Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 7. TRIALS · Part 1. Issues -- Mode of Trial
Montana Code Annotated

Mont. Code Ann. § 25-7-103 (2026)

When Issues Of Fact To Be Decided By Jury

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 7
  4. Part 1
  5. 25-7-103 When issues of fact to be decided by jury

TITLE 25. CIVIL PROCEDURE

CHAPTER 7. TRIALS

Part 1. Issues -- Mode of Trial

When Issues Of Fact To Be Decided By Jury

25-7-103. When issues of fact to be decided by jury. All questions of fact, where the trial is by jury, other than those mentioned in 25-7-102 are to be decided by the jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this code.

History: En. Sec. 3440, C. Civ. Proc. 1895; re-en. Sec. 8054, Rev. C. 1907; re-en. Sec. 10698, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2101; re-en. Sec. 10698, R.C.M. 1935; R.C.M. 1947, 93-2501-1.

Notes of Decisions
Cited in 7 cases, 1990–2017 · leading case: State v. Ford, 926 P.2d 245 (Mont. 1996).
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State v. Ford, 926 P.2d 245 (Mont. 1996). · cites it 6× “Section 25-7-103, MCA, provides that in a jury trial all questions of fact, with limited exceptions, are to be decided by the jury.”
Davis v. Westphal, 2017 MT 276 (Mont. 2017). · cites it 2× “3d 1048 ; see also § 25-7-103, MCA *258 (exclusive domain of finder of fact); Weinberg v.”
Stockman Bank of Montana v. Potts, 2006 MT 64 (Mont. 2006). · cites it 8× “Potts also contends that this jury instruction improperly decided questions of fact in violation of § 25-7-103, MCA, which provides: All questions of fact, where the trial is by jury, other than those mentioned in 25-7-102 are to be decided by the jury, and all evidence thereon…”
State v. DeVore, 1998 MT 340 (Mont. 1998). · cites it 2× “”); § 46-16-103(2), MCA (“Questions of law must be decided by the court and questions of fact by the jury.”
Fed. Land Bank of Spokane v. Snider, 808 P.2d 475 (Mont. 1991). · cites it 3× “Section 25-7-103, MCA. The court decides issues of law.”
Finstad v. Montana Power Co., 785 P.2d 1372 (Mont. 1990). · cites it 4× “SHEEHY, Justice, dissenting: Nothing is more clearly established in Montana law, that when a trial is by jury, all questions of fact are to be decided by the jury, and all evidence thereon is addressed to them, § 25-7-103, MCA; § 26-1-202, MCA; and that the jury is the judge of…”
Sportco, Inc. v. Thompson, 806 P.2d 1039 (Mont. 1991). · cites it 3× “Section 25-7-103, MCA. In this case, it was agreed that only two issues of fact were to be decided by the jury: whether Sportco conducted the repossession sale in a commercially reasonable manner, and whether Thompson’s lack of participation in the process estopped his assertion…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.