Montana Code 25-31-102. Transfer to district court — dismissal
25-31-102. Transfer to district court — dismissal. (1) If it appears from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve the question of title or possession to real property or the legality of any tax, impost, assessment, toll, or municipal fine, the justice shall suspend all further proceedings in the action and certify the pleadings and, if any of the pleadings are oral, a transcript of the pleadings from the docket to the clerk of the district court of the county. From the time of the certification of the pleadings or transcript to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in the district court. When the action is certified to the district court, upon the answer of the defendant, the defendant shall file an undertaking, to be approved by the justice, to the effect that the defendant will pay all costs that may be awarded against the defendant on the trial in the district court.
Terms Used In Montana Code 25-31-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)If it appears at any point in the proceedings in a justice’s court that the determination of the action will involve the question of the state‘s liability to make a payment of money, the justice shall sever that issue and dismiss the action as to that issue. If the issue is not severable, the justice shall dismiss the entire action.