Montana Code Annotated 2023



Part 5. Records in Justices' Courts

Contents Of Docket -- Electronic Filing And Storage Of Court Records

3-10-501. Contents of docket -- electronic filing and storage of court records. (1) Each justice shall keep a book, denominated a "docket", in which the justice shall enter:

(a) the title of each action or proceeding;

(b) the object of the action or proceeding and, if a sum of money is claimed, the amount;

(c) the date of the summons and the time of its return and, if an order to arrest the defendant is made or a writ of attachment is issued, a statement of the fact;

(d) the time when the parties or either of them appear or their nonappearance if default is made; a minute of the pleading and motions, if in writing, referring to them, if not in writing, a concise statement of the material parts of the pleadings;

(e) each adjournment, stating on whose application and to what time;

(f) the demand for a trial by jury, when the demand is made, and by whom made; the order for the jury; and the time appointed for the return of the jury and for the trial;

(g) the names of the jurors who appear and are sworn and the names of all witnesses sworn and at whose request;

(h) the verdict of the jury and when received; if the jury disagree and is discharged, the fact of disagreement and discharge;

(i) the judgment of the court, specifying the costs included and the time when rendered, and an itemized statement of the costs;

(j) the issuing of the execution, when issued, and to whom; the renewals of the execution, if any, and when made; and a statement of any money paid to the justice, when paid, and by whom;

(k) the receipt of a notice of appeal, if any is given, and of the undertaking on appeal, if any is filed.

(2) The justice may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.

History: Secs. 9703-9709, R.C.M. 1921, were en. Secs. 619-624, pp. 166, 167, Bannack Stat.; re-en. Secs. 725-730, pp. 183, 184, Cod. Stat. 1871; re-en. Secs. 785-790, 1st Div. Rev. Stat. 1879; re-en. Secs. 805-810, 1st Div. Comp. Stat. 1887; amd. Secs. 1660-1667, C. Civ. Proc. 1895. This section re-en. Sec. 7070, Rev. C. 1907; re-en. Sec. 9703, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 911; re-en. Sec. 9703, R.C.M. 1935; R.C.M. 1947, 93-7601; amd. Sec. 6, Ch. 174, L. 1995.