Montana Code Annotated

Mont. Code Ann. § 3-1-101 (2026)

The Several Courts Of This State

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 1. Courts -- Definitions and General Powers

The Several Courts Of This State

3-1-101. The several courts of this state. The following are courts of justice of this state:

(1) the court of impeachment, which is the senate;

(2) the supreme court;

(3) the district courts;

(4) the municipal courts;

(5) the justices' courts;

(6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.

History: En. Secs. 2, 6, C. Civ. Proc. 1895; re-en. Secs. 6238, 6240, Rev. C. 1907; re-en. Secs. 8784, 8786, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 33, 36; re-en. Secs. 8784, 8786, R.C.M. 1935; R.C.M. 1947, 93-101, 93-103(part); amd. Sec. 1, Ch. 21, L. 1979; amd. Sec. 5, Ch. 466, L. 1979.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1994–2025 · leading case: Thompson v. State, 2007 MT 185, 167 P.3d 867.
Thompson v. State, 2007 MT 185, 167 P.3d 867. · cites it 4× “According to the WCC, reasoning by analogy, the failure of the Legislature to include it in the list of the courts of justice of this state, set forth in § 3-1-101, MCA, would also mean that the WCC is not a court of justice.”
Donaldson v. State, 2012 MT 288, 292 P.3d 364. · cites it 3× “Section 3-1-101, MCA. “Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person[.”
McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777. · cites it 2× “Here HB 325, if approved, would modify § 3-1-101, MCA, as follows: 3-2-101. Number, election, and term of office -- selection of chief justice.”
Shultz v. Hooks, 867 P.2d 1110 (Mont. 1994). · cites it 2× “DISQUALIFICATION OF JUDGES This section shall, in its application, apply to all courts listed in section 3-1-101 except a court of impeachment in the state senate.”
Donaldson v. State of Montana, 2012 MT 288. · cites it 2× “Section 3-1-101, MCA. “Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person[.”
R. Skurdal v. J. Walker, 2025 MT 174, 573 P.3d 762. · cites it 2× “See § 3-1-101, MCA. Yellowstone County is therefore immune from suit for Judge Walker’s actions.”
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.