Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 5. DISTRICT COURTS · Part 1. Definition of Districts and Assignment of Judges
Montana Code Annotated

Mont. Code Ann. § 3-5-124 (2026)

Standing Masters -- Reference -- Powers

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 5
  4. Part 1
  5. 3-5-124 Standing masters -- reference -- powers

TITLE 3. JUDICIARY, COURTS

CHAPTER 5. DISTRICT COURTS

Part 1. Definition of Districts and Assignment of Judges

Standing Masters -- Reference -- Powers

3-5-124. Standing masters -- reference -- powers. (1) A reference to a standing master must be made at the judge's discretion or by standing order of the district court. All standing orders of reference under this section must be posted in a conspicuous place on the district court's or the judicial branch's website.

(2) A party may object to a reference to a standing master within 20 days after the date the matter was referred to the standing master but before the first meeting with the standing master. On objection, the district court shall refer the matter to another standing master in the judicial district or return the matter to the active docket of the district court.

(3) (a) The order of reference to the standing master must specify or limit the standing master's powers and must direct the standing master to present written findings of fact and conclusions of law on particular issues for the consideration of the district court. Subject to the specifications and limitations stated in the order, the standing master shall regulate all proceedings in each hearing before the standing master and implement measures necessary for the efficient performance of the standing master's duties under the order.

(b) The standing master may:

(i) require the production of evidence on all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings that are applicable;

(ii) rule on the admissibility of evidence unless otherwise directed by the order of reference. The standing master's rulings must be in accordance with Montana law and the Montana Rules of Evidence, as applicable.

(iii) put witnesses on oath and permit their examination;

(iv) call the parties to the action and permit their examination under oath; and

(v) issue temporary orders that are subject to review by the district court, on objection by a party to the action.

(c) The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules of Evidence for a court sitting without a jury. Audio and video recordings are acceptable means of record so long as a master recording is properly preserved and can be transcribed for district court and appellate review.

(4) A standing master shall apply all applicable laws and follow the applicable rules of the judicial district in which the matter is filed.

History: En. Sec. 2, Ch. 167, L. 1999; amd. Sec. 1, Ch. 604, L. 2023.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2006–2025 · leading case: In Re the Marriage of McMichael, 2006 MT 237, 143 P.3d 439.
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In Re the Marriage of McMichael, 2006 MT 237, 143 P.3d 439. · cites it 6× “Parties have ten days after being served with notice of the filing of the findings and conclusions to “serve written specific objections upon the other parties.”
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. · cites it 6× “¶22 District cotuts are authorized to appoint standing masters pursuant to Rule 53 of the Montana Rules of Civil Procedure and §§ 3-5-124 to 126, MCA. A standing master must be appointed by an order of reference from the district cotut.”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. · cites it 4× “As stated in the Second Amended Standing Order of Reference, dated April 1, 2013, the guidelines and procedures for the powers of the standing master are governed by §§ 3-5-124 through -126, MCA. The standing order further provides: 4.”
In re the Marriage of Taylor, 2016 MT 342, 386 P.3d 599. · cites it 6× “Section 3-5-124(1), MCA; In re Marriage of McMichael, 2006 MT 237, ¶ 13 , 333 Mont.”
In Re the Marriage of Olson, 2008 MT 232, 194 P.3d 619. · cites it 5× “Section 3-5-124(1), (2)(a), MCA. A standing master is required to preserve an adequate record of the proceedings: The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules…”
Parenting of A.C.P.S., Minor Child, 2025 MT 297N, 581 P.3d 380. · cites it 5× “” Section 3-5-124(3)(c), MCA. ¶17 On appeal, Tyler reiterates some of the objections he raised in the District Court.”
Scrantom v. Masters, 2018 MT 109, 417 P.3d 339. · cites it 6× “Masters argues that specific objections are a prerequisite to both a hearing and review.”
In Re the Parenting of M.M.K., 2016 MT 81, 369 P.3d 344. · cites it 3× “Section 3-5-124, MCA; M. R. Civ. P. 53. Unless the district court orders otherwise, a master must issue findings of fact and conclusions of law upon matters referred by the district court.”
Parenting of L.D.C., 2022 MT 161, 516 P.3d 631. “Sections 3-5-124 through -126, MCA; M. R.”
Parenting of A.C.P.S., Minor Child, 2025 MT 297N, 581 P.3d 380. · cites it 5× “” Section 3-5-124(3)(c), MCA. ¶17 On appeal, Tyler reiterates some of the objections he raised in the District Court.”
Tintinger v. Tintinger, No. DA 24-0068 (Mont. Aug. 27, 2024). · cites it 2× “Ashley points out that after the standing master issued a Permanent Order of Protection along with Findings of Facts and Conclusions of Law on January 4, 2024, Samuel did not file any objections to the Order, as required by § 3-5-126(2), MCA, to place the matter before the…”
Est. of Du Lac, 2012 MT 107N. “Following briefing and pursuant to §§ 3-5-124 to -126, MCA, the District Court referred the matter to Standing Master Brian Bulger.”
Mont. Code Ann. § 3-5-124(1): 6 cases
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. “¶22 District cotuts are authorized to appoint standing masters pursuant to Rule 53 of the Montana Rules of Civil Procedure and §§ 3-5-124 to 126, MCA. A standing master must be appointed by an order of reference from the district cotut.”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “As stated in the Second Amended Standing Order of Reference, dated April 1, 2013, the guidelines and procedures for the powers of the standing master are governed by §§ 3-5-124 through -126, MCA. The standing order further provides: 4.”
In re the Marriage of Taylor, 2016 MT 342, 386 P.3d 599. “Section 3-5-124(1), MCA; In re Marriage of McMichael, 2006 MT 237, ¶ 13 , 333 Mont.”
In Re the Marriage of Olson, 2008 MT 232, 194 P.3d 619. “Section 3-5-124(1), (2)(a), MCA. A standing master is required to preserve an adequate record of the proceedings: The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules…”
Scrantom v. Masters, 2018 MT 109, 417 P.3d 339. “Masters argues that specific objections are a prerequisite to both a hearing and review.”
Mont. Code Ann. § 3-5-124(2): 2 cases
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. “¶22 District cotuts are authorized to appoint standing masters pursuant to Rule 53 of the Montana Rules of Civil Procedure and §§ 3-5-124 to 126, MCA. A standing master must be appointed by an order of reference from the district cotut.”
In re the Marriage of Taylor, 2016 MT 342, 386 P.3d 599. “Section 3-5-124(1), MCA; In re Marriage of McMichael, 2006 MT 237, ¶ 13 , 333 Mont.”
Mont. Code Ann. § 3-5-124(2)(a): 2 cases
In Re the Marriage of McMichael, 2006 MT 237, 143 P.3d 439. “Parties have ten days after being served with notice of the filing of the findings and conclusions to “serve written specific objections upon the other parties.”
Scrantom v. Masters, 2018 MT 109, 417 P.3d 339. “Masters argues that specific objections are a prerequisite to both a hearing and review.”
Mont. Code Ann. § 3-5-124(2)(c): 1 case
In Re the Marriage of Olson, 2008 MT 232, 194 P.3d 619. “Section 3-5-124(1), (2)(a), MCA. A standing master is required to preserve an adequate record of the proceedings: The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules…”
Mont. Code Ann. § 3-5-124(3)(c): 2 cases
Parenting of A.C.P.S., Minor Child, 2025 MT 297N, 581 P.3d 380. “” Section 3-5-124(3)(c), MCA. ¶17 On appeal, Tyler reiterates some of the objections he raised in the District Court.”
Parenting of A.C.P.S., Minor Child, 2025 MT 297N, 581 P.3d 380. “” Section 3-5-124(3)(c), MCA. ¶17 On appeal, Tyler reiterates some of the objections he raised in the District Court.”
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