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Bill > SB385


MT SB385

MT SB385
Create a general claims court


summary

Introduced
02/20/2025
In Committee
03/05/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT CREATING THE MONTANA GOVERNMENT CLAIMS COURT; PROVIDING FOR APPOINTMENT AND CONFIRMATION OF JUDGES; PROVIDING FOR SUPERVISION AND ADMINISTRATION OF THE COURT AND PERSONNEL; PROVIDING JURISDICTION FOR THE COURT; PROVIDING FOR PROCEDURE, VENUE, HEARINGS, RULES OF PROCEDURE, JURIES, APPEALS, AND A REMOVAL PROCESS; AMING SECTIONS 2-4-702, 3-1-101, 3-1-102, 3-1-201, 3-5- 115, 3-5-302, 3-20-102, AND 19-5-301, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.”

AI Summary

This bill creates a new Montana Government Claims Court with three judges appointed by the governor and confirmed by the senate, serving staggered six-year terms. The court will have jurisdiction over civil actions involving constitutional or legal challenges to state actions, administrative rules, permits, and ballot measures, as well as asbestos-related claims. The judges must be U.S. citizens, Montana residents for at least two years, and licensed attorneys in the state for a minimum of five years. Each judge will be paid a salary 20% higher than an associate supreme court justice and will have powers similar to a district court judge. The court will be located in Helena and will have the ability to hold hearings in various counties, with jury pools drawn from the county or judicial district where venue is proper. Appeals from this court will go directly to the Montana Supreme Court. The bill also amends several existing statutes to incorporate the new court into the state's judicial system, allowing for concurrent jurisdiction with district courts in certain matters. The new court is set to become operational on October 1, 2025, with initial judicial appointments to be made within 90 days of the act's effective date.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

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