Montana Code Annotated 2023

TITLE 3. JUDICIARY, COURTS

CHAPTER 5. DISTRICT COURTS

Part 5. Clerk of the District Court

General Duties -- Electronic Filing And Storage Of Court Records

3-5-501. General duties -- electronic filing and storage of court records. (1) The clerk of the district court, in addition to keeping the records and performing the duties prescribed elsewhere, shall:

(a) take charge of and safely keep or dispose of according to law all books, papers, and records that are filed or deposited in the clerk's office;

(b) act as clerk of the district court and attend each term or session of the court and upon the judges at chambers when required;

(c) issue all process and notices required to be issued;

(d) enter all orders, judgments, and decrees proper to be entered;

(e) keep in each court a register of actions, as provided in 3-5-504;

(f) keep for the district court two separate indexes, one labeled "General Index--Plaintiffs" and the other labeled "General Index--Defendants", which must be in the form prescribed in 3-5-502;

(g) keep a minute book, which must contain the daily proceedings of court, which may be signed by the clerk;

(h) keep a fee book, in which must be shown in an itemized form all fees received for any services rendered in the capacity as clerk.

(2) The clerk of the district court may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.

History: Ap. p. Sec. 4440, Pol. C. 1895; re-en. Sec. 3048, Rev. C. 1907; re-en. Sec. 4815, R.C.M. 1921; Cal. Pol. C. Sec. 4204; re-en. Sec. 4815, R.C.M. 1935; amd. Sec. 10, Ch. 344, L. 1977; Sec. 16-3001, R.C.M. 1947; Ap. p. Sec. 4441, Pol. C. 1895; re-en. Sec. 3049, Rev. C. 1907; re-en. Sec. 4816, R.C.M. 1921; re-en. Sec. 4816, R.C.M. 1935; Sec. 16-3002, R.C.M. 1947; R.C.M. 1947, 16-3001(part), 16-3002; amd. Sec. 1, Ch. 104, L. 1981; amd. Sec. 4, Ch. 174, L. 1995.