Mont. Code Ann. » TITLE 1. GENERAL LAWS AND DEFINITIONS · CHAPTER 2. STATUTORY CONSTRUCTION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 1-2-102 (2026)

Intention Of The Legislature -- Particular And General Provisions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 1
  3. CHAPTER 2
  4. Part 1
  5. 1-2-102 Intention of the legislature -- particular and general provisions

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 2. STATUTORY CONSTRUCTION

Part 1. General Provisions

Intention Of The Legislature -- Particular And General Provisions

1-2-102. Intention of the legislature -- particular and general provisions. In the construction of a statute, the intention of the legislature is to be pursued if possible. When a general and particular provision are inconsistent, the latter is paramount to the former, so a particular intent will control a general one that is inconsistent with it.

History: En. Sec. 613, p. 198, L. 1877; re-en. Sec. 613, 1st Div. Rev. Stat. 1879; re-en. Sec. 631, 1st Div. Comp. Stat. 1887; re-en. Sec. 3135, C. Civ. Proc. 1895; re-en. Sec. 7876, Rev. C. 1907; re-en. Sec. 10520, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1859; re-en. Sec. 10520, R.C.M. 1935; R.C.M. 1947, 93-401-16(part).

Notes of Decisions
Cited in 175 cases (12 in the last 5 years), 1980–2026 · leading case: State v. Damon, 2005 MT 218 (Mont. 2005).
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State v. Damon, 2005 MT 218 (Mont. 2005). · cites it 24× “Section 1-2-102, MCA, provides: Intention of the legislature — particular and general provisions.”
State v. Holt, 2011 MT 42 (Mont. 2011). · cites it 12× “VI, § 12 ("The governor may grant reprieves, commutations and pardons, restore citizenship, and suspend and remit fines and forfeitures subject to procedures provided by law."); § 46-23-104(1), MCA ("The board of pardons and parole is responsible for executive clemency and…”
State v. Feight, 2001 MT 205 (Mont. 2001). · cites it 10× “Sections 3-5-303, 46-17-203, 46-17-311 and 46-12-204, MCA, are the specific code sections which provide for and define the parameters of the jurisdiction of a district court to entertain appeals from justice courts.”
State v. Brendal, 2009 MT 236 (Mont. 2009). · cites it 8× “3d 1 (citing § 1-2-102, MCA). This Court operates under the presumption that the Legislature does not pass meaningless legislation, and we will harmonize statutes relating to the same subject in order to give effect to each statute.”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183 (Mont. 2007). · cites it 4× “See § 1-2-102, MCA (the intention of the legislature is to be pursued in interpreting a statute).”
Sports Shooting Ass'n v. State, Mt. Dept. of Fwp, 2008 MT 190 (Mont. 2008). · cites it 4× “2d 1008, 1010 (1985); see also § 1-2-102, MCA ("When a general and particular provision are inconsistent, the latter is paramount to the former, so a particular intent will control a general one that is inconsistent with it.”
Weidow v. Uninsured Employers' Fund, 2010 MT 292 (Mont. 2010). · cites it 6× “" The WCC could not determine whether the "determination by the department" that becomes final pursuant to § 39-71-520(2), MCA (2005), referred to the mediator's recommendation favorable to Weidow, or to UEF's denial of Weidow's claim.”
Coleman v. State, 633 P.2d 624 (Mont. 1981). · cites it 6× “4, MCA, is unavailable to the post-conviction petitioner.”
Pilgeram v. Greenpoint Mortg. Funding, Inc., 2013 MT 354 (Mont. 2013). · cites it 3× “The owner of the beneficial interest is entitled to repayment of the loan.”
State v. Smith, 2004 MT 191 (Mont. 2004). · cites it 6× “Section 1-2-102, MCA. Further, when two statutes deal with a *141 subject, one in general and comprehensive terms, and the other in minute and more definite terms, the more definite statute will prevail to the extent of any opposition between them.”
State v. McGowan, 2006 MT 163 (Mont. 2006). · cites it 6× “" Section 1-2-102, MCA. In ascertaining the Legislature's intent, "it is beyond dispute that.”
Orr v. State, 2004 MT 354 (Mont. 2004). · cites it 4× “See § 1-2-102, MCA. ¶115 In reality, Title 69, Chapter 42, RCM, Industrial Hygiene, was in no way intended to, and did not, create a duty on the part of the State to correct or prevent all hazardous workplace conditions on pain of making the State liable for any damages if such…”
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