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Montana Court Records & Case Lookup
The Montana court system handles well over 43,000 cases annually, most of which are managed by its district courts, and only a fraction of those go to its supreme court. Montana courts see around 10,000 civil cases and over 13,000 criminal cases. They also handle over 10,000 family cases, 5000 cases relating to probate or guardianship matters, and just over 1000 juvenile cases.
According to the Montana Public Records Act and other laws governing court records, most Montana court records are available to the public upon request. however, there are some restrictions.
Montana does not allow the public to view records that are related to minors including child abuse cases, neglect, paternity cases, adoption cases, or commitment cases. Also, records from cases filed under the Youth Court Act such as juvenile and sealed records are not available to the public.
The public can use a variety of methods to obtain court records in Montana. The state offers both paper and electronic records. However, it is important to note that while paper records are available for Supreme Court records, anyone seeking trial court records should use the Montana Public Records Portals.
State of Montana Court System
Montana has at least 208 court locations spread across the state. The Montana Supreme Court is the highest in the state. It is made up of a Chief Justice and six Associate Justices, all of whom are licensed to practice law in Maine and are elected for a term of eight years. Except there are emergency factors or questions of constitutional interpretation with statewide significance that need to be answered, limited types of cases do not start at the Montana Supreme Court.
The Montana Supreme Court is also the state's appellate court - it handles appeals from lesser courts in the state, like the District Court. It decides its cases based on written briefs submitted by the party.
Montana Trial Courts
Montana is divided into 22 judicial districts. Outside of its apex court, the Montana Judiciary has other lower courts like District Courts, Water Court, and Workers' Compensation Court. There are also Courts of Limited Jurisdiction like Justice Courts, City Courts, and Municipal Courts. Montana also has specialty courts like Youth Courts and Treatment.
District Courts in Montana
Montana has 56 District Courts structured into its 22 judicial districts. It is served by 46 District Court Judges. The District Courts in Montana are general jurisdiction courts, which means that they handle diverse types of cases including all felony cases, most civil cases at law and in equity, and all probate cases. They also handle certain special actions and proceedings, naturalization proceedings, and some narrowly defined ballot issues. The District Court also has limited jurisdiction in appeals arising from Courts of Limited Jurisdiction.
Water Court in Montana
Montana Water Court works to facilitate the adjudication of the state's law-based water rights as well as Indian and Federal reserved water rights claims. The Court is manned by a Chief Water Judge and Associate Water Judge appointed by the Chief Justice of the Montana Supreme Court. There is also a Division Water Judge designated for each of Montana's four major water divisions. The Chief Water Judge also appoints Water Masters to assist the water judges.
Justice Courts in Montana
Justice Courts are one of the three types of Courts of Limited Jurisdiction in Montana. There are 61 Justice Courts in the state. Justice Court judges are elected unless appointed to fill a vacant position. Like other Courts of Limited Jurisdiction, Justice Courts handle misdemeanor offenses, civil cases of amounts up to $15,000, landlord/tenant disputes, and whatnot.
City Courts in Montana
There are 84 City Courts in Montana. City Court judges may be appointed or elected, are not required to be attorneys and serve a four-year term. Just like other Courts of Limited Jurisdiction, City Courts handle local ordinances, and protection orders, amongst other cases.
Municipal Courts in Montana
Montana Municipal Courts are Courts of Limited Jurisdiction and handle cases such as small claims cases with amounts up to $7,000, forcible entry and detainer, certain issues involving juveniles, and other cases. Municipal Court judges are typically elected but may be appointed in cases where a replacement is needed for a vacated position. Municipal Court judges are required to be attorneys.
Worker's Compensation Court in Montana
Montana Worker's Compensation Court is an efficient and effective forum for resolving disputes under the Montana Worker's Compensation Act and Occupational Disease Act. The Worker's Compensation judge serves a six-year term and is appointed by the Governor from a list by the Judicial Nomination Commission.
What are the Specialty Courts in Montana?
Montana has some specialty courts that provide specialized services for certain people. This includes the Montana Youth Court and Montana Treatment Court. The Youth Court handles juvenile probation cases. The goal of the Youth Court is to help troubled young people get the help they require to stay out of trouble. The Treatment Courts, also known as the drug courts, handle drug-related cases and lower substance addiction in the state. It also handles adult criminal, DUI offenses, juvenile, veteran, or civil child abuse and neglect cases involving persons who are dependent on alcohol or other drugs. Around 31 drug courts are operating in the state.
Montana State Court Records vs. Federal Court Records
Court records refer to any files, documents, or materials that are generated during court proceedings that are kept for record purposes. Montana court records and federal court records are different mainly in the courts they were generated. Montana court records are generated in any of the courts under the state's judicial system, while federal court records are generated in federal courts operating in the state. Federal courts in or with jurisdiction over Montana include:
- The United States District Court for the District of Montana.
- The U.S. Court of Appeals for the Ninth Circuit.
Montana court records are generated from probate cases, civil cases, naturalization proceedings, various writs, and so on. Federal court records, on the other hand, are files documenting the court cases that involve the resolution of cases involving federal laws. These court cases may include trials involving federal crimes like robbery, sabotage, money laundering, and larceny.
Court records in Montana may be found by visiting the clerk's office of the court where the case was handled. You may also find certain records electronically using the Montana District Court Public Access Portal and the Montana Courts of Limited Jurisdiction Public Access Portal. In contrast, federal court records are accessible through the Public Access to Court Electronic Records (PACER) database.
What Are Public and Non-Public Court Records in Montana?
In Montana, certain court records are open to the public upon request. They may be inspected or obtained physically, note that obtaining physical copies of records may attract a fee. However, some records have been restricted to the public, either by sealing, redacting, or some other way, due to their confidential nature.
| Public Court Records | Non-Public Court Records/Redacted Information |
|---|---|
| Civil case records | Juvenile court records |
| Supreme Court case records | Certain medical records |
| Family cases records | Adoption case records |
| Probate records | Paternity case records |
| Criminal court records | Commitment case records |
How To Seal or Expunge Montana Court Records
According to Montana Code Annotated 46-18-204, it is possible to seal court records in the state. Sealing a record means that the record cannot be accessed by the public unless ordered by a District Court for a good reason. However, such records can be accessed by certain criminal justice agencies. It is also possible to request a Non-conviction removal, which deletes such records from the database and destroys any hard copy information.
Under Title 46, Chapter 18, Part 11, it is also possible to request Montana District Courts to expunge records of misdemeanor offenses. However, certain conditions must be met, such as:
- The person has not been convicted of any other offense in this state, another state, or federal court for 5 years since the person completed all terms of the original sentence for the offense.
- The person is not currently being detained for committing a new offense, has not been charged, or does not have charges pending for a new offense.
- However, the above requirements may be waived if the person has applied to the US military academy or enlisted in the Armed Forces or National Guard or is currently serving in the Armed Forces and is prohibited from enlisting or holding a certain position due to a prior conviction
How To Seal Court Records in Montana
Before requesting that your record be sealed, check the Montana public criminal record history either by visiting CHOPRS or mailing in a request to see if you have a deferred sentence. If you do but the deferred sentence has not been dismissed, you will need to request the court to dismiss your deferred sentence, which is the same thing as sealing the record. The Montana Criminal Records and Identification Services Section (CRISS) is responsible for changing your charge to a deferred/dismissed sentence. You may also request that CRISS remove all non-convictions
How To Expunge Court Records in Montana
To get your record expunged, you can petition the District Court to expunge said record of a misdemeanor offense. Your counsel must notify the prosecution responsible for the conviction, which in turn must attempt to notify any potential victims.
The District Court will decide whether to grant the order. If it does, the petitioner must go to law enforcement to be fingerprinted on a blue applicant's fingerprint card. You will then access the expungement form located on the MT DOJ website (Expungement Form) and send in the fingerprint card, expungement form, and order from the court to CRISS.
CRISS will verify that the petitioner has not used this law for previous expungements and will also verify the individual's identity using the submitted fingerprint card. If the petitioner has not used this law previously and the ID is confirmed, CRISS will remove arrest/conviction data from the CCH. Processing can take up to 30 days.
How Do You Access State of Montana Court Records?
Most Montana court records are available electronically through its public access portals. These include records from Montana District Court and Courts of Limited Jurisdiction, that is, Justice Courts, Municipal Courts, and City Courts. Some court records like Supreme Court records are available in physical formats, however, such records can only be viewed at the Office of the Clerk of the Supreme Court and cannot be taken out of the office except by permission from the Supreme Court.
Online Access to Montana Court Records
Montana operates a new centralized case management system. You can get access to online court records by using the following platforms:
- District Courts Public Access Portal: This portal provides access to court records from all District Courts in Maine.
- Limited Jurisdiction Courts Public Access Portal: This portal provides access to court records from all Justice Courts, Municipal Courts, and City Courts in Maine.
In-Person Access to State of Montana Court Records
Certain court records in Maine are available via in-person access. To get such records, identify the court where the case was handled and send 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.
How To Request Judicial Administrative Records
To get Judicial Administrative records in Montana, send a request to the Supreme Court Clerk's Office. Although people can access the records at the Supreme Court Clerk's Office, they cannot take these records out to review off-site without first seeking authorization from the Supreme Court.
How To Access Older and Archived Court Records in Montana
There may be a need to look at older or archived court records in Montana. To get such records, you may reach out to the Office of the Clerk of Court in the court where the case was handled. You may also contact the Montana Historical Society, which is the state's archives agency.