Montana Code > Title 3 > Chapter 5 – District Courts

		Sections
Part 1	Definition of Districts and Assignment of Judges	§ 3-5-101 – § 3-5-127
Part 2	District Court Judges	§ 3-5-201 – § 3-5-216
Part 3	District Court Jurisdiction	§ 3-5-301 – § 3-5-313
Part 4	Terms and Location of District Courts	§ 3-5-401 – § 3-5-407
Part 5	Clerk of the District Court	§ 3-5-501 – § 3-5-516
Part 6	Court Reporters	§ 3-5-601 – § 3-5-612
Part 9	State Funding for District Courts	§ 3-5-901 – § 3-5-904

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Terms Used In Montana Code > Title 3 > Chapter 5 - District Courts

Acquired entity: means the domestic or foreign corporation or eligible entity that will have all of one or more classes or series of its shares or eligible interests acquired in a share exchange. See Montana Code 35-14-1101
Acquiring entity: means the domestic or foreign corporation or eligible entity that will acquire all of one or more classes or series of shares or eligible interests of the acquired entity in a share exchange. See Montana Code 35-14-1101
Action with taking or damaging implications: means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. See Montana Code 2-10-103
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annual performance report: means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures. See Montana Code 2-12-103
Annual plan: means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations. See Montana Code 2-12-103
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appointment of agent: means a statement appointing an agent for service of process filed by:

(a)a domestic or foreign unincorporated nonprofit association; or

(b)a domestic entity that is not a filing entity or a nonqualified foreign entity under 35-7-112. See Montana Code 35-7-102
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Articles of organization: means articles filed pursuant to 35-8-201 and those articles as amended or restated. See Montana Code 35-8-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
At-will company: means a limited liability company other than a term company. See Montana Code 35-8-102
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorized agent: means any individual granted permission by an entity to execute a document on behalf of the entity. See Montana Code 35-8-102
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Business: includes every trade, occupation, profession, or other lawful purpose, whether or not carried on for profit. See Montana Code 35-8-102
business trust: means an unincorporated association or trust of the type which at common law was known as a "business trust" or "Massachusetts trust" created by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as are or may become the holders of transferable certificates evidencing beneficial interests in the trust estate. See Montana Code 35-5-101
Chambers: A judge's office.
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Commercial registered agent: means an individual or a domestic or foreign entity listed under 35-7-106. See Montana Code 35-7-102
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Constituent limited partnership: means a constituent organization that is a limited partnership. See Montana Code 35-12-1501
Constituent organization: means an organization that is party to a merger. See Montana Code 35-12-1501
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conversion: means a transaction pursuant to 35-14-930 through 35-14-935. See Montana Code 35-14-901
Converted entity: means the converting entity as it continues in existence after a conversion. See Montana Code 35-14-901
Converted organization: means the organization into which a converting organization converts pursuant to 35-12-1502 through 35-12-1505. See Montana Code 35-12-1501
Converting entity: means the domestic corporation or eligible entity that approves a plan of conversion pursuant to 35-14-932 or the foreign eligible entity that approves a conversion pursuant to the organic law of the eligible entity. See Montana Code 35-14-901
Converting limited partnership: means a converting organization that is a limited partnership. See Montana Code 35-12-1501
Converting organization: means an organization that converts into another organization pursuant to 35-12-1502. See Montana Code 35-12-1501
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means a corporation formed under the laws of this state or a foreign corporation. See Montana Code 35-8-102
corporation: means both a domestic corporation and a registered foreign corporation. See Montana Code 35-14-501
Court: includes every court having jurisdiction in the case. See Montana Code 35-8-102
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Customary: means according to usage. See Montana Code 1-1-206
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Data: means any information stored on information technology resources. See Montana Code 2-15-102
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means a principal functional and administrative entity that:

(a)is created by this chapter within the executive branch of state government;

(b)is one of the 20 principal departments permitted under the constitution; and

(c)includes its units. See Montana Code 2-15-102
Department: means each entity listed in 2-15-104(1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction. See Montana Code 2-12-103
Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disqualified person: means any person or entity that for any reason is or becomes ineligible under this chapter to become a member in a professional limited liability company. See Montana Code 35-8-102
Distribution: means a transfer of money, property, or other benefit to a member in that member's capacity as a member of a limited liability company or to a transferee of a member's distributional interest. See Montana Code 35-8-102
Distributional interest: means all of a member's interest in the distributions of a limited liability company. See Montana Code 35-8-102
Docket: A log containing brief entries of court proceedings.
Domestic entity: means an entity whose internal affairs are governed by the law of this state. See Montana Code 35-7-102
domestic limited liability company: means an organization that is formed under this chapter. See Montana Code 35-8-102
Domesticated corporation: means the domesticating corporation as it continues in existence after a domestication. See Montana Code 35-14-901
Domesticating corporation: means the domestic corporation that approves a plan of domestication pursuant to 35-14-921 or the foreign corporation that approves a domestication pursuant to the organic law of the foreign corporation. See Montana Code 35-14-901
Domestication: means a transaction pursuant to 35-14-920 through 35-14-924. See Montana Code 35-14-901
enactment date: means the earliest date on which the laws of this state authorized a transaction having the effect of a domestication or a conversion, as applicable. See Montana Code 35-14-901
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:

(a)an individual;

(b)a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust;

(c)an association or relationship that is not a partnership by reason of 35-10-202(3) or a similar provision of the law of any other jurisdiction;

(d)a decedent's estate; or

(e)a public corporation, government, governmental subdivision, agency, instrumentality, or quasi-governmental instrumentality. See Montana Code 35-7-102
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
Executor: A male person named in a will to carry out the decedent
Fiduciary: A trustee, executor, or administrator.
Filing entity: means an entity that is created by the filing of a public organic document. See Montana Code 35-7-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign entity: means an entity other than a domestic entity. See Montana Code 35-7-102
Foreign limited liability company: means an entity that is:

(a)an unincorporated entity;

(b)organized under a law other than the law of this state, including the laws of a federally recognized Indian tribe;

(c)organized under a statute pursuant to which an entity may be formed that affords to each of its members limited liability with respect to the liabilities of the entity; and

(d)not required to be registered or organized under any statute of this state other than this chapter. See Montana Code 35-8-102
Foreign limited partnership: means a limited partnership formed under a law other than the law of this state, including the laws of a federally recognized Indian tribe. See Montana Code 35-8-102
Foreign professional limited liability company: means a limited liability company organized for the purpose of rendering professional services under a law other than the law of this state, including the laws of a federally recognized Indian tribe. See Montana Code 35-8-102
Foreign qualification document: means an application for a certificate of authority or other foreign qualification filing with the secretary of state by a foreign entity. See Montana Code 35-7-102
Fraud: Intentional deception resulting in injury to another.
Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
General partner: means a partner in a partnership and a general partner in a limited partnership. See Montana Code 35-8-1205
General partner: means a general partner of a limited partnership. See Montana Code 35-12-1501
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee, or proxy, to:

(a)receive or demand access to information concerning or to the books and records of the entity;

(b)vote for the election of the governors of the entity; or

(c)receive notice of or vote on any or all issues involving the internal affairs of the entity. See Montana Code 35-7-102
Government act: means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity. See Montana Code 2-11-103
Government entity: means the state and political subdivisions, including but not limited to:

(a)political subdivisions as defined in 2-9-101(5);

(b)the legislature, legislative committees, and legislators acting in their official capacity; and

(c)employees of the state or a political subdivision. See Montana Code 2-9-901
Government entity: means a state agency or a local government unit. See Montana Code 2-11-103
Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Montana Code 35-7-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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.
Health care provider: means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 2-9-901
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Information technology resources: means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data. See Montana Code 2-15-102
Initiative: means a specific goal, objective, or target related to a performance measure that is adopted by a department. See Montana Code 2-12-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Inter vivos: Transfer of property from one living person to another living person.
Interest: means :

(a)a governance interest in an unincorporated entity;

(b)a transferable interest in an unincorporated entity; or

(c)a share or membership in a corporation. See Montana Code 35-7-102
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
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.
Juror: A person who is on the jury.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensing authority: means an officer, board, agency, court, or other authority in this state that has the power to issue a license or other legal authorization to render a professional service. See Montana Code 35-8-102
Lien: A claim against real or personal property in satisfaction of a debt.
Limited partner: means a limited partner in a limited partnership. See Montana Code 35-8-1205
Limited partnership: means a limited partnership formed under the laws of this state or a foreign limited partnership. See Montana Code 35-8-102
Limited partnership: means a limited partnership formed under the laws of this state or comparable law of another jurisdiction. See Montana Code 35-8-1205
Lineal descendant: Direct descendant of the same ancestors.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local government unit: means a city, county, town, unincorporated municipality or village, or special taxing unit or district and any commission, board, bureau, or other office of the unit. See Montana Code 2-11-103
Manager: means a person who, whether or not a member of a manager-managed company, is vested with authority under 35-8-301. See Montana Code 35-8-102
Manager-managed company: means a limited liability company that is so designated in its articles of organization. See Montana Code 35-8-102
Member: means a person who has been admitted to membership in a limited liability company, as provided in 35-8-703, and who has not dissociated from the limited liability company. See Montana Code 35-8-102
Member-managed company: means a limited liability company other than a manager-managed company. See Montana Code 35-8-102
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
New interest holder liability: means interest holder liability of a person resulting from a merger or share exchange that is:

(a)with respect to an entity that is different from the entity in which the person held shares or eligible interests immediately before the merger or share exchange became effective; or

(b)with respect to the same entity as the one in which the person held shares or eligible interests immediately before the merger or share exchange became effective if:

(i)the person did not have interest holder liability immediately before the merger or share exchange became effective; or

(ii)the person had interest holder liability immediately before the merger or share exchange became effective, the terms and conditions of which were changed when the merger or share exchange became effective. See Montana Code 35-14-1101
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Noncommercial registered agent: means a person that is not listed as a commercial registered agent under 35-7-106 and that is an individual or a domestic or foreign entity that serves in this state as the agent for service of process of an entity. See Montana Code 35-7-102
Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this state pursuant to a filing with the secretary of state. See Montana Code 35-7-102
Oath: A promise to tell the truth.
Oath: includes an affirmation or declaration. See Montana Code 1-1-201
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Operating agreement: means an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company and the relations among the members, managers, and the company that is binding upon all of the members. See Montana Code 35-8-102
Oral examination: means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal. See Montana Code 1-1-202
Organic law: means the statutes, if any, other than this chapter, governing the internal affairs of an entity. See Montana Code 35-7-102
Organic rules: means the public organic document and private organic rules of an entity. See Montana Code 35-7-102
Organization: means a general partnership, including a limited liability partnership; a limited partnership, including a limited liability limited partnership; a limited liability company; a business trust; a corporation; or any other person having a governing statute. See Montana Code 35-12-1501
Organizational document: means :

(a)for a domestic or foreign general partnership, its partnership agreement;

(b)for a limited partnership or foreign limited partnership, its certificate of limited partnership and partnership agreement;

(c)for a domestic or foreign limited liability company, its articles of organization and operating agreement or comparable records as provided in its governing statute;

(d)for a business trust, its agreement of trust and declaration of trust;

(e)for a domestic or foreign corporation for profit, its articles of incorporation, bylaws, and other agreements among its shareholders that are authorized by its governing statute or comparable records as provided in its governing statute; and

(f)for any other organization, the basic records that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Montana Code 35-12-1501
Outcomes: means a quantification of the public benefit for Montanans derived from actions by a department. See Montana Code 2-12-103
Outputs: means a quantification of the number of services that a department produces for Montanans. See Montana Code 2-12-103
Oversight: Committee review of the activities of a Federal agency or program.
Partner: means a general partner or a limited partner. See Montana Code 35-8-1205
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Partnership: means a general partnership formed under the laws of this state or comparable law of another jurisdiction. See Montana Code 35-8-1205
Partnership agreement: means an agreement among the partners of a partnership or a limited partnership. See Montana Code 35-8-1205
Party to a merger: means any domestic or foreign corporation or eligible entity that will merge under a plan of merger but does not include a survivor created by the merger. See Montana Code 35-14-1101
Performance measure: means a metric or measurement that is designed to help guide government by assessing what a department aspires to achieve pursuant to its annual plan with respect to the outcomes and outputs of its programs. See Montana Code 2-12-103
Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Montana Code 35-7-102
Person: means an individual, a general partnership, a limited partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation, or any other legal or commercial entity. See Montana Code 35-8-102
Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Personal liability: means personal liability for a debt, liability, or other obligation of an organization that is imposed on a person that co-owns, has an interest in, or is a member of the organization:

(a)by the organization's governing statute solely by reason of the person co-owning, having an interest in, or being a member of the organization; or

(b)by the organization's organizational documents under a provision of the organization's governing statute authorizing those documents to make one or more specified persons liable for all or specified debts, liabilities, and other obligations of the organization solely by reason of the person or persons co-owning, having an interest in, or being a member of the organization. See Montana Code 35-12-1501
Personal property: All property that is not real property.
Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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.
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Professional limited liability company: means a limited liability company designating itself as a professional limited liability company in its articles of organization. See Montana Code 35-8-102
Professional service: means a service that may lawfully be rendered only by persons licensed under a licensing law of this state and that may not be lawfully rendered by a limited liability company that is not a professional limited liability company. See Montana Code 35-8-102
Property: means real and personal property. See Montana Code 1-1-205
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protected agreement: means :

(a)a document evidencing indebtedness of a domestic corporation or eligible entity and any related agreement in effect immediately before the enactment date;

(b)an agreement that is binding on a domestic corporation or eligible entity immediately before the enactment date;

(c)the articles of incorporation or bylaws of a domestic corporation or the organic rules of a domestic eligible entity, in each case in effect immediately before the enactment date; or

(d)an agreement that is binding on any of the shareholders, members, interest holders, directors, or other governors of a domestic corporation or eligible entity, in their official capacities, immediately before the enactment date. See Montana Code 35-14-901
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public health guidance: includes guidance related to covid-19 issued by the following:

(a)the centers for disease control and prevention of the United States department of health and human services;

(b)the centers for medicare and medicaid services of the United States department of health and human services;

(c)the federal occupational safety and health administration;

(d)the office of the governor;

(e)a state agency, including the Montana department of public health and human services; or

(f)a local government, including a local government health department or local government board of health. See Montana Code 2-9-901
Public organic document: means the public record that when filed creates an entity and any amendment to or restatement of that record. See Montana Code 35-7-102
Qualified foreign entity: means a foreign entity that is authorized to transact business in this state pursuant to a filing with the secretary of state. See Montana Code 35-7-102
Quasi-judicial function: means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. See Montana Code 2-15-102
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 35-7-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is recoverable in a perceivable form. See Montana Code 35-8-102
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Registered agent: means a commercial registered agent or a noncommercial registered agent. See Montana Code 35-7-102
Registered agent filing: means :

(a)the public organic document of a domestic filing entity;

(b)a nonresident LLP statement;

(c)a foreign qualification document; or

(d)an appointment of agent. See Montana Code 35-7-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Represented entity: means :

(a)a domestic filing entity;

(b)a domestic or qualified foreign limited liability partnership that does not have an office in this state;

(c)a qualified foreign entity;

(d)a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed;

(e)a domestic entity that is not a filing entity for which an appointment of agent has been filed; or

(f)a nonqualified foreign entity for which an appointment of agent has been filed. See Montana Code 35-7-102
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Rule: has the meaning provided in 2-4-102. See Montana Code 2-11-103
Series of members: means a group or collection of members of a limited liability company who share interests and have separate rights, powers, or duties with respect to property, obligations, or profits and losses associated with property or obligations and who are specified in the articles of organization or operating agreement of the limited liability company or are specified by one or more members or managers of the limited liability company or other persons as provided in the articles of organization or operating agreement. See Montana Code 35-8-102
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Several: means two or more. See Montana Code 1-1-201
Sign: means to identify a record by means of a signature, mark, or other symbol with the intent to authenticate it. See Montana Code 35-8-102
State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Montana Code 35-8-102
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
State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
State agency: has the meaning provided in 2-4-102(2)(a). See Montana Code 2-11-103
statement: means the statement required by 2-11-104. See Montana Code 2-11-103
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
Summons: Another word for subpoena used by the criminal justice system.
Surviving limited liability company: means the constituent entity surviving the merger, as identified in the articles of merger provided for in 35-8-1201. See Montana Code 35-8-102
Surviving organization: means an organization into which one or more other organizations are merged. See Montana Code 35-12-1501
Taking or damaging: means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution. See Montana Code 2-10-103
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Term company: means a limited liability company designated as a term company in its articles of organization. See Montana Code 35-8-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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.
Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Montana Code 35-7-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
Usual: means according to usage. See Montana Code 1-1-206
Venue: The geographical location in which a case is tried.
Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
Writing: includes printing. See Montana Code 1-1-203