civics.online

Court Records

Montana Court Records

How Montana's courts are organized, where their records are kept and how to search them.

Montana's court system is simple in structure but spread across a huge state. There is no intermediate appeals court, so every appeal goes directly to the Montana Supreme Court. District courts are the main trial courts, and justice, city and municipal courts handle minor cases.

Montana does not offer a free public search across all trial courts, so most trial court records come from the clerk of district court in the county where the case was filed.

Montana's clerks of district court are elected county officials, so practices, fees and response times can differ from one county to the next. Calling ahead with a case number, or at least the names of the parties and an approximate year, makes a request much faster.

How Montana's courts are organized

Montana has three levels of state courts, plus specialized courts for water rights and workers' compensation.

Montana Supreme Court

Seven justices hear all appeals from the district courts and the specialized courts.

District courts

The general jurisdiction trial courts, in 22 judicial districts covering all 56 counties. They hear felonies, larger civil cases, family law, probate and juvenile cases.

Courts of limited jurisdiction

Justice courts, city courts and municipal courts hear misdemeanors, traffic, small claims and smaller civil cases.

Water Court and Workers' Compensation Court

Statewide courts for water rights claims and workers' compensation disputes.

Searching Montana court records online

Online access is limited for trial courts but good for the Supreme Court.

Getting records from the clerk's office

The clerk of district court in each county keeps the district court's files and can provide copies and certified copies for set fees. Many accept requests by mail or email. Records of justice and city courts come from those courts.

Deeds are kept by the county clerk and recorder, a separate office.

Montana courts have been moving to a statewide electronic filing and case management system. In counties that have made the switch, recent documents are stored electronically and can often be emailed, while older files remain on paper or microfilm.

What is public, and what is not

Montana's constitution guarantees a right to examine public documents, and most court records are open. Youth court, adoption, mental health and many family records are confidential, along with personal identifiers.

Montana allows expungement of many misdemeanor convictions and has procedures for sealing some records. Expunged records are removed from public access.

Montana courts follow the Rules for Privacy and Public Access to Court Records, which require filers to keep Social Security numbers, financial account numbers and the names of minor victims out of public documents. Judges seal records only after weighing the public's constitutional right to know against an individual's right to privacy, a balance written into Montana's constitution.

Older and archived records

Older district court records are kept by county clerks or transferred to the Montana Historical Society, which holds territorial and early statehood court records.

Many counties still hold their original 19th century district court ledgers and case files, and the clerk can tell you whether historical files have been sent to the state archives.

Criminal history and background records

A court file tells you what happened in one case in one court. A criminal history record (often called a rap sheet) pulls together arrests, charges and outcomes reported from across the state, so it is a different product kept by a different agency.

The Montana Department of Justice keeps the state's criminal history records. Public criminal history information is available to anyone.

Federal court records in Montana

Federal cases, including federal crimes, bankruptcies, and lawsuits over federal law or between citizens of different states, are not filed in Montana's state courts. Montana is a single federal judicial district, and each has its own clerk's office:

Federal case files are searched through PACER, the federal judiciary's records system. PACER charges a small fee per page, but you pay nothing if your charges stay under the quarterly fee-waiver threshold, court opinions are free, and every federal courthouse has public terminals you can use at no cost. Many PACER documents have also been copied into the free RECAP Archive on CourtListener. Appeals from Montana's federal courts go to the U.S. Court of Appeals for the Ninth Circuit.

Tips for a faster search

  • Call the clerk of district court before you travel; rural courthouses may keep limited hours.
  • Montana case numbers include a case type such as DC (criminal) or DV (civil).
  • If the case was in justice or city court, contact that court, not the district court clerk.
  • Montana's constitution gives the public a strong right to observe government and examine documents, so if a clerk refuses access, ask which law or court order makes the record confidential.
  • Have the full names of the parties, the county and a rough date range ready. A case number is the fastest way in if you have one.
  • Online indexes are not the official record. If a decision depends on it, get a copy (or a certified copy) from the clerk's office that holds the file.

Legal help and law libraries

Clerks and law librarians can explain how to find a record, but they cannot give legal advice. These organizations can point you in the right direction:

This guide is general information about public records, not legal advice. Court websites, fees and rules change, so confirm details with the court before you rely on them. Civics-Online.org is not affiliated with any court or government agency.