Montana Code Annotated 2001

MCA ContentsSearchPart Contents


     3-5-401. Terms of court. (1) The district court of each county which is a judicial district by itself has no terms and must always be open for the transaction of business, except on legal holidays and nonjudicial days.
     (2) (a) In each district where two or more counties are united, the judge thereof must fix the term of court in each county in his district and there must be at least four terms a year in each county. Any order of the judge of such district fixing terms of court shall be filed in the office of the clerk of the district court in each county of his district and shall remain in effect until further order of the judge.
     (b) Nothing in this section shall be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the same is necessary.
     (c) The district judge may adjourn a term of district court in one county to a future day certain and in the meantime hold court in another county.

     History: En. Sec. 38, C. Civ. Proc. 1895; amd. Sec. 1, p. 156, L. 1901; re-en. Sec. 6272, Rev. C. 1907; re-en. Sec. 8826, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 73; re-en. Sec. 8826, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1959; R.C.M. 1947, 93-315(part).

Previous SectionHelpNext Section
Provided by Montana Legislative Services