27-1-101. Judicial remedies defined. Judicial remedies are such as are administered by the courts of justice or by judicial officers empowered for the purpose by the constitution and statutes of this state.
Montana Code Annotated
Mont. Code Ann. § 27-1-101 (2026)
Judicial Remedies Defined
✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 1. General Provisions
Judicial Remedies Defined
History: En. Sec. 3469, C. Civ. Proc. 1895; re-en. Sec. 8077, Rev. C. 1907; re-en. Sec. 8995, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 20; re-en. Sec. 8995, R.C.M. 1935; R.C.M. 1947, 93-2201.
Notes of Decisions
Cited in 3
cases, 1985–2019 · leading case: Larson v. State, 434 P.3d 241 (Mont. 2019).
Larson v. State, 434 P.3d 241 (Mont. 2019). “See § 27-1-101, MCA (defining judicial remedies as those "administered by the courts of justice or by judicial officers empowered for the purpose by the constitution and statutes of this state").”
Webb v. T.D., 912 P.2d 202 (Mont. 1996). “" Section 27-1-102, MCA, divides judicial remedies into two classes "actions" and "special proceedings" defining the former as "an ordinary proceeding in a court of justice .”
Matkovic v. Shell Oil Co., 707 P.2d 2 (Mont. 1985). “If a defense of assumption of risk may not be a complete bar to plaintiffs recovery as posed in question number 2, then is the defense of assumption of risk treated like the defense of contributory negligence under Montana Code annotated, Sections 27-1-101, et. seq., 1983, and…”
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