Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Montana.
Questions tagged [montana]
10 questions
9
votes
2 answers
Does Montana's law to ban TikTok violate Sections 9 and 10 of the Constitution?
The State of Montana has passed SB419 which bans TikTok within Montana.
This Washington Post article indicates that TikTok could avoid the ban provided its ownership was not based in, "any country designated as a foreign adversary" by the bill's…
Pyrotechnical
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8
votes
1 answer
Can a sheriff's department conceal the identity of the complainant?
For a citation issued by a county sheriff, can the sheriff's department conceal the identity of the complainant from the individual cited?
Jurisdiction: a Montana county Justice Court.
Citation: misdemeanor offense (non-violent) of a state law.
What…
SomeSEuser
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5
votes
2 answers
Must a county attorney provide copies of documents to the individual charged before a bench trial?
In a Montana Justice Court (a Court of Limited Jurisdiction https://courts.mt.gov/courts/lcourt/ ), in a misdemeanor criminal case, must the county attorney provide copies of the written complaints or other documents to the individual charged before…
SomeSEuser
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vote
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Prescriptive Easement - how exactly does this apply to utilities?
A prescriptive easement in my state (MT) is defined as:
"A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5…
maplemale
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1
vote
1 answer
Does a state Department of Revenue typically have access to your property / home?
Here's an interesting one, the Department of Revenue (Montana) shows up on your property. They seem nice, and they want to measure your house / walk around in it etc. It's still under construction. This happens several times when I'm not around and…
maplemale
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1
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2 answers
FOIA or subpoena for a county sheriff's department?
Let's say a county law enforcement officer, such as a sheriff's deputy, says to Jeff "we know a lot about you."
How would Jeff go about finding out what the sheriff's department "knows" about them? Suppose we assume Jeff's name is in emails, phone…
SomeSEuser
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0
votes
1 answer
Plumber employment
Is there any legal issue with a property management company employing a journeyman plumber to do plumbing jobs in house?
The management company only manages related party owned properties, specifically one spouse owns a management company which…
Kyle
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0
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1 answer
Can a law enforcement officer's testimony be hearsay?
Let's say a sheriff's deputy interviews a witness and on the basis of the information in that interview issues a citation for a statewide misdemeanor to Individual A. The witness's account is not written down by the deputy. Can that deputy testify…
SomeSEuser
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0
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2 answers
Who is the proscecutor in a Court of Limited Jurisdiction?
In a Montana Justice Court (a Montana Court of Limited Jurisdiction https://courts.mt.gov/courts/lcourt/) when someone appears for a citation issued by a county sheriff, who is the prosecuting attorney? The county attorney? Or is there a prosecutor…
SomeSEuser
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-2
votes
2 answers
Could a state enforce a law that establishes a definition of "biological sex"?
There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law?
Currently, there is a bill in the Montana legislature that seeks to…
BlueDogRanch
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