Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY · Part 1. Courts -- Definitions and General Powers
Montana Code Annotated

Mont. Code Ann. § 3-1-113 (2026)

Means To Carry Jurisdiction Into Effect

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 1
  4. Part 1
  5. 3-1-113 Means to carry jurisdiction into effect

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 1. Courts -- Definitions and General Powers

Means To Carry Jurisdiction Into Effect

3-1-113. Means to carry jurisdiction into effect. When jurisdiction is, by the constitution or any statute, conferred on a court or judicial officer, all the means necessary for the exercise of such jurisdiction are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.

History: En. Sec. 205, C. Civ. Proc. 1895; re-en. Sec. 6329, Rev. C. 1907; re-en. Sec. 8882, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 187; re-en. Sec. 8882, R.C.M. 1935; R.C.M. 1947, 93-1106; amd. Sec. 2, Ch. 21, L. 1979.

Notes of Decisions
Cited in 12 cases, 1979–2020 · leading case: Butte-Silver Bow Local Gov't v. Olsen, 743 P.2d 564 (Mont. 1987).
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Butte-Silver Bow Local Gov't v. Olsen, 743 P.2d 564 (Mont. 1987). · cites it 6× “Section 3-1-113, MCA. It does not have to wait until the emergency actually occurs.”
Mead v. McKittrick, 727 P.2d 517 (Mont. 1986). · cites it 6× “Section 3-1-113, MCA, is a general grant of power to the courts: "[W]hen jurisdiction is .”
State v. Brummer, 1998 MT 11 (Mont. 1998). · cites it 4× “2d 239 , we observed that the concept of inherent power is codified at § 3-1-113, MCA, "which provides that when jurisdiction is conferred on a court or judicial officer, all the means necessary for the exercise of that jurisdiction are also given.”
State v. Dasen, 2007 MT 87 (Mont. 2007). · cites it 2× “Consequently, Judge Curtis issued the second search warrant with the authority of acting Judge Stadler, pursuant to his powers under § 3-1-113, MCA (allowing a judge to adopt “any suitable process or mode of proceeding.”
Clark v. Dussault, 878 P.2d 239 (Mont. 1994). · cites it 4× “The concept of inherent power is codified at § 3-1-113, MCA, which provides that when jurisdiction is conferred on a court or judicial officer, all the means necessary for the exercise of that jurisdiction are also given.”
Sprinkle v. Burton, 935 P.2d 1094 (Mont. 1996). · cites it 4× “its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every other matter appertaining thereto," § 3-1-111(5), MCA, and regardless of the pendency of any particular action, § 3-1-113, MCA. As Plaintiffs point out,…”
Bd. of Commissioners v. Eleventh Jud. Dist. Court, 597 P.2d 728 (Mont. 1979). · cites it 3× “” Section 3-1-113 MCA provides: “When jurisdiction is, by the constitution or this code or any other statute, conferred on a court or judicial officer, all the means necessary to carry into effect are also given.”
In Re the Marriage of Geertz, 755 P.2d 34 (Mont. 1988). · cites it 3× “See Section 3-1-113, MCA. In the instant case, the court lacked the authority to grant the relief requested until a determination of the marital relationship of the parties was completed.”
Rickett v. City of Billings, 864 P.2d 793 (Mont. 1993). · cites it 2× “While § 3-1-113, MCA, authorizes a district court to use the means necessary for the exercise of jurisdiction conferred by the constitution or statute, it does not grant a district court blanket authority to respond to a defendant’s failure to appear when the range of responses…”
K & J v. Flathead Cnty., 2020 MT 277 (Mont. 2020). · cites it 3× “” Section 3-1-113, MCA. This argument overlooks the plain language analysis of the governing statutes and our obligation to consider those statutes in the context of the entire statutory scheme.”
In Re the Marriage of Miller, 672 P.2d 271 (Mont. 1983). · cites it 3× “*520 Clearly the District Court has the power to enforce the liens by writ of execution, as stated in section 3-1-113, MCA: “When jurisdiction is, by the constitution or any statute, conferred on a court or judicial officer, all the means necessary for the exercise of such…”
Townsend v. Glick, 2015 MT 329N (Mont. 2015). · cites it 4× “” The District Court, however, found it “clear” that Glick and Townsend’s friendship and business relationship had “gone seriously south” and that “there should be no contact” between them other than to address the federal court proceedings.”
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.