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. § 3-5-126 (2026)

Standing Masters -- Findings Of Fact And Conclusions Of Law -- Order -- Contents And Filing -- Review -- Stipulations As To Findings

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 5
  4. Part 1
  5. 3-5-126 Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings

TITLE 3. JUDICIARY, COURTS

CHAPTER 5. DISTRICT COURTS

Part 1. Definition of Districts and Assignment of Judges

Standing Masters -- Findings Of Fact And Conclusions Of Law -- Order -- Contents And Filing -- Review -- Stipulations As To Findings

3-5-126. Standing masters -- findings of fact and conclusions of law -- order -- contents and filing -- review -- stipulations as to findings. (1) Subject to the order of reference, the standing master shall submit findings of fact and conclusions of law to the clerk of court, following a hearing on the matters submitted to the standing master by the order of reference. If a party requests a hearing on a matter submitted to the standing master, the standing master shall hold a hearing. When a hearing is not required, the standing master shall submit findings of fact, conclusions of law, and a proposed order to the clerk of court on the matters submitted to the standing master by the order of reference. The standing master shall file the findings of fact and conclusions of law or order with the clerk of the court and promptly serve copies on all parties in accordance with applicable law. All contested proceedings before the standing master must be audio or video recorded. The standing master shall, at the expense of the district court, file a recording of the proceedings and of the evidence and the original exhibits. The record of the proceedings before the standing master must be made available to the public to the same extent other records of the district court are available to the public. The reasonable cost of the preparation of a duplicate of the recording is the responsibility of the objecting party. The objecting party shall serve a copy of the duplicate recording on adverse parties.

(2) Within 10 days after being served with notice of the filing of the findings of fact and conclusions of law or order, any party may file and serve written specific objections or apply to the district court for an extension. The district court, after a hearing, if requested, may adopt the findings of fact and conclusions of law or order and may modify, reject in whole or in part, receive further evidence, or recommit the matter to the standing master with instructions. If a party seeks to admit further evidence and the request is denied, the party may make an offer of proof with affidavits and additional proposed exhibits.

(3) When the parties stipulate that a standing master's findings of fact are final, only questions of law arising on the findings of fact and conclusions of law may be considered.

History: En. Sec. 4, Ch. 167, L. 1999; amd. Sec. 3, Ch. 604, L. 2023.

Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 2006–2024 · leading case: Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242.
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Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. · cites it 33× “53(c)(2), (e)(1); § 3-5-126(1), MCA. The master’s findings of fact and conclusions of law shall be set forth in a report to the district court.”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. · cites it 31× “Consequently, the objection procedure specified in § 3-5-126, MCA, shall not apply to any uncontested proceeding.”
In re the Marriage of McMichael, 2006 MT 237, 143 P.3d 439. · cites it 16× “” Section 3-5-126(2), MCA (emphasis added).”
Parenting of G.J.A. Minor Child, 2014 MT 215, 331 P.3d 835. · cites it 17× “§ 636 , contains language similar to that in Rule 53(e)(2) and § 3-5-126(2), MCA. It provides in addition, however, that when reviewing a magistrate’s report, “[a] judge of the court shall make a de novo determination of those portions of the report or specified proposed…”
In re the Marriage of Taylor, 2016 MT 342, 386 P.3d 599. · cites it 27× “The court noted that Joseph’s first objection merely restated a portion of one of the Master’s findings. Joseph’s next few objections, the court observed, simply listed the findings to which Joseph objected.”
Jim Galipeau v. PF2 Leasing, LLC, 2021 MT 93, 485 P.3d 188. · cites it 7× “Therefore, Rule 53(e)(2) applies only in those situations, such as appointments of standing masters pursuant to § 3-5-126, MCA, where the appointing court retains the authority to review the determinations made by the master.”
Marriage of Hollamon, 2018 MT 37, 413 P.3d 460. · cites it 2× “This Court dismissed John's appeal because he failed to comply with § 3-5-126(2), MCA, requiring him to first seek review by the District Court.”
Scrantom v. Masters, 2018 MT 109, 417 P.3d 339. · cites it 22× “¶2 Scrantom presents the following issue for review: Did the District Court err by determining Scrantom's objections to the Standing Master's Order lacked specificity under § 3-5-126, MCA ? FACTUAL AND PROCEDURAL BACKGROUND ¶3 In April 2012, the District Court dissolved Scrantom…”
In re the Parenting of S.D. & B.D., 2022 MT 243N. · cites it 5× “” Section 3-5-126(2), MCA, requires that a party object to a standing master’s decision within ten days of service of notice upon the party that findings and conclusions or orders have been filed.”
Parenting of L.D.C., 2022 MT 161, 516 P.3d 631. · cites it 3× “See § 3-5-126(2), MCA; M. R. Civ. P. 53(e)(2).”
In re the Parenting of M.M.K., 2016 MT 81, 369 P.3d 344. · cites it 6× “Section 3-5-126(1), MCA. A party may object to the master’s findings and conclusions and the district court, after hearing, may adopt the master’s report or may modify or reject them in whole or in part; may receive further evidence; or may recommit to the master with further…”
Parenting of E.C.F & E.H.F., No. DA 24-0062 (Mont. Dec. 4, 2024). · cites it 9× “Under § 3-5-126, MCA, a party may not appeal directly to this Court from an order of a standing master.”
Show all 19 citing cases →
Mont. Code Ann. § 3-5-126(1): 3 cases
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. “53(c)(2), (e)(1); § 3-5-126(1), MCA. The master’s findings of fact and conclusions of law shall be set forth in a report to the district court.”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “Consequently, the objection procedure specified in § 3-5-126, MCA, shall not apply to any uncontested proceeding.”
In re the Parenting of M.M.K., 2016 MT 81, 369 P.3d 344. “Section 3-5-126(1), MCA. A party may object to the master’s findings and conclusions and the district court, after hearing, may adopt the master’s report or may modify or reject them in whole or in part; may receive further evidence; or may recommit to the master with further…”
Mont. Code Ann. § 3-5-126(2): 17 cases
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. “53(c)(2), (e)(1); § 3-5-126(1), MCA. The master’s findings of fact and conclusions of law shall be set forth in a report to the district court.”
In re the Marriage of McMichael, 2006 MT 237, 143 P.3d 439. “” Section 3-5-126(2), MCA (emphasis added).”
Marriage of Beals, 2013 MT 120, 300 P.3d 1158. “Consequently, the objection procedure specified in § 3-5-126, MCA, shall not apply to any uncontested proceeding.”
Parenting of G.J.A. Minor Child, 2014 MT 215, 331 P.3d 835. “§ 636 , contains language similar to that in Rule 53(e)(2) and § 3-5-126(2), MCA. It provides in addition, however, that when reviewing a magistrate’s report, “[a] judge of the court shall make a de novo determination of those portions of the report or specified proposed…”
In re the Marriage of Taylor, 2016 MT 342, 386 P.3d 599. “The court noted that Joseph’s first objection merely restated a portion of one of the Master’s findings. Joseph’s next few objections, the court observed, simply listed the findings to which Joseph objected.”
Mont. Code Ann. § 3-5-126(3): 1 case
Marriage of Patton v. Patton, 2015 MT 7, 340 P.3d 1242. “53(c)(2), (e)(1); § 3-5-126(1), MCA. The master’s findings of fact and conclusions of law shall be set forth in a report to the district court.”
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