Montana Public Records /Montana Court Records Online

Montana Court Records Online

Are Court Records in Montana Open to the Public?

Yes, Montana court records are open to the public under the Montana Public Records Act. The Act ensures that any individual has the right to inspect and obtain copies of public information. A public record in Montana includes any information fixed in any medium, retrievable in a usable form, and designated for retention by state, judicial, legislative, or local government records committees.

To receive court records, requesters must provide specific details such as the case number, names of the parties involved, and the year of the case. However, not all records are available for public access. Records may be withheld if their disclosure jeopardizes the safety of facility personnel, the public, students, or inmates. Additionally, records that have been expunged or redacted by law are not accessible.

Montana's Public Record Act has been in place since 1895 and has been amended to include electronic formats. This means electronic court records are also accessible to the public.

What Information Appears in a Montana Court Records Search?

Registers of actions
Calendars
Directories
Files/dockets
Orders
Official litigation records
Minutes
Judgments
Information in the state's case management system

How To Find Court Records in Montana

To obtain court records in Montana, first identify the court where the case was filed. The Clerk of the Montana Supreme Court provides access to public court documents filed with the court. Interested individuals can view records at the Office of the Clerk of the Supreme Court but cannot take them off-site without court permission.

Montana Supreme Court records are categorized by date:

Records from the territorial period through 1937 are on microfiche at the Montana Historical Society and the Montana State Law Library.
Records from 1938 to 2012 are stored off-site and can be retrieved by contacting the Clerk of the Supreme Court.
Records from 2013 to present are kept onsite and can be reviewed in-person during office hours.

For lower court records, visit the appropriate court location. The Montana courts website provides a court locator tool to find the locations of all courts in the state.

Public Access to Montana Court Records

The Montana Supreme Court Case Public View Docket Search tool offers remote access to public case information. Users can search for active or closed cases by case number, case party, or case attorney. For in-person requests, visit the Office of the Clerk of Court at 215 N Sanders St #323, Helena, MT 59601, during regular office hours.

Searching Montana Court Records by Name

To search court records by name, visit the courthouse where the case was heard or use the online case management system for the relevant court. The name can be the record holder's name, the parties in a case, the attorneys involved, or even the judge(s).

Online name-based searches for Supreme Court records can be conducted using the Montana Supreme Court Case Public View Docket Search tool. For trial cases, use the Montana District Court Public Access Portal or the Montana Courts of Limited Jurisdiction Public Access Portal.

On these portals, searches can be done on a court-by-court basis. The search drop-down menu allows for party search, case search, or judgment index search. Users will see the case number, party name, filing date and time, and pertinent case information.

How To Access Court Records Online for Free in Montana

Montana citizens can access the state's trial court public portal at no cost. Users can get pertinent case information by inputting case details in the search query for the court where the case was filed or heard.

Many courts also allow individuals to use public access computers to conduct free court record searches. Third-party websites offer low-cost online court records access, but accuracy and up-to-date information are not guaranteed on these platforms.

Court records are available through both traditional government sources and third-party websites. Third-party sites may offer easier searches as they are not limited geographically or by technological constraints. However, they are not government-sponsored entities, and record availability may vary.

Exemptions for Montana Court Case Lookup

Certain records are exempt from public access to protect privacy and security. These include:

Domestic violence or child abuse records
Medical information
Records that jeopardize the safety of facility personnel, the public, students, or inmates

Courts may seal records to protect minors' privacy or for security reasons. Additionally, expunged or redacted records by law are not accessible to the public.

Finding a Court Docket in Montana

Montana court dockets are logs of case proceedings maintained by court clerks for case management and tracking. These records are available to the public during business hours. Interested individuals can visit the courthouse to request a copy or access the dedicated online case management system used by the courthouse.

Supreme Court dockets are available via the public view docket search tool. Trial court dockets can be accessed through the trial court case portal, which allows for party search, case search, or judgment index search. The docket search provides weekly court schedules and other relevant information.

What Information Is Found in Montana Judgment Records?

Judgment records in Montana show the adjudication of a criminal or civil case. They include:

Judge's name
Names of the litigants
Claims of the parties involved
Judgment issued by the court

To obtain judgment records, identify the record custodian and provide necessary details such as case number, litigants' names, and the year of judgment. Administrative fees cover the cost of searching and making copies of the documents.

Are Bankruptcy Records in Montana Publicly Accessible?

Yes, Montana bankruptcy records are publicly accessible under Mont. Code Ann 2-6-1002.13 and the Freedom of Information Act. These records provide information on individuals or companies who have filed for bankruptcy in Montana.

To receive bankruptcy records, requesters must provide specific details such as the case number, names of the parties involved, and financial information. Certain information, such as social security details and the full name of children, is not revealed.

Bankruptcy records are available electronically through PACER. Physical copies can be obtained by visiting the court or submitting a written request.

How To Search Bankruptcy Records in Montana

To obtain Montana bankruptcy records, visit the courthouse or use the Multi-Court Voice Case Information System (McVIS) by calling (866) 222-8029, ext. 618. Additionally, search the PACER platform for bankruptcy records.

Physical copies can be requested at the Clerk's office for a fee of $32.00 per search and $0.50 per page.

U.S. Bankruptcy & District Court, Butte Division
Mike Mansfield Federal Courthouse, 2nd Floor
400 North Main Street
Butte, MT 59701
Phone: (406) 497-1240

U.S. District Court, Billings Division
James F. Battin Federal Courthouse
2601 2nd Avenue North
Billings, MT 59101
Phone: (406) 247-7000
Fax: (406) 247-7008

U.S. District Court, Great Falls Division
Missouri River Federal Courthouse
125 Central Avenue West
Great Falls, MT 59404
Phone: (406) 727-1922
Fax: (406) 727-7648

U.S. District Court, Missoula Division
Russell Smith Federal Courthouse
201 East Broadway
Missoula, MT 59802
Phone: (406) 542-7260
Fax: (406) 542-7272

Different Types of Courts in Montana

Supreme Court: The highest court in the state and the only appellate court.
District Courts: Have general jurisdiction over civil and criminal cases.
Court of Limited Jurisdiction: Includes Justice, City, and Municipal Courts.
Specialty Courts: Includes Water Court, Workers' Compensation Court, Treatment Courts, and Youth Court.

Understanding the Differences Between Civil and Small Claims Courts in Montana

Montana Small Claims Courts handle suits of $7,000 or less and provide a speedy, inexpensive remedy for small claims without requiring an attorney or formal trial. Nearly any case involving money or personal property recovery can be heard, provided the amount does not exceed $7,000. Claims must be filed in the county where the defendant resides.

Civil Court cases can involve amounts up to $12,000 and include real estate eviction cases. Attorneys may represent parties in Civil Court, and the procedural rules are more formal compared to Small Claims Court. Appeals from Small Claims Court can be made to the District Court.

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