Montana Court Case Lookup

In Montana, a court case is a legal procedure that settles disputes between parties (organizations, people, or agencies) brought before a court of law. A court resolves this dispute after listening to and reviewing pieces of evidence and arguments provided by each party. This is known as the adversarial process. After hearing arguments from all sides, the court decides what punishment is suitable by weighing the evidence and applying the law and the constitution to its findings. Montana court cases include civil, criminal, or specialty matters heard in the state courts. These courts are divided into trial and appellate courts.

Interested persons can look up information about civil and criminal cases filed in a Montana court in person, online, or by submitting a request. To look up a court case in person, interested parties must visit the courthouse where the case was filed. At the courthouse, interested parties have two options: they can conduct their research using public terminals or pay the assigned clerk for assistance. individuals who wish to look up court case information online can use the Montana public access portals.

Lastly, record seekers can mail a written request for court case information to the clerk’s office of the courthouse where the case was filed. The written request must contain details about the court case the requester wants to look up. These details can include the name of a party involved in the case or the case number. These details would make it easier for the court clerk to locate the desired court case and more quickly provide the information to the requesters.

Are Court Cases Public Record in Montana?

Yes, court cases are public records per the Montana public records Act. As a result, interested persons can request access to court case records such as filings and judgments from a courthouse clerk's office. In some cases, records are sealed from public access by federal statutes, state statutes, or pursuant to a court order. For example, court case records containing sensitive information, such as cases involving minors, containing financial data, and court personnel information, are generally inaccessible by the general public.

Can I Get Montana Court Case Documents Online?

Yes, the Montana Public Access Portals allow interested parties to view and obtain court case documents online. However, court case documents available on the Montana online portals are not official courts document but non-confidential documents. The public outlets will be available to access during the established hours by the court.

However, under the Rules for Access to the Trial Court Public Record Portal, remote access to certain court records through the Montana Public Access Portal is prohibited. These include cases specifically sealed by statute, including but not limited to child abuse and neglect cases, adoption cases, and cases filed under youth court acts. However, the general public may be allowed access to sealed documents at the court where the case was filed. Nonetheless, court records that have been redacted or purged in line with a state or federal statute are generally inaccessible to the public.

How to Conduct a Montana Court Case Search by Name

Interested persons can remotely conduct a court case search by name using the Supreme Court Public View Docket Search portal. Requesters can conduct a search on this portal by providing details like the case number, the names of the parties, or the attorney's name. Using this site is a simple way to search for both open and closed cases in court, provided the records being searched are not sealed. As the name implies, the portal mentioned above can only be used to find information on Supreme Court cases.

For other types of court cases, inquirers would need to query the clerk’s office of the courthouse directly to conduct a court case search by name. Inquirers who are currently in Montana can also opt to visit the courthouse in person to use public terminals they provide to conduct a search.

What is a Court Case Number?

The clerk's office of the courthouse where a case is filed assigns each court case a special identifying number known as a case number. This case number is found on legal documents related to the case, and it is a quick and unique reference to specific civil and criminal cases. A court case number typically contains information on the year the case was filed, the case filing courthouse, and the judicial officer(s) assigned to the case. A case number comprises special characters, numbers, and letters. Depending on the type of court and the state where the case was filed, a different format is utilized to assign case numbers to court cases. A case number acts as a reference tool, making it easy for a court to find case files and for members of the public to get case information and documents on specific cases.

How to Conduct a Case Number Search in Montana

In Montana, interested parties can look up a case number by going to the courthouse where the case was filed to use the public terminals. The requester must have the appropriate case number to obtain case information and documents through these public terminals. In the event that the case number is unknown, the name of any of the case’s parties can suffice.

Alternatively, some Montana courts provide a search portal or case management system on their court website that inquirers can use to remotely conduct a case number search. For instance, an inquirer can visit the state’s Supreme Court docket search page to perform a case number search for Supreme Court cases.

A case number search can also be performed by mail for people who cannot visit the court in person or use the online service. While a case search is free both online and in person at the court, mail requesters frequently have to pay a research fee as well as any required copy expenses.

Montana Court Records Lookup

In Montana, a person may look up or obtain court records by visiting the courthouse where the case was filed or by mailing a written request to the court. Interested persons may view court records at the courthouse for free through the courthouse’s public terminal. However, there may be a fee if the requester wants copies of the record or asks the court staff to search for court records on their behalf.

On the other hand, requesters who mail in a court record lookup request are usually required to pay research and copy fees. These fees generally vary depending on the record type and the specific court handling the case. The standard charges for obtaining court records for Montana Supreme Court cases are as follows.

$10.00 for each search conducted by the clerk
$2.00 per document for each certification a document
$0.50 per page for each copy of a document

Although Montana courts maintain court records in physical or electronic formats, they do not offer online access to official court records. Hence, to look up official court records, record seekers must visit the courthouse where the case was filed or request copies of the desired record via written mail-in request.

How to Remove Court Cases From Public Record in Montana

In Montana, court cases are generally a matter of public record and are available to the public. However, there are certain circumstances where it may be possible to have a court case removed from public records. The following are some methods that interested parties can utilize to have a court case removed from public records:

Expungement: Some criminal convictions may be expunged or sealed from public records in Montana. However, this option is generally only available for certain types of offenses and typically requires that the offender completes a waiting period. The following convictions may be eligible for expungement in Montana.
- Misdemeanor convictions: Most misdemeanor convictions can be expunged If the offender has served their whole sentence, including any probation or parole. The offender must also have not been convicted of another crime after five years of serving their sentence in the case they want to have removed.
- Deferred Prosecution convictions: An offender may be eligible for expungement if they were given deferred prosecution and fulfilled all the requirements of their probation.
- Nonviolent felony convictions: Some nonviolent felony convictions may be eligible for expungement. However, the requirements and procedures for expungement may vary depending on the offense and the case’s circumstances.
Petition for removal: Interested persons can petition the court to remove their court case from public records if it does not meet the requirement for expungement. This option is generally only available in limited circumstances, such as if the case was dismissed, the offender was acquitted, or the court finds a compelling reason to remove the case from public records.

Under Title 46, chapter 18, part 11, a record holder can petition a district court for an order to expunge misdemeanor offenses when specific criteria are met. These include when the record holder has not been convicted for any crime in Montana, another state, or federal court for five (5) years after completing the original sentence. Note that court cases removed from public records may still be accessible to certain individuals or agencies, for instance, law enforcement agencies

How to Check a Court Case Status in Montana

Interested persons can check a court case status in Montana online by using search tools provided by the presiding court on its official website. For instance, the Supreme Court of Montana provides public access to any active or closed case status on Court's official website public docket search page. Interested persons can also go to the court where the lawsuit was filed or make a written request.

How to Find Supreme Court Decisions in Montana

Interested persons can find Supreme Court decisions in Montana online using the court case search tool provided on the Supreme Court’s website. The search tools allow users to search for information on Supreme court cases, including court decisions on these cases. Inquirers can search for case information by providing a case number or party name on the search tool. Users can also conduct an advanced search where they can provide further specifics about the case, such as the case’s trial judge name, case type, and document types, among others. Users can also view a list of recent decisions (past 30 days) on the search tool.

What Percentage of Court Cases Go to Trial in Montana?

According to the final report published by the National Center of State Courts, in 2016 only 1% of civil cases were resolved in the state courts through trials. Similarly, in 2018 only 3% of criminal cases were resolved through trial. Interested parties may refer to the Montana judicial website for further information, which shows the historical breakdown of caseload from 1972-2022.

How Long Does a Court Case Last in Montana?

The Montana legislature does not provide a resolution deadline for a court case. Every matter that is brought before a court of law is distinct. Therefore, the amount of time it takes to resolve a case can depend on how complex it is. For instance, less complicated cases (like traffic tickets) may last for a few days to weeks, while cases with greater complexity may last for several months to years.

How to File a Case in Court in Montana

The term “filing” is used by the court system as a reference in the commencement of legal action to resolve disputes between two parties before the court of law.

In order to begin a civil case in Montana, a person or entity (referred to as the “plaintiff”) must first file a civil complaint against a defendant. The complaint must be submitted along with all required paperwork and fees to the court clerk's office with jurisdiction over the case. All documents must be submitted via physical paperwork. Courthouses clerk offices typically do not accept any filing submitted electronically or via fax without prior permission from the clerk's office.

Interested persons can also obtain the forms needed to file a court case on the Montana District official websites. These forms are necessary as they inform the court about the petitioner's requests. Furthermore, a court can not oversee or judge a legal complaint submitted without these forms.

In Montana, civil complaints and legal documents can be submitted in person, by mail, or online at a courthouse in the county where the dispute arose. Petitioners are generally advised to speak with a competent attorney for legal advice on how a lawsuit.

Similarly to how a civil case is filed, a criminal case in Montana also begins with filing legal documents to a courthouse clerk’s office with jurisdiction over the case. However, a state-hired prosecutor is the one who decides to file the criminal case and selects the accusations to bring.

What Does It Mean if a Court Case Was Resolved Before the Trial Date?

If a court case is settled before the trial, it indicates that the parties to the case or the court reached a decision without needing a jury or bench trial. Some ways a court case can be resolved before trial includes:

Plea agreement: When the defendant agrees to plead guilty to a less serious charge than the initial charge. Plea agreements are used to resolve the vast majority of criminal cases.
Dismissal process: When a party to a case requests or the court issues an order to dismiss the cases before a trial. The court may dismiss a case for various reasons, including but not limited to when a defendant's rights were violated.
Mutual Compromise: When the opposing parties in a court case resolve their dispute via alternative resolution techniques such as Monetary agreement, mediation, or arbitration.