Montana Code Annotated

Mont. Code Ann. § 3-10-101 (2026)

Number And Location Of Justices' Courts -- Authorization To Combine With City Court -- Justice's Court Of Record

✓ current as of May 2026

Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 3. JUDICIARY, COURTS

CHAPTER 10. JUSTICES' COURTS

Part 1. General Provisions

Number And Location Of Justices' Courts -- Authorization To Combine With City Court -- Justice's Court Of Record

3-10-101. Number and location of justices' courts -- authorization to combine with city court -- justice's court of record. (1) There must be at least one justice's court in each county of the state, which must be located at the county seat. The board of county commissioners shall designate the number of justices in each justice's court.

(2) The board of county commissioners of each county of the state may establish:

(a) one additional justice's court located anywhere in the county; and

(b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).

(3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to constitute a justice's court in the city. A justice's court must be established in the city if the board of county commissioners approves the request by resolution.

(4) A justice of the peace of a court established pursuant to subsection (3) may act as the city judge upon passage of a city ordinance authorizing the action and upon approval of the ordinance by resolution of the board of county commissioners. If the ordinance and resolution are passed, the city and the county shall enter into an agreement for proportionate payment of the justice's salary, as established under 3-10-207 and 3-11-202, and for proportionate reimbursement for the use of facilities.

(5) A county may establish the justice's court as a court of record. If the justice's court is established as a court of record, it must be known as a "justice's court of record" and, in addition to the provisions of this chapter, is also subject to the provisions of 3-10-115 and 3-10-116. The court's proceedings must be recorded by electronic recording or stenographic transcription and all papers filed in a proceeding must be included in the record. A justice's court of record may be established by a resolution of the county commissioners or pursuant to 7-5-137 and Title 13, chapter 28.

History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(part); amd. Sec. 1, Ch. 56, L. 1981; amd. Sec. 3, Ch. 393, L. 1999; amd. Sec. 5, Ch. 389, L. 2003; amd. Sec. 4, Ch. 557, L. 2005; amd. Sec. 14, Ch. 49, L. 2015; amd. Sec. 14, Ch. 225, L. 2025.

Notes of Decisions

Cited in 19 cases (4 in the last 5 years), 2005–2025 · leading case: State v. Davis, 2016 MT 102 (Mont. 2016).

Sort: Relevance Newest Treatment

State v. Davis, 2016 MT 102 (Mont. 2016). · cites it 7× “” Section 3-10-101(5), MCA. Pertinent here, justices courts have jurisdiction within their respective counties over “all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.”

State v. S. Hoover, 2017 MT 236 (Mont. 2017). · cites it 4× “As a procedural component of these protections, government searches and seizures must generally occur pursuant to a judicial warrant issued on probable cause.”

Hernandez v. Bd. of Cnty. Commissioners, 2008 MT 251 (Mont. 2008). · cites it 24× “See § 3-10-101, MCA. ¶19 Petitioner also complains that there are no rules governing procedure injustice’s courts of record to advise pro se litigants as to the effect of proceeding without an attorney, or that trial before a justice’s court of record precludes a trial de novo…”

Hernandez v. Bd. of Cnty. Com'rs, 2008 MT 251 (Mont. 2008). · cites it 26× “See § 3-10-101, MCA. ¶ 19 Petitioner also complains that there are no rules governing procedure in justice's courts of record to advise pro se litigants as to the effect of proceeding without an attorney, or that trial before a justice's court of record precludes a trial de novo…”

State v. W. Harning, 2022 MT 61 (Mont. 2022). · cites it 2× “After holding a hearing, the Justice Court denied Harning’s motion 2 The Yellowstone County Justice Court is a court of record authorized by § 3-10-101(5), MCA. 5 to suppress. In addition to the above testimony, Trooper DiGiovanna explained his training specifically related to…”

State v. Seaman, 2005 MT 307 (Mont. 2005). · cites it 2× “On March 24, 2004, the Justice Court, which has been established as a court of record pursuant to § 3-10-101(5), MCA, conducted an evidentiary hearing on the motion.”

State v. T. Staker, 2021 MT 151 (Mont. 2021). “STANDARD OF REVIEW ¶7 We review the denial of motions to suppress evidence and for dismissal of a criminal charge to determine whether any requisite findings of fact are clearly erroneous, and de 4 The Gallatin County Justice Court is not a “court of record,” as defined and…”

State v. Hodge, 2014 MT 308 (Mont. 2014). · cites it 2× “STANDARDS OF REVIEW ¶11 The Flathead County Justice Court is a court of record pursuant to § 3-10-101(5), MCA. In an appeal from a justice court established as a court of record, the district court functions as an intermediate appellate court and, as such, is confined to review…”

Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). · cites it 2× “¶17 The Flathead County Justice Court is a justice court of record, as defined by § 3-10-101(5), MCA. In contrast to appeal by trial de novo, the exclusive manner of appeal from a justice court of record is appeal on the record.”

State v. T.Thibeault, 2021 MT 162 (Mont. 2021). · cites it 2× “On subsequent appeal from 2 The Yellowstone County Justice Court is a court of record as defined by § 3-10-101(5), MCA. 4 district court to this Court, we independently review the justice court findings of fact, conclusions and applications of law, and discretionary rulings…”

State v. Frazier, 2005 MT 99 (Mont. 2005). · cites it 2× “The Cascade County Justice Court, in which Frazier was convicted, is a “court of record” established under § 3-10-101(5), MCA. Under § 3-10-115, MCA, an appeal from a justice court established as a court of record is appropriately before the district court.”

Hennon v. Weber, 2025 MT 260 (Mont. 2025). · cites it 4× “1 The Judith Basin Justice Court is a court of record under § 3-10-101(5), MCA. However, while the Justice Court announced itself as a court of record during the hearing, the court should also identify itself as such in its official court documents which is required under §…”

Show all 19 citing cases →

— Mont. Code Ann. § 3-10-101(5) — 19 cases

State v. Davis, 2016 MT 102 (Mont. 2016). “” Section 3-10-101(5), MCA. Pertinent here, justices courts have jurisdiction within their respective counties over “all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.”

State v. S. Hoover, 2017 MT 236 (Mont. 2017). “As a procedural component of these protections, government searches and seizures must generally occur pursuant to a judicial warrant issued on probable cause.”

Hernandez v. Bd. of Cnty. Commissioners, 2008 MT 251 (Mont. 2008). “See § 3-10-101, MCA. ¶19 Petitioner also complains that there are no rules governing procedure injustice’s courts of record to advise pro se litigants as to the effect of proceeding without an attorney, or that trial before a justice’s court of record precludes a trial de novo…”

Hernandez v. Bd. of Cnty. Com'rs, 2008 MT 251 (Mont. 2008). “See § 3-10-101, MCA. ¶ 19 Petitioner also complains that there are no rules governing procedure in justice's courts of record to advise pro se litigants as to the effect of proceeding without an attorney, or that trial before a justice's court of record precludes a trial de novo…”

State v. W. Harning, 2022 MT 61 (Mont. 2022). “After holding a hearing, the Justice Court denied Harning’s motion 2 The Yellowstone County Justice Court is a court of record authorized by § 3-10-101(5), MCA. 5 to suppress. In addition to the above testimony, Trooper DiGiovanna explained his training specifically related to…”

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.