Montana Code Annotated 2023



Part 1. Definition of Districts and Assignment of Judges

Agreement, Petition, And Appointment Of Judge Pro Tempore -- Waiver Of Jury Trial

3-5-115. Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial. (1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. Except as provided in 3-20-102, if the district court judge having jurisdiction over the case where the action was filed finds that the appointment is in the best interest of the parties and serves justice, the district court judge may appoint the judge pro tempore nominated by the parties to preside over the whole action or any aspect of the action as if the regular district court judge were presiding.

(2) Except as provided in 3-20-102, an appointment of a judge pro tempore constitutes a waiver of the right to trial by jury by any party having the right.

(3) The supreme court shall appoint the asbestos claims judge as provided in 3-20-102.

(4) The supreme court shall appoint a judge to determine the expungement or resentencing of marijuana convictions as provided in 16-12-115.

History: En. Sec. 3, Ch. 663, L. 1987; amd. Sec. 7, Ch. 473, L. 2001; amd. Sec. 166, Ch. 61, L. 2007; amd. Sec. 26, Ch. 576, L. 2021.