What are Montana Court Records?

Briefs

These are written legal arguments submitted to a court to assist it in deciding the legal problems brought up by the case.

Court rulings and orders

Court orders are the rulings made by judges on motions, and a judgment is the court's conclusion, which includes the winner and any related penalties.

Pleadings

These are written documents that a lawyer submits before the court. It includes the claims and denials of the claims of the other side.

Evidence

These are crucial information and objects that any side may use to support their position in court, whether digital or physical.

Transcripts

These documents define precisely what was said and by whom, either in real-time by a transcriber or through an electronic recording of the events.

Court minutes

The court clerk or another appointed individual keeps the court minutes, which provide a detailed account of the proceedings of a trial, hearing, or other legal action. It serves as a formal record of all the events that take place throughout the procedure.

Case documents

These are a group of records about a specific legal issue, some of which may contain case evidence.

Dockets

An ongoing record of the people and things that happen during a court case. Beginning with the first complaint and concluding with the final judge's order, it contains all court-submitted documents in a numbered order.

Motion

A motion is an application that is filed with the court by either the defense or the prosecution, requesting that the court decide on a specific issue before a trial begins.

Civil Cases

Resolving disputes between citizens is the aim of civil litigation. One of the primary characteristics of civil trials is the lack of jail terms or other grave rights breaches. As a result, the burden of proof, the quantity of evidence needed to substantiate a claim, is far lower than in criminal proceedings.

A civil case's burden of proof is the "preponderance of the evidence". This suggests that the jury or judge would favor the party with the best evidence. A unanimous verdict, which is reached when all jurors concur on the verdict and the case's outcome, is not necessary for a civil judgment.

The purpose of civil rulings is to provide the winner with relief, compensation for damages, or a sense of justice, especially when a criminal prosecution has failed. Reimbursing parties, stopping particular behaviors, or addressing the underlying cause of the conflict are some examples of penalties. Moreover, in a civil case, there is no legal entitlement to counsel. Civil parties must appear in court pro se (representing themselves) or hire their lawyers.

Criminal Cases

The state charges criminals who are suspected of committing crimes. The main objectives of a criminal case are to remove or rehabilitate offenders from society and to discourage future criminal activity.

On behalf of the State, the case against the defendant is often brought by the local district attorney's office. Defendants are entitled to a jury of their peers in criminal proceedings. Each juror is questioned to eliminate any potential bias before the jury is selected by the court from a random sample of the district's residents. Additionally, defendants may choose a bench trial over a jury trial.

Jurors in criminal cases are required to vote unanimously, in contrast to juries in civil trials. This suggests that they must all agree on the outcome and verdict of the legal matter. The reason for this necessity is the far higher possible consequences in a criminal case. Therefore, jurors need to be positive that the prisoner is "guilty beyond a reasonable doubt". Probation, jail time, another type of supervised release, or all of these could be the punishment if proven guilty.

If a fine is assessed, the State receives the funds instead of the injured party. However, in some circumstances, the judge may mandate that the perpetrator reimburse the victim for any harm the offense may have caused.

Montana Supreme Court

The Montana Supreme Court is composed of seven judges; a Chief Justice and six Associate Justices. All Justices are elected, have eight-year terms, and must be licensed to practice law in Montana. The current head of the Supreme Court is Chief Justice Mike McGrath.

The Montana Supreme Court is an appellate court, meaning that it hears cases from Montana's district courts. The court only considers procedural aspects of appeals; it does not conduct fact-finding, so there are no juries or witnesses; only two attorneys, one for each side, argue the case. The Montana Supreme Court has the authority to order a lower court to take action.

There are certain categories of cases where the Montana Supreme Court has original jurisdiction, meaning that the case begins there. According to Montana Supreme Court regulations, an original proceeding may be brought before the court in cases involving emergencies or constitutional interpretation issues of statewide significance.

Montana Water Court

The Water Court is manned by a Chief Water Judge and an Associate Water Judge, appointed by the Supreme Court judge. The current Chief Water Judge is Stephen R. Brown. In addition to other Tribal and Federal reserved water rights claims, the Water Court adjudicates more than 240,000 state law-based water rights throughout the whole state.

In Montana, the Water Court is solely responsible for deciding cases involving water rights. There is also a Division Water Judge assigned for each of Montana's four major water divisions. The Chief Water Judge also appoints Water Masters to assist the water judges.

Montana District Court

The District Courts in Montana are general jurisdiction courts, meaning that they handle a variety of cases, including all felony cases, most civil cases at law and in equity, all probate cases, certain special actions and proceedings, naturalization proceedings, and some narrowly defined ballot issues. The District Courts in Montana are organized into 22 judicial districts and are served by 46 District Court Judges. Additionally, the District Court has limited jurisdiction in appeals arising from Courts of Limited Jurisdiction.

Montana Worker's Compensation Court

The Governor appoints the Worker's Compensation judge, who is chosen from a list by the Judicial Nomination Commission, to a six-year term in the Montana Worker's Compensation Court. This court is a productive and efficient forum for resolving disputes under the Montana Worker's Compensation Act and Occupational Disease Act.

Montana Justice Court

The 61 Justice Courts in Montana are one of the three types of Courts of Limited Jurisdiction. Judges of the Justice Courts are elected unless they are appointed to fill a vacancy. Justice Courts, like other Courts of Limited Jurisdiction, deal with misdemeanor offenses, civil cases up to $15,000, landlord/tenant disputes, and other matters.

Montana City Court

Montana has eighty-four City Courts. Judges of the City Court are elected or appointed, have a four-year tenure, and are not required to be attorneys. City courts, like other courts with limited jurisdiction, deal with a variety of situations, including protection orders and local legislation.

Montana Municipal Court

Montana Municipal Courts are Courts of Limited Jurisdiction that deal with cases like small claims cases up to $7,000, forcible entry and detainer, some juvenile issues, and other cases. Municipal Court judges are required to be attorneys and are usually elected, though they may be appointed when a vacancy needs to be filled.