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Montana Title 3. Judiciary, Courts § 3-5-124. Standing masters--reference--powers

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) A reference to a standing master must be made at the judge's discretion or by standing order of the district court. All standing orders of reference under this section must be posted in a conspicuous place on the district court's or the judicial branch's website.

(2) A party may object to a reference to a standing master within 20 days after the date the matter was referred to the standing master but before the first meeting with the standing master. On objection, the district court shall refer the matter to another standing master in the judicial district or return the matter to the active docket of the district court.

(3)(a) The order of reference to the standing master must specify or limit the standing master's powers and must direct the standing master to present written findings of fact and conclusions of law on particular issues for the consideration of the district court. Subject to the specifications and limitations stated in the order, the standing master shall regulate all proceedings in each hearing before the standing master and implement measures necessary for the efficient performance of the standing master's duties under the order.

(b) The standing master may:

(i) require the production of evidence on all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings that are applicable;

(ii) rule on the admissibility of evidence unless otherwise directed by the order of reference. The standing master's rulings must be in accordance with Montana law and the Montana Rules of Evidence, as applicable.

(iii) put witnesses on oath and permit their examination;

(iv) call the parties to the action and permit their examination under oath; and

(v) issue temporary orders that are subject to review by the district court, on objection by a party to the action.

(c) The standing master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Montana Rules of Evidence for a court sitting without a jury. Audio and video recordings are acceptable means of record so long as a master recording is properly preserved and can be transcribed for district court and appellate review.

(4) A standing master shall apply all applicable laws and follow the applicable rules of the judicial district in which the matter is filed.

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Cite this article: FindLaw.com - Montana Title 3. Judiciary, Courts § 3-5-124. Standing masters--reference--powers - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-3-judiciary-courts/mt-st-3-5-124/

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