- Arrest Records
- Judgments
- Bankruptcies
- DUIs & DWIs
- Felonies
- Warrants
- Jail Records
- Lien Records
- Sex Offenses
- Misdemeanors
- Criminal Records
- Federal Dockets
What are Montana Court Records?
Although Montana is the fourth largest state by area, with just 1.1 million residents, it is the ninth least populated state in the United States. Montana's court system is made up of the State Supreme Court and trial courts including Water, District, Justice, Worker's Compensation, City, and Municipal Courts. These handle around 43,000 cases per year, depending on their jurisdiction.
Any official written or recorded documents about a case, including hearings and trials, that may be presented as evidence in court are considered court records. Unless the courts seal them, Montana court records are accessible to the public. A complaint in civil cases or an indictment in criminal cases usually marks the beginning of any court record in the state. These court records often contain the following information:
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.
Types of Court Cases
In Montana, there are two types of court proceedings: criminal and civil. The primary distinction between a criminal and civil case is that the former typically entails jail time or some serious penalty if found guilty, while the latter typically entails monetary reparations for damages. Additionally, both criminal and civil cases require different standards of proof. While a criminal case includes someone being prosecuted by the government, a civil lawsuit involves two or more parties, with one side seeking restitution or a court order against the other.
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.
What Are the Different Courts in Montana?
Montana has a two-tier state court system anchored by the Supreme Court, with District Courts as courts of general jurisdiction and a Water Court, Workers' Compensation Court and locally based Justice, City and Municipal Courts handling specialized or limited matters. The Judicial Branch's 2025 biennium budget is about $121.5 million ($60.4 million in FY24 and $61.0 million in FY25), less than 1% of the total state budget.
| Court Level | Court Name | Jurisdiction | Key Functions |
|---|---|---|---|
| Appellate | Supreme Court | Statewide; seven justices; appeals from District Courts and the specialized courts | Decides appeals, constitutional questions and original proceedings, and supervises the state court system and the practice of law |
| General Jurisdiction | District Courts | 22 judicial districts covering 56 counties; felonies and civil cases of any amount | Handle felonies, general civil, domestic relations, probate, guardianship, juvenile, abuse and neglect and commitment cases, and appeals from limited courts |
| Limited Jurisdiction | Water Court | Statewide; water rights adjudication | Adjudicates existing water rights claims and issues decrees; reviews objections with the help of water masters |
| Limited Jurisdiction | Workers' Compensation Court | Statewide; workers' compensation and occupational disease disputes | Resolves disputes over benefits under the Workers' Compensation and Occupational Disease Acts |
| Limited Jurisdiction | Justice Courts | 65 courts; misdemeanors, civil cases up to $15,000 and small claims up to $7,000 | Handle misdemeanors, traffic violations, civil and small claims cases, orders of protection and initial felony appearances |
| Limited Jurisdiction | City Courts | 89 courts; city ordinances and misdemeanors within city limits | Handle misdemeanors, traffic and ordinance violations, and civil and small claims matters |
| Limited Jurisdiction | Municipal Courts | 13 courts; courts of record in larger cities | Handle misdemeanors, traffic and ordinance violations, and civil matters with attorney judges |
How Many Federal Courts Are In Montana?
Montana is home to one federal court known as the United States District Court for the District of Montana. The court is made up of three Article III judges, one senior judge, three magistrate judges, one bankruptcy judge, and 130 staff members who work in the district court, bankruptcy court, and probation office. It is divided into five geographical divisions. The current Chief Judge is Brian Morris, who was originally appointed by President Barack Obama in 2013.
The U.S. Court of Appeals for the 9th Circuit handles appeals from this court.
How Many Court Cases Are Filed Each Year in Montana?
Montana's District, Justice, City and Municipal Courts together received about 273,000 new filings in 2024, nearly half of them traffic cases. District Courts cleared 100% of their 44,243 measured new cases in 2024, and clearance rates for limited courts are estimated.
| Case Type | Annual Filings | % of Total | Common Offense/Subtype | Clearance Rate |
|---|---|---|---|---|
| Traffic | 125,637 | 46.0% | Speeding, stop sign and other moving violations, DUI-related charges and equipment violations | ~100% |
| Criminal | 73,955 | 27.1% | Felonies in District Courts; misdemeanors, DUI and local ordinance violations in limited courts | ~99% |
| Civil | 43,997 | 16.1% | Contract and property disputes, collections, landlord-tenant and other general civil cases | ~104% |
| Small Claims | 677 | 0.2% | Money claims of up to $7,000 filed in Justice Courts | ~100% |
| Domestic Relations | 9,377 | 3.4% | Dissolution, parenting plans, child support and paternity | 100% |
| Juvenile | 1,111 | 0.4% | Youth Court delinquency and status offense petitions | 102% |
| Other | 18,301 | 6.7% | Search warrants, probate, protective orders, guardianship, abuse and neglect, commitment and adoption | ~96% |
| Total | 273,055 | 100% | — | ~100% |
How Do I Look Up Court Cases in Montana?
Although some court records, such as Supreme Court records, are available, they can only be viewed at the Office of the Clerk of the Supreme Court and cannot be removed without permission from the Supreme Court. The majority of Montana court records, including those from Montana District Court and Courts of Limited Jurisdiction, such as Justice Courts, Municipal Courts, and City Courts, are accessible electronically through the state's public access portals.
You may access these records in person by identifying the court where the case was handled and sending a request to that clerk of court to get access to the desired record. You may need to provide details about the record you are seeking.
You can get access to online court records by using the District Courts Public Access Portal. This portal provides access to court records from all District Courts in Montana. You may use the Limited Jurisdiction Courts Public Access Portal to access court records from all Justice Courts, Municipal Courts, and City Courts in Montana.
Number of Active Judges — State & Federal
Montana's state courts have 173 active judges across the Supreme Court, specialized courts, District Courts and limited jurisdiction courts, and the federal District of Montana has three active district judges. Counts reflect sitting judges as reported in 2025 for state courts and 2026 for federal courts.
| Court | Jurisdiction | Active Judges | Selection Method |
|---|---|---|---|
| Supreme Court | Appellate | 7 | Nonpartisan statewide election to eight-year terms; vacancies filled by gubernatorial appointment |
| District Courts | General | 51 | Nonpartisan election to six-year terms; vacancies filled by gubernatorial appointment |
| Water Court | Water rights | 2 | Appointed by the Chief Justice; Chief Water Judge confirmed by the Senate |
| Workers' Compensation Court | Workers' compensation | 1 | Appointed by the Governor and confirmed by the Senate |
| Justice, City and Municipal Courts | Limited | 112 | Elected by local voters; some city judges are appointed |
| U.S. District Court, District of Montana | Federal | 3 | Nominated by the President and confirmed by the U.S. Senate |
| Total Active Judges | — | 176 | — |
What Court Records Are Not Available to the Public in Montana?
While many of Montana's court records are available to the public, certain court records, such as Juvenile court records, certain medical records, adoption cases, paternity cases, and commitment cases are not available to the public.
Records that have been sealed or expunged, records that are protected by court order, and confidential records like financial information and social security numbers are likewise off limits to the general public.
Additionally, a judge can be asked to seal some court participants' records. However, these participants must provide valid reasons, such as concerns for their security or with the view of hiding their financial information.
Average Case Processing Time & Clearance Rates
Processing times in Montana vary widely by case type, from days for traffic matters to a year or more for contested civil cases, and District Court data show most cases resolved within statewide timeframes. Figures marked approximate are estimates based on published on-time processing rates and national benchmarks.
| Case Type | Court Level | Average Processing Time | Description | Clearance Rate |
|---|---|---|---|---|
| Traffic & Parking | Limited Jurisdiction | ~15–60 days | Most are resolved by payment of a fine or forfeiture, with contested cases set for a bench or jury trial in Justice or City Court | ~100% |
| Small Claims | Limited Jurisdiction | ~2–4 months | Filed in Justice Court, served and heard in an informal hearing, usually without attorneys | ~100% |
| Misdemeanor Criminal | Limited Jurisdiction | ~3–6 months | Initial appearance, plea negotiations and sentencing, with a minority going to trial in Justice, City or Municipal Court | ~99% |
| Civil Cases | General Jurisdiction | ~9–15 months | Pleadings, discovery, motions and settlement or trial in District Court; about 84% of cases close within two years | 104% |
| Domestic Relations | General Jurisdiction | ~4–9 months | Dissolution and parenting cases usually resolve by agreement or default; contested matters need hearings or trial | 100% |
| Felony Criminal | General Jurisdiction | ~5–9 months | Charging, arraignment, plea negotiations and sentencing in District Court; about 82% of cases close within 270 days | 99% |