Montana Code 3-5-302. Original jurisdiction
3-5-302. Original jurisdiction. (1) The district court has original jurisdiction in:
Terms Used In Montana Code 3-5-302
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probate: Proving a will
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)all criminal cases amounting to felony;
(b)all civil and probate matters;
(c)all cases at law and in equity;
(d)all cases of misdemeanor not otherwise provided for; and
(e)all special actions and proceedings that are not otherwise provided for.
(2)The district court has concurrent original jurisdiction with the justice’s court in the following criminal cases amounting to misdemeanor:
(a)misdemeanors arising at the same time as and out of the same transaction as a felony or misdemeanor offense charged in district court;
(b)misdemeanors resulting from the reduction of a felony or misdemeanor offense charged in the district court; and
(c)misdemeanors resulting from a finding of a lesser included offense in a felony or misdemeanor case tried in district court.
(3)The district court has exclusive original jurisdiction in all civil actions that might result in a judgment against the state for the payment of money.
(4)The district court has the power of naturalization and of issuing papers for naturalization in all cases where it is authorized to do so by the laws of the United States.
(5)The district court and its judges have power to issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective districts. Injunctions and writs of prohibition and habeas corpus may be issued and served on legal holidays and nonjudicial days.