaction of business except on legal holidays and nonjudicial days.
(2) (a) In each district that is located in two or more counties, the district court judge shall fix the term of court in each county in the district and there must be at least four terms a year in each county. Any order of the judge fixing terms of court must be filed in the office of the clerk of the district court in each county of the district, and the order remains in effect until further order of the judge.
(b) This section may not be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the special term is necessary.
(c) The district court judge may adjourn a term of district court in one county to a future day certain and in the meantime hold court in another county.

Legislative History

En. Sec. 38, C. Civ. Proc. 1895; amd. Sec. 1, p. 156, L. 1901; re-en. Sec. 6272, Rev. C. 1907; re-en. Sec. 8826, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 73; re-en. Sec. 8826, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1959; R.C.M. 1947, 93-315(part); amd. Sec. 174, Ch. 61, L. 2007.