9 Montana opinions name it 1 courts 1989–2025 2 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of Missoula v. Franklingreen2 sentences2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, 2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, | 1 | 1 |
Cole v. Flathead Countygreen2 sentences2006Thus, because “the essential question for the District Court in deciding a motion for summary judgment either for the plaintiff or for the defendant is whether there exists a genuine issue of material fact,” Cole, 236 Mont. at 416 , 771 P.2d at 100 , we held that the portion of Rule 2 which deemed a party’s failure to file an answer brief within ten days as “an admission that the motion is well taken” did not apply to motions for summary judgment, Cole, 236 Mont. at 417 , 771 P.2d at 100 . ¶62 The second rule we addressed in Cole was a local rule adopted by the district court which stated that 2006Thus, because “the essential question for the District Court in deciding a motion for summary judgment either for the plaintiff or for the defendant is whether there exists a genuine issue of material fact,” Cole, 236 Mont. at 416 , 771 P.2d at 100 , we held that the portion of Rule 2 which deemed a party’s failure to file an answer brief within ten days as “an admission that the motion is well taken” did not apply to motions for summary judgment, Cole, 236 Mont. at 417 , 771 P.2d at 100 . ¶62 The second rule we addressed in Cole was a local rule adopted by the district court which stated that | 1 | 1 |
cluster 265954green2 sentences2006Cole, 236 Mont. at 418 , 771 P.2d at 101 (alterations in original, internal quotation marks omitted) (quoting Dredge Corporation v. Penny, 338 F.2d 456 , 461-62 (9th Cir. 1964)). ¶93 To the extent this passage from Dredge Corporation is actually relevant to the issue at hand, it is worth noting that Montana’s Rules of Civil Procedure do not include a version of Fed. 2006Cole, 236 Mont. at 418 , 771 P.2d at 101 (alterations in original, internal quotation marks omitted) (quoting Dredge Corporation v. Penny, 338 F.2d 456, 461-62 (9th Cir. 1964)). ¶93 To the extent this passage from Dredge Corporation is actually relevant to the issue at hand, it is worth noting that Montana’s Rules of Civil Procedure do not include a version of Fed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bagby v. United States
green
2 sentences2006Such a local rule was involved, and upheld, in Bagby v. United States [(8th Cir. 1952), 199 F.2d 233 ]. 2006Such a local rule was involved, and upheld, in Bagby v. United States [(8th Cir. 1952), 199 F.2d 233 ]. | 2 | 1989–2006 |
Standing Committee on Discipline of the United States District Court for the Central District of California v. Stephen Yagman
green
1 sentence2025The local rule at issue in Yagman also forbade “conduct that ‘interferes with the administration of justice.’” Yagman, 55 F.3d at 1442 . | 1 | 2025–2025 |
State v. Nelson
green
2 sentences2024Nelson reported the accident to the Montana Highway Patrol the following morning and during the subsequent investigation revealed that he had “consumed 8 a couple of drinks at a local bar . . .” prior to the accident. 283 Mont. at 234 , 941 P.2d at 443 . 2024Nelson reported the accident to the Montana Highway Patrol the following morning and during the subsequent investigation revealed that he had “consumed 8 a couple of drinks at a local bar . . .” prior to the accident. 283 Mont. at 234 , 941 P.2d at 443 . | 1 | 2024–2024 |
State v. Blackwell
green
2 sentences2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, 2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, | 1 | 2019–2019 |
State v. Walker
green
2 sentences2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . 2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . | 1 | 2019–2019 |
State v. Micklon
green
2 sentences2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . 2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . | 1 | 2019–2019 |
State v. Holt
green
2 sentences2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . 2019State v. Micklon , 2003 MT 45 , ¶ 10, 314 Mont. 291 , 65 P.3d 559 (internal citations omitted); State v. Holt , 2011 MT 42 , ¶ 17, 359 Mont. 308 , 249 P.3d 470 ; State v. Walker , 2007 MT 205 , ¶¶ 13-16, 338 Mont. 529 , 167 P.3d 879 . | 1 | 2019–2019 |
State v. Duong
green
2 sentences2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, 2019See City of Missoula v. Franklin , 2018 MT 218 , ¶¶ 1, 15, 392 Mont. 440 , 425 P.3d 1285 (finding a surcharge to fund the city attorney's office exceeded statutory authority); State v. Duong , 2015 MT 70 , ¶¶ 19, 23, 378 Mont. 345 , 343 P.3d 1218 (finding that imposition of costs for an interpreter and ten percent court administrative fee to collect other fees lacked statutory authority and were illegal); Stephenson , ¶¶ 30-33 (finding that an $ 85 assessment payable to a community service program was illegal); Krum , ¶¶ 1, 3, 21 (finding assessments payable to a county court automation fund, | 1 | 2019–2019 |
State v. Rambold
green
2 sentences2018When a court acts without statutory authority for a sentence imposed for an offense committed in violation of state law, the sentence *1288 is illegal. ***444 State v. Rambold , 2014 MT 116 , ¶ 14, 375 Mont. 30 , 325 P.3d 686 . ¶ 11 In Blackwell , the district court relied on a local rule to include a court clerk's salary in jury costs imposed as part of the defendant's sentence. 2018When a court acts without statutory authority for a sentence imposed for an offense committed in violation of state law, the sentence *1288 is illegal. ***444 State v. Rambold , 2014 MT 116 , ¶ 14, 375 Mont. 30 , 325 P.3d 686 . ¶ 11 In Blackwell , the district court relied on a local rule to include a court clerk's salary in jury costs imposed as part of the defendant's sentence. | 1 | 2018–2018 |
State v. Haskin
neutral
1 sentence2017Servs., 2003 MT 361 , 319 Mont. 69 , 81 P.3d 1279 , both of which address intervention of right, and correctly concluded that Engel’s motion satisfied none of the factors. | 1 | 2017–2017 |
Connell v. State Department of Social and Rehabilitation Services
green
2 sentences2017Servs., 2003 MT 361 , 319 Mont. 69 , 81 P.3d 1279 , both of which address intervention of right, and correctly concluded that Engel’s motion satisfied none of the factors. 2017Servs., 2003 MT 361 , 319 Mont. 69 , 81 P.3d 1279 , both of which address intervention of right, and correctly concluded that Engel’s motion satisfied none of the factors. | 1 | 2017–2017 |
Gordon v. H. C. Smith Construction Co.
green
2 sentences2004Smith Construction (1980), 188 Mont. 166 , 612 P.2d 668 , is a similar case where a Butte electrician, while on a job site in Denton, met up with some fellow electricians at the local bar where they drank alcohol and played pool for approximately four hours. 2004Smith Construction (1980), 188 Mont. 166 , 612 P.2d 668 , is a similar case where a Butte electrician, while on a job site in Denton, met up with some fellow electricians at the local bar where they drank alcohol and played pool for approximately four hours. | 1 | 2004–2004 |
Brueggemann v. City of Billings
neutral
2 sentences2003Brueggemann, 221 Mont. at 378 , 719 P.2d at 770 . ¶20 The District Court also compared the franchise fee to municipal fees charged to developers for new hook-ups to a city’s sewer and water systems. 2003Brueggemann, 221 Mont. at 378 , 719 P.2d at 770 . ¶20 The District Court also compared the franchise fee to municipal fees charged to developers for new hook-ups to a city’s sewer and water systems. | 1 | 2003–2003 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.