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(1) The supreme court may make rules establishing procedures for electronic filing of documents and electronic storage of documents.
(2) Courts may, but are not required to, institute procedures for electronic filing of documents and electronic storage of documents to further the efficient administration and operation of the courts. Electronically filed or stored documents may be kept in lieu of any paper documents. Electronic filing of documents and electronic storage of documents must be in conformity with rules adopted by the supreme court.
(3) The provisions of 3-1-114 and this section may not be construed to repeal any other provision of existing law that requires or provides for the maintenance of official written documents, records, dockets, books, ledgers, or proceedings by a court or clerk of the court in those courts that do not institute electronic filing of documents and electronic storage of documents.
(4) The procedures for electronic storage of documents may require but are not limited to the following:
(a) all original documents to be recorded and released into the court's electronic filing and storage system within a specified minimum time period after presentation to the court;
(b) the use of original paper records during the pendency of any legal proceeding;
(c) standards for organizing, identifying, coding, indexing, and reproducing an original document so that an image produced from electronically stored information can be certified as a true and correct copy of the original and can be retrieved rapidly; and
(d) retention of the original documents consistent with other law and security provisions to guard against physical loss, alterations, and deterioration.
Cite this article: FindLaw.com - Montana Title 3. Judiciary, Courts § 3-1-115. Electronic filing and storage of documents--rules - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-3-judiciary-courts/mt-code-ann-sect-3-1-115/
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