Montana Statutes
§ 27-8-302 — Jury Trial
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 8 UNIFORM DECLARATORY JUDGMENTS ACT·Part 3 Procedure
27-8-302 . Jury trial.
(1)When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
(2)When a proceeding under this chapter challenges the constitutionality or other illegality of a legislative act or a proposed or adopted ballot issue, as defined in 13-1-101 , and that proceeding involves the determination of an issue of fact, any party to the proceeding is entitled to a trial by jury on a determination of an issue of fact that is in dispute.
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Legislative History
En. Sec. 9, Ch. 16, L. 1935; re-en. Sec. 9835.9, R.C.M. 1935; R.C.M. 1947, 93-8909; amd. Sec. 2, Ch. 680, L. 2025.
Nearby Sections
15
§ 27-8-101
Short Title§ 27-8-102
Purpose -- Liberal Construction§ 27-8-103
Uniformity Of Interpretation§ 27-8-104
Definition Of Person§ 27-8-202
Who May Obtain Declaratory Judgment§ 27-8-203
When Contract May Be Construed§ 27-8-301
Necessary Parties§ 27-8-302
Jury Trial§ 27-8-303
Through 27-8-310 Reserved§ 27-8-311
Costs§ 27-8-312
Review Of Orders And Judgments