Montana Code Annotated 1997

MCA ContentsSearchPart Contents


     3-5-302. Original jurisdiction. (1) Except as provided in subsection (6), the district court has original jurisdiction in:
     (a) all criminal cases amounting to felony;
     (b) all civil and probate matters;
     (c) all cases at law and in equity;
     (d) all cases of misdemeanor not otherwise provided for; and
     (e) all such special actions and proceedings as are not otherwise provided for.
     (2) The district court has concurrent original jurisdiction with the justice's court in the following criminal cases amounting to misdemeanor:
     (a) misdemeanors arising at the same time as and out of the same transaction as a felony or misdemeanor offense charged in district court;
     (b) misdemeanors resulting from the reduction of a felony or misdemeanor offense charged in the district court; and
     (c) misdemeanors resulting from a finding of a lesser included offense in a felony or misdemeanor case tried in district court.
     (3) The district court has exclusive original jurisdiction in all civil actions that might result in a judgment against the state for the payment of money.
     (4) The district court has the power of naturalization and of issuing papers therefor in all cases where it is authorized to do so by the laws of the United States.
     (5) The district court and its judges have power to issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective districts. Injunctions and writs of prohibition and habeas corpus may be issued and served on legal holidays and nonjudicial days.
     (6) (a) Except as provided in subsection (6)(b), a contest of a ballot issue submitted by initiative or referendum may be brought prior to the election only if it is filed within 30 days after the date on which the issue was certified to the governor, as provided in 13-27-308, and only for the following causes:
     (i) violation of the law relating to qualifications for inclusion on the ballot;
     (ii) constitutional defect in the substance of a proposed ballot issue; or
     (iii) illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures.
     (b) A contest of a ballot issue based on subsection (6)(a)(i) or (6)(a)(iii) may be brought at any time after discovery of illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures.
     (c) Nothing in subsection (6) limits the right to challenge a measure enacted by a vote of the people.

     History: En. Sec. 41, C. Civ. Proc. 1895; re-en. Sec. 6275, Rev. C. 1907; re-en. Sec. 8829, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 76; re-en. Sec. 8829, R.C.M. 1935; amd. Sec. 1, Ch. 11, L. 1973; R.C.M. 1947, 93-318; amd. Sec. 1, Ch. 409, L. 1979; amd. Sec. 1, Ch. 594, L. 1981; amd. Sec. 1, Ch. 441, L. 1985; amd. Sec. 2, Ch. 540, L. 1987.

Previous SectionHelpNext Section
Provided by Montana Legislative Services